You’re on the job at a busy construction site. Trucks are moving, equipment is swinging, and workers are carrying materials back and forth. Suddenly, a piece of machinery shifts, and before you can move, you’re struck. The impact leaves you on the ground, and coworkers rush to help. At the hospital, doctors confirm you’ve suffered serious injuries from a struck-by accident.
What Is a Struck-By Accident?
A struck-by accident occurs when a worker is hit by a falling object, a swinging load, a moving vehicle, or flying debris. OSHA classifies these as one of the “Fatal Four” construction hazards, alongside falls, electrocutions, and caught-in/between accidents.
When a struck-by accident happens, workers may suffer:
- Traumatic brain injuries
- Spinal cord damage
- Broken bones and fractures
- Internal bleeding
- In the worst cases, fatal injuries
Between 2011 and 2015, the Center for Construction Research and Training reported 804 struck-by deaths in the construction industry, averaging 151–169 fatalities each year. Recent OSHA and CPWR reports confirm that struck-by hazards continue to be one of the leading causes of death in the construction industry today.
Causes and Risk Factors: Why Do Struck-By Accidents Happen at Work?
Struck-by accidents often result from a combination of unsafe conditions, inadequate safety measures, and human error. Common causes include:
- Falling objects such as tools, equipment, or building materials
- Moving vehicles, including trucks, loaders, and forklifts
- Swinging or rolling machinery such as cranes or backhoes
- Flying debris from cutting, grinding, or blasting
Risk increases when employers fail to provide protective equipment, site supervision, or training on hazards.
High-Risk Jobs for Struck-By Accidents
While any construction worker can be injured, data shows that certain occupations are at higher risk:
Excavating and loading machine operators
- Power line installers and repairers
- Highway maintenance workers
- Crane and heavy equipment operators
- General laborers on busy worksites
Symptoms and Complications: When Struck-By Injuries Become Life-Changing
Struck-by accidents can cause immediate injuries, but the complications often extend far beyond the initial impact. Workers may experience:
- Head trauma leading to cognitive or memory issues
- Severe back or neck pain from spinal injuries
- Loss of mobility due to broken bones or paralysis
- Chronic pain or nerve damage
- Psychological trauma, such as anxiety or PTSD, after a workplace accident
In fatal cases, families are left struggling not only with grief but also with financial uncertainty, making workers’ compensation death benefits critical.
Diagnosing Struck-By Injuries: What to Expect
When a worker is injured in a struck-by accident, diagnosis may require:
- X-rays to detect fractures or internal damage
- MRI or CT scans for head, neck, and spinal injuries
- Neurological evaluations if brain or nerve trauma is suspected
- Occupational health assessments to determine the ability to return to work
Treatment Options for Struck-By Injuries
Non-Surgical Treatments
Many struck-by injuries may be treated through:
- Emergency medical care and hospitalization
- Physical therapy and rehabilitation
- Pain management, including medication or injections
- Psychological counseling for trauma recovery
Surgical Treatments
When injuries are severe, surgical care may be necessary:
- Orthopedic surgery for broken bones
- Neurosurgery for head or spinal trauma
- Reconstructive surgery for catastrophic injuries
Long-term disability or permanent impairment is common in severe struck-by cases, requiring ongoing care.
Long-Term Management: Living After a Struck-By Accident
Even after initial treatment, a struck-by accident can permanently change a worker’s life. Many faces:
- Chronic pain and reduced mobility
- Permanent disability or restrictions on lifting and physical work
- Loss of wages and earning potential
- Emotional stress affects family life and well-being
Vocational rehabilitation, disability accommodations, and legal support may be necessary to rebuild stability.
Preventing Struck-By Accidents at Work: OSHA and Cal/OSHA Standards
Prevention is critical. Employers are required to comply with OSHA and Cal/OSHA safety standards, which include:
- Training workers on struck-by hazards
- Providing protective equipment such as hard hats and reflective vests
- Using barricades, spotters, and signage near moving vehicles or equipment
- Performing regular site inspections and safety audits
- Implementing traffic control plans and load-securing procedures
When employers fail to follow these measures, workers face unnecessary and preventable risks.
Legal Rights: Workers’ Compensation Benefits for Struck-By Accidents
If you are injured in a struck-by accident while working in California, you may be entitled to workers’ compensation benefits, including:
- Medical treatment and rehabilitation expenses
- Temporary disability payments while unable to work
- Permanent disability benefits for lasting injuries
- Death benefits for surviving dependents, including burial expenses and partial wage replacement
- Supplemental job displacement benefits if you cannot return to your prior work
California law has strict timelines and procedures for workers’ compensation claims, making prompt action essential.
The Role of a Workers’ Compensation Attorney
Even though workers’ compensation is designed to protect workers, many claims are denied, delayed, or underpaid. Challenges may include disputes over whether the injury was job-related, denial of medical treatments, or limited death benefit payments to families.
An experienced attorney can:
- Guide you through the filing and appeals processes
- Ensure all medical and legal evidence supports your claim
- Protect your rights against employer or insurer pushback
- Advocate for maximum compensation, including death benefits
- Explore additional claims, such as third-party liability, if another company’s negligence caused the accident
Frequently Asked Questions (FAQs)
What should I do immediately after a struck-by accident?
Report the incident to your employer, seek medical treatment, and file a workers’ comp claim form (DWC-1 in California).
Can my family get compensation if I die in a struck-by accident?
Yes. Dependents may receive workers’ comp death benefits to help cover funeral costs and financial support.
What if my claim is denied?
You have the right to appeal through the California Division of Workers’ Compensation. An attorney can greatly improve your chances.
Are employers responsible for preventing struck-by accidents?
Yes. OSHA and Cal/OSHA require employers to maintain safe sites, provide training, and enforce hazard controls.
Do I need a lawyer to file a claim?
Not legally, but having an attorney ensures you get the full benefits you’re entitled to and helps avoid costly mistakes.
Take Action Now: Protect Your Health and Legal Rights
Struck-by accidents can leave workers and their families facing devastating injuries, financial stress, and long-term uncertainty. Getting the right treatment and securing workers’ compensation benefits is critical to recovery.
Contact Hussain & Gutierrez today for a free consultation. Our experienced attorneys will fight for your rights, guide you through the process, and ensure you receive the compensation you deserve.
