One of the most notoriously common risks of being seriously injured or killed on the job facing construction workers in Indiana or Illinois is the “struck-by” accident.
Construction is one of the most popular lines of work here in Indiana and Illinois. Moreover, economic forecasts herald a growth in the industry in our part of the country for the near future, in no small part due to the passage of the 2021 Infrastructure Act.
Construction Industry: Highest Number of Worker Deaths
Sadly, more workers die each year while working construction than in any other industry in this country, and this infuriating statistic has been true every year since 2012 according to Illinois’ world-renowned safety organization, the National Safety Council.
Construction has earned its reputation as the most dangerous industry in the United States.
Hazardous Jobs on the Construction Site
On the construction site, certain jobs bring a higher risk of fatal injuries than others, according to data compiled by the Bureau of Labor Statistics for 2019. Within the extremely dangerous construction industry, workers facing the greatest risk of a fatal injury on the job include:
- Cement masons
- Crane operators
- Equipment operators
- Helpers, including building equipment contractors; building finishing contractors; foundation and exterior contractors
- Laborers
- Roofers
- First line supervisors of construction trades
- First line supervisors of extraction workers.
See, Top 25 Most Dangerous Jobs in the United States, written by Adrian Mak and published by Advisor Smith on September, 2021. Also read:
- Crane Accidents: Catastrophic Injuries and Fatalities in Indiana and Illinois
- Construction Accidents: Cement and Concrete Hazards on the Construction Site
- Roofers Hurt or Killed on the Job: Why is Roofing So Dangerous and Deadly?
Struck-By Hazards on the Construction Site: One of the Fatal Four
Another warning on the dangers of the construction site involves the type of hazards facing workers on the job site, regardless of their trade or skill. The Occupational Health and Safety Administration (“OSHA”) warns that there are four specific hazards that pose the greatest danger of injury, which have come to be called the industry’s “Fatal Four” or “Focus Four.” These are falls; electrocution; caught-in-between; and struck-by incidents.
The latter, struck-by accidents, can occur in many different ways at a construction workplace. These are serious events. A construction worker who is hurt in a struck-by accident is likely to die or suffer catastrophic, life-altering harm as a result of the injuries. Consider this:
- construction site struck-by injuries are the leading cause of nonfatal injuries on construction sites; and
- struck-by accidents are the 2nd most common cause of death for construction workers on the job in our country.
What is a Struck-By Accident?
OSHA defines a “struck-by injury” as harm “…produced by forcible contact or impact between the injured person and an object or piece of equipment.” A construction worker is considered to have been a victim of a “struck-by accident” if the incident involves the accident victim being struck by:
- a flying object;
- a falling object;
- a swinging or slipping object; or
- a rolling object.
As the Center for Construction Research and Training (“Center”) explains, “struck-by accidents” occur when anyone on a construction site comes into forceful contact with a moving vehicle, equipment, or a falling or flying object. As the Center warns workers, “In 1 Strike, You Could Be Out.”
These accidents range from vehicular accidents, where for example a pedestrian is hit by a crane or backhoe, to a hammer falling from a scaffold and hitting the victim working below. Anything that collides with a human body at great force on the work site can be considered as a “struck-by accident.”
For details on these types of incidents, including several examples of how they can happen on the construction site, read our earlier discussion in Fatal Construction Work Accident: Injuries from Being Struck By Object.
Duty to Protect Construction Workers From Struck-by Injuries on the Job
The Center has several suggestions for avoiding serious or deadly harm in a construction site struck-by accident. These include advising workers to do things like (1) never working under a load; (2) staying outside of the swing radius of cranes and backhoes; and (3) tethering tools to work belts when working at a height.
They are good safety practices, of course. However, the key to preventing struck-by accidents on any construction site, from a commercial office building in Chicago to a highway road work zone in rural Indiana is for the employer and those responsible for oversight of the workplace to take all necessary reasonable and prudent safety steps known to protect against struck-by hazards.
In fact, both state and federal law establish legal duties of care and safety that demand these safety steps be undertaken. If they are not, then the accident victim can seek legal claims for damages based upon a breach of the legal duties involved. For the federal regulations applicable to the United States Construction Industry, see 29 CFR Part 1926.
Employer actions include things like:
- Providing training to workers on the dangers of struck-by hazards and what they are;
- having supervision of the work site for struck-by hazards, making sure there are no unbalanced loads, etc.;
- providing the appropriate Personal Protective Equipment (PPE) for workers, such as helmets and head gear;
- reviewing the site prior to start of work for struck-by hazards and minimizing or removing them;
- setting up protection systems such as barriers, defined work zone areas, and vehicle arresting systems before work begins;
- monitoring the work site to make sure that protection systems are functioning properly; and
- having emergency procedures in place should an accident occur.
Justice for Serious or Fatal Construction Worker Injuries after Struck-By Accident
No matter the size of the work site, the scope of the project, or the experience of the construction worker, the reality remains that working construction is a very dangerous occupation for anyone on the job here in Illinois or Indiana. Statistics warn of the very real danger of a deadly accident in this industry, despite the long-established legal duties of care and safety placed upon construction project owners, contractors, architects, and engineers.
Struck-by risks are well-known to these owners and employers, and still the data reveals that the dangers of a serious or fatal struck-by accident remain high.
For any worker here in Indiana or Illinois who suffers bodily injuries in a construction site struck-by accident, there may be avenues for justice under the state laws of Indiana and Illinois that can provide claims for relief.
These may be pursued under our state workers’ compensations systems or in some instances, under civil personal injury claims, where damages can include medical expenses, lost wages, lost earning capacity, pain and suffering, rehabilitation, and more. Investigation into the event may reveal that not only the employer but other third-parties may share legal responsibility for the struck-by incident and its aftermath.
For more on construction accidents, read:
- Trade Stacking Construction Accidents: The Danger of Overcrowded Job Sites
- Construction Worker’s Risk of Dying on the Job Jumps 41% According to New Report
- New Construction Worker Safety Report: 43% Jump in Road Construction Worker Deaths
- Catastrophic Injury Accidents: Special Legal Protections for Victims and Families in Indiana and Illinois.
For everyone earning a living on the construction sites of Illinois and Indiana, there is an unacceptably high risk of a catastrophic or fatal injury in an on-the-job struck-by accident. Please be careful out there!
