New Jersey Workers’ Compensation Lawyer for Falling Object Injuries at Construction Sites

Construction sites are full of hazards, and one of the most serious risks involves being struck by falling objects. From tools and heavy equipment, building materials and debris, or even the smallest items have the potential to cause severe, life-altering injuries. If you were injured on the job in New Jersey after being struck by a falling object, you may be entitled to workers’ compensation. At the Todd J. Leonard Law Firm, we help injured workers get the benefits they need to recover and move forward. 

Falling Object Accidents: Part of OSHA’s Fatal Four Construction Hazards

Falling object workplace accidents occur when tools, materials, or debris fall from an elevated position and strike a worker. These injuries can range from minor to even life-threatening conditions. New Jersey’s construction industry had 18 on-the-job deaths in 2023, of which 13 occurred due to workers being struck by a falling object or powered instrument.

The Occupational Safety and Health Administration (OSHA) has found that being struck by a falling object is one of the construction industry’s four leading causes of death, known as the “Fatal Four.” According to OSHA, around 75 percent of construction-related fatalities from being struck by objects involve heavy equipment like trucks or cranes.

Falling object injuries happen when a worker is hit by something falling, flying, swinging, or rolling. On busy job sites, this might include a dropped hammer, a collapsing beam, or debris dislodged by high winds. In multi-level construction zones, lower-level workers are especially vulnerable to objects falling from above. 

According to the National Safety Council, contact with objects and equipment is the third leading cause of workers needing days away from work, job restriction or transfer (DART). From 2021 to 2022, such incidents resulted in 780,690 DART cases nationwide. The construction industry accounted for around 10 percent of nonfatal injuries caused by contact with objects and equipment. The upper extremities comprised 55 percent of injuries, while 23 percent consisted of lower extremities and 14 percent were head injuries.

Common Injuries Caused by Falling Objects at Construction Sites

Construction sites are dynamic environments where workers operate at various heights and move materials constantly. There is often a lot of overhead work being performed. Whether it is improperly secured tools or a lack of safety measures, there are many ways workers may be struck by airborne or falling objects, including:

• Dropped tools or materials from scaffolding, ladders, cranes or elevated platforms.
• Loose debris or equipment falling due to improper securing.
• Shifting loads during crane or forklift operations.
• Structural failures, such as collapsing beams or ceilings.
• Weather-related incidents, like high winds dislodging objects.

A 2022 survey by the Center for Construction Research and Training (CPWR) found that falling objects when working from a height accounted for 30 percent of struck-by injuries, while falling objects when working on the same level accounted for 19 percent.

Workers injured due to being struck by falling objects may face long recovery times, resulting in significant medical expenses. Under New Jersey law, they have the right to pursue workers’ compensation to cover their medical bills, lost wages, and other work injury-related costs.

Objects falling from above can lead to serious injuries, even if the item is relatively small. The force generated by the height can turn a simple tool into a dangerous projectile. According to the CPWR, even a lightweight object can cause severe or deadly injuries if it falls from a great height. For example, a one-pound object that falls up to 150 feet can result in “serious” injuries, while the level of harm will increase to “severe” if it falls 200 to 300 feet.

The falling object’s shape and the body part it strikes are also important factors. Heavier or larger objects can cause devastating trauma, sometimes resulting in permanent disability or even death. Some of the injuries commonly linked to falling object accidents include:

• Traumatic brain injuries and concussions
• Fractures and broken bones
• Damage to the spine or neck
• Partial or complete paralysis
• Limb loss or amputations
• Internal and crush-related injuries
• Soft tissue tears and muscle damage
• Deep cuts and bruising
• Blindness
• Amputations

Struck-by accidents resulted in 14,000 injuries in the construction industry in 2020. In 2023, workers being struck by a falling object accounted for 6 percent of fatal work injuries in New Jersey.

These injuries often require extensive medical treatment and rehabilitation. Many construction workers need to take extended time off. In severe cases, they may never be able to return to the same line of work. Consulting a New Jersey workers’ compensation attorney after such an accident is crucial as they can help you secure the benefits and financial support necessary for your recovery.

Workers’ Compensation Benefits for Falling Object Injuries in New Jersey

If you were struck by a falling object while working on a construction site, you are entitled to workers’ compensation. The New Jersey workers’ compensation system is designed to help injured workers get benefits for medical treatment and partial wage replacement for temporary disability without needing to file a lawsuit against their employer or find out who is at fault. Severely injured workers may receive permanent disability benefits.

