Falls from high locations such as roof trusses, steel beams, and scaffolding can cause bruises, fractures, strains, and sprains, but even smaller items such as fasteners and hand tools can cause injuries. Construction workers and their employers should apply physical and procedural precautions to prevent objects from falling.
California is a no-fault state for Worker’s Compensation, so even if the construction employee is at fault for the falling object accident, their benefits are covered. However, in exchange for no-fault benefits, employees give up their right to pursue a civil claim against their employer. When you have questions about your falling objects accident, call Grossman Law Offices at (866) 982-5094. We thoroughly investigate your claim and fight to get you the maximum compensation from all responsible parties.
What are the most common falling objects?
The Occupational Safety and Health Administration (OSHA) reports that the most common falling objects that cause injury to construction workers include, but are not limited to:
- Door frames
Common Injuries Caused By Falling Objects
Although no two falling objects injuries are the same, some common injuries are caused when objects fall from a great height onto workers below.
Head and Brain Injuries
Falling objects can cause lethal head trauma when they fall directly on a construction worker’s head or face and the victim is not wearing a helmet. Open TBI is when an object penetrates the skull and directly damages the brain tissue. Closed TBI is an injury where the skull is not fractured, but the force of the impact knocks the brain against the inside of the skull, leading to bruising, bleeding, and other complications. Severe TBI caused by falling objects can lead to loss of consciousness for several minutes or hours, convulsions or seizures, clear fluids draining from the nose or ears, repeated vomiting, and persistent headache.
In some tragic cases, the falling or flying object can cause a lethal injury. If you lost a loved one to a fatal accident on a job site, then you can take legal action. You can recover damages for the medical attention that your loved one received before their untimely death, lost wages, and funeral and burial expenses. The victim’s widow or widower, surviving children, or parents could file a wrongful death claim against a third party if their negligence or actions killed their loved one. These cases are handled much differently than Worker’s Compensation claims, so you should contact Grossman Law Offices immediately.
Falling objects can fracture the shoulder, vertebrae, and other bones and joints in the body. Fractures may require surgery and months or years of physical rehabilitation for the construction worker to regain their mobility. Broken bones are physically painful and prevent the worker from being able to make a living.
What types of compensation can I receive for my injuries?
If you have sustained injuries from falling objects on a construction site, then you have the right to be compensated. Economic damages compensate you for monetary losses, such as:
- All of your medical expenses to treat your injuries
- Future medical expenses such as physical therapy and rehabilitation
- Assistive medical devices, prescription medications, and follow-up visits with doctors
- Lost wages
- Future lost earning potential
- Any other out-of-pocket expenses you would not have incurred but for the at-fault party’s negligence, such as in-home personal care, modifications to your home or vehicle (e.g. a wheelchair ramp), and household or childcare services if you cannot perform them yourself
Noneconomic damages include pain and suffering, post-traumatic stress disorder, the loss or loss of use of a limb or organ, facial disfigurement, permanent scarring, shock, grief and loss of consortium.
How long do I have to file my claim?
A statute of limitations is a legal deadline by which you can file a personal injury claim. After that date has passed, you will have no legal standing to receive compensation for your injuries and losses. You should speak to an attorney about all relevant deadlines, including when you need to file your Worker’s Compensation claim.
Contact Grossman Law Offices Today
Working with an experienced personal injury lawyer can help you navigate a complex case. One caveat is that construction workers relinquish their right to sue their employer if they are injured on the job. Negligence is not a required element to receive Worker’s Comp benefits. There are exceptions to this exclusive remedy rule, though. You can still file a premises liability claim against a negligent property owner or any other third party whose negligence caused your falling object injury.
Only an attorney can advise you whether or not you could potentially pursue and collect both civil damages and Worker’s Compensation benefits. Grossman Law Offices has recovered over $200 million in settlements for California falling objects claims. Call (866) 982-5094 now to schedule your free consultation with a personal injury attorney.