Kaufman & Stigger, PLLC can guide you through the claims process when you’re injured by falling objects at a construction site in Louisville. It’s something every construction worker has to deal with, but that doesn’t mean your injuries were unavoidable or shouldn’t have happened in the first place. Even still, you have options when you’re hurt by something falling on you. Set up a free consultation to explore those options today.
Does It Make Sense to Get a Lawyer?
When you work in construction day in and day out, you’re already pretty aware of the dangers and risks. That includes things going on above you. There’s all kinds of tools, materials, and people working on scaffolding, upper floors, and other elevated platforms throughout Louisville sites.
But again, it’s different when something falls on you and you get hurt. At that point, you probably aren’t necessarily thinking about filing for workers’ comp or something further. Pretty quickly, though, you’ll start to realize how important and helpful that can be. And that’s when it makes sense to go to our team for guidance. We can:
- Figure out what caused the accident and who might be responsible
- Get information and evidence that helps tell your side of the story
- Deal with your employer and their workers’ comp carrier
- Make sure your injuries and losses aren’t minimized
Even when it seems like what happened was an accident, it doesn’t change your options or what you’re left with. That doesn’t make the aftermath or the process any easier, but our team can.
What Causes Falling Object Accidents on Construction Sites?
When you’re injured by a falling object on a construction site, you don’t really have to guess at what happened. But it’s not necessarily a question of what happened, but why. That’s the core of any injury claim, and that’s no different here. When corners are cut or the people above you aren’t careful, you can get hurt by:
- Tools or materials left unsecured on scaffolding, platforms, or other elevated areas
- Materials falling from roofs, upper floors, or other parts of the jobsite
- Loads that aren’t properly secured while being moved by a crane or hoist
- Materials stacked or stored in a way that makes them likely to fall
- Scaffolding or other structures that aren’t properly maintained
- Missing guardrails, toe boards, or other safety measures that should keep things from falling
- Wind, rain, or other weather making materials unstable
- Workers who haven’t been properly trained to handle or secure materials
No matter how much your bosses or their workers’ comp carrier argues that being injured by falling objects was just bad luck, whatever happened above you was still out of your control. And the fact of the matter is that if things were done correctly, you probably wouldn’t be facing injuries. But a claim isn’t just about what happened to you, it’s about what information you have to show for it.
Information That Can Help After You’re Injured By Falling Objects
When something hits you on a construction site, your first thought probably isn’t going to be, “I need to start getting information.” You’re hurt, you’re shaken up, and you need medical attention. That’s why the first thing you should do is:
- Report the accident to someone in charge and get medical help.
Once you do that, it alerts your bosses that there’s been an accident and everything should stop while you’re taken care of. And then from there, it’s a good opportunity to try to get a few basics like:
- Pictures and videos of where the accident happened, the object that fell, the area around it, and any visible injuries.
- Names and contact information of any supervisors on the scene and any coworkers or witnesses that saw what happened.
- What you can remember about the object or equipment involved.
You may not be able to get any of this yourself, especially if you’re seriously injured. That’s okay. Don’t worry about taking pictures while you’re waiting for an ambulance or being taken to the hospital. There are other ways to investigate what happened. Then, as the days and weeks go by, there are other things worth keeping track of:
- Medical records and bills showing the treatment you’ve needed after the accident
- Your doctor’s work restrictions and instructions for your recovery
- Pay stubs or other records showing the income you’ve lost while you’re out of work
- Progress pictures of your injuries
- What the accident scene looks like now, after you’ve reported things
- Surveillance or other video that may have gotten footage the object falling or the accident itself
- Emails, texts, or other messages with your employer or workers’ comp about what happened
- Notes about your appointments, pain, recovery, and how the injury is affecting your everyday life
Remember, your main focus should be on your health first. Information is important, but it’s not worth trying to push through your injuries to get it. Our team can help fill in any gaps later, especially when it comes to things controlled by the company. And then, once you have all the pieces, we’ll work on putting them together.
What Kind of Claim Can I File After Being Hit by a Falling Object?
This is probably the biggest question you have after you’re hurt by a falling object. Even if you know you have options for getting financial help, you have to go through some sort of claims process to get them. And for these kinds of accidents, you usually have two main options:
- Workers’ compensation. In Kentucky, every employer has to carry workers’ comp insurance. And while there are limits, being injured on the job makes you eligible for benefits like:
- Medical care for your injuries
- Temporary disability payments if you can’t work
- Permanent disability benefits if your injuries leave lasting problems
- Help with job training if you can’t go back to the same type of work
The good thing about workers’ comp is that you generally don’t have to prove your employer or anybody else was negligent. You simply fill out a claim form and start getting benefits. Still, it’s rarely that straightforward. Workers’ comp carriers are still insurance companies, so you might have to deal with all the usual tactics they use to prolong things. That becomes an issue when you’re dealing with injuries and missed paychecks, but you also have another option.
- Personal injury claim. Workers’ comp carriers are still insurance companies, so you might have to deal with all the usual tactics they use to prolong things. That becomes an issue when you’re dealing with injuries and missed paychecks, but you also might be able to file a personal injury claim.
But there’s an important distinction with this option: you have to show negligence caused your injuries. That means showing that someone did something—or didn’t do something—that led to the object falling and injuring you.
If you’re able to do that, you can get damages through:
- An insurance claim outside of court
- A personal injury lawsuit
Once that’s filed, your damages can include things like:
- Medical bills and future medical expenses
- Lost wages and future income you may miss out on
- Pain and suffering
- Emotional trauma
- The impact your injuries