How Often Are Workers Injured by Falling Objects?
Whether working on a small construction project or a multi-story site, falling objects seriously threaten workers. However, tools and equipment do not fall independently, as someone is usually at fault.
Accidents caused by falling objects happen far too often for them to be random occurrences. Studies show workers are injured by falling objects almost every 10 minutes, every day. While there are countless regulations concerning safety, training, and use of materials to prevent objects from striking workers, not everyone follows them. General contractors have a duty to ensure that the materials are appropriate for the work and devise plans to keep objects from falling. If safety supervisors and managers do not enforce the regulations or not fall safety plan is in place, those responsible can be held liable for their violations.
Call the Law Office of John J. Sheehan at (617) 925-6407 for a free case review with our Massachusetts construction accident lawyers.
How Often Do Falling Objects Injure Workers?
One of the greatest dangers on just about every construction site is one that cannot be escaped: gravity. Falling objects account for a significant percentage of worker injuries and fatalities in the workplace and happen extremely often. The Bureau of Labor Statistics reports that the Occupational Safety and Health Administration, OSHA, records over 42,400 accidents caused by falling objects each year. To put it in terms of how often that is, if you divide the annual accident for each day of the year, that is 116 falling object incidents a day, with one happening about every ten minutes.
An object also need not be heavy to cause serious or deadly injuries when it strikes. An object as light as one pound, like a tape measurer, can cause serious head injuries from falls of just six feet. That might not sound like much, but recall high school physics for just a moment. The force of the impact depends on the mass (weight for the purposes of our conversation) of the falling object and its acceleration. The further the height the object falls from, the more it will accelerate, producing a greater and greater force until striking someone below. A single nail might be incredibly light, but falling from a high-rise construction project, it can act like a bullet firing at the ground.
Now consider a falling object weighing ten or more pounds. A fall from six feet or even less can easily cause paralysis, even death. Considering that the average weight of a can of paint is about 10 pounds and a typical electric generator is around 80 pounds, it is easy to see why these accidents can be so catastrophic.
Who Do I Hold Liable if a Falling Object Injures Me at Work?
While numerous safety measures are employed to combat this problem, fatal accidents due to contact with objects rose 4.7% between 2021 and 2022, from 705 fatalities to 738, according to the current report of the Bureau of Labor Statistics. This implies that those responsible for protecting workers do not take safety seriously enough when it comes to falling objects. If a falling object injured you, our construction accident lawyers in Massachusetts can help determine who to hold accountable. Since several parties are typically responsible for a site’s safety, more than one might be liable for your damages.
Construction Superintendents
While the property owner might be responsible, the safety of a construction site usually rests with the construction superintendent. In most cases, this is the general contractor managing the project. Part of their duties is to have a fall protection plan specific to the work and site. If they did not develop or enforce a plan, it can be used against them in a legal claim.
They must also ensure the site has protections installed to stop falling objects, such as guardrails, canopies, and barricades, according to 29 C.F.R. § 1926.501(c). Workers should have hard hats rated for the job and wear them at all times. The proper tethering tools, lanyards, and connection points should be used on every pulley system. If the superintendent does not supply the materials appropriate for the job, they can be held liable for violating § 1926.28(a).
They are also responsible for training workers who might be exposed to falling objects under § 1926.503(a). Further, the training must be certified in a written record, as per § 1926.503(b)(1). If there is no evidence this occurred, the superintendent should pay for it.
Safety Managers and Supervisors
Perhaps the general contractor did have the proper safety plan in place, but the safety managers and supervisors on the job did not implement or enforce it. It is usually their duty to conduct routine audits to ensure that equipment to catch falling objects is functional or needs to be replaced, ensure hard hat compliance, and enforce countless other safety regulations. If safety managers and supervisors were properly trained but neglected their duties, they might be individually liable. However, if we find evidence that the superintendent did not train or certify them, we will file your claim against both parties.
Other Workers
Another major cause of these types of accidents is other workers not taking the time to secure objects before moving or handing them off. Modern construction equipment includes tethering materials that workers should be using at all times. Small objects like hammers and drills can be tethered directly to the worker’s tool belt to prevent falling, while larger objects should be anchored to fixed structures. If another worker does not bother to tie off an object before handing it over and it falls, they should be held liable. If this were a common practice, the parties mentioned above would also likely share responsibility. The more defendants you can add to your claim, the better your chances of covering your damages.
Call Our Construction Accident Lawyers in Massachusetts Today for Help
For a free case evaluation with our Boston construction accident attorneys, call the Law Office of John J. Sheehan today at (617) 925-6407.