The law protects workers from facing termination or other forms of retaliation from employers when filing a workers’ compensation claim. Unfortunately, it is not uncommon for injured workers to face pushback from insurance carriers. There may be delays, a dispute about how the injury happened or questions about when you can return to work. That’s where having an experienced New Jersey workers’ compensation attorney on your side can make a real difference.

Third-Party Liability Claims for Construction Site Falling Object Accidents

The chaotic nature of construction sites increases the risk of accidents. Often, falling objects can be traced back to safety violations or negligence. OSHA emphasizes that most struck-by object accidents are preventable. Employers are required to implement safety measures like securing tools and materials, installing protective barriers, using toe boards and making sure workers wear hardhats and other personal protective equipment. When these standards are ignored or corners are cut, the results can be catastrophic. 

In some cases, workers injured by falling objects may be able to pursue a separate personal injury claim for negligence in addition to a workers’ compensation case. While workers’ compensation typically bars you from suing your employer, you may have grounds for a third-party liability claim if someone other than your employer contributed to the accident. For example, you may be able to file a third-party, personal injury lawsuit against:

• A subcontractor who failed to properly stack materials or take the poor weather into account.
• A general contractor who ignored safety protocols or did not provide adequate supervision.
• An equipment manufacturer if poorly designed scaffolding or rigging contributed to objects falling unexpectedly.

Personal injury claims can provide additional compensation for emotional distress, pain and suffering, beyond the scope of workers’ comp. The Todd J. Leonard Law Firm will review your workplace accident and thoroughly investigate what happened. Our attorneys can help you explore all possible avenues for compensation. 

What To Do After a Falling Object Injury on a NJ Construction Site

If you are injured by a falling object at a construction site, there are several steps you should take to protect your rights and ensure you receive the workers’ compensation benefits you deserve.

• Report the Injury Immediately: You should notify your supervisor or employer about the accident as soon as possible, even if the injury seems minor. Reporting the injury ensures an official record of the incident and starts the process for workers’ compensation claims.
• Get Medical Attention: Despite no immediate pain or symptoms, it is essential to see a doctor. Injuries caused by falling objects can be deceptive, and conditions such as concussions, internal bleeding or fractures may not be immediately apparent. Seeking medical treatment is vital for your health, and documenting your injury is vital for the workers’ compensation claim.
• Document the Scene: If possible, take photos of the area where the incident occurred, including the objects that fell or contributed to your accident. This can help establish the circumstances surrounding the injury and strengthen your case.
• File a Workers’ Compensation Claim: Once the injury has been reported and you have received medical care, you or your employer will need to file a workers’ compensation claim. This can be done through the insurance company that handles your employer’s workers’ compensation policy. Be sure to follow up regularly to ensure that the claim is being processed.
• Consult with a Workers’ Compensation Attorney: The workers’ compensation process can be complicated, especially when dealing with serious injuries or disputes over the extent of your injuries. An experienced lawyer can ensure you receive all the benefits you deserve. They will also help you determine if you have grounds for a third-party personal injury claim.

Schedule a Free Consultation with Our New Jersey Construction Accident Attorneys

If you have been struck by a falling object at a construction site in New Jersey, it is crucial to understand your rights and take the necessary steps to ensure you receive the compensation you are entitled to. The Todd J. Leonard Law Firm is here to help you navigate the complexities of workers’ compensation and fight for the benefits you deserve.

Our New Jersey workers’ compensation attorneys have over 35 years of experience aggressively representing construction, manufacturing, and warehouse workers seriously injured while on-the-job. Our personal injury lawyers have also assisted workers in their third-party claims involved in all types of accident claims, including slip and fall accidents, dog bite attacks, car accidents, wrongful death claims, etc. We have successfully handled thousands of claims involving injured New Jersey workers, recovering over $100 million for our clients.

Whether it be through a workers’ comp claim and/or a third-party personal injury case, our worker’s compensation and personal injury lawyers will help you navigate the complexities of the process, so you can focus on your recovery. To learn more about how we can help you pursue a workers’ compensation claim, give us a call today at (973) 920-7900 to request a FREE and confidential consultation. You can also connect with us through our online form. There is never a fee unless we win. We have two conveniently located offices in Denville and Morristown, New Jersey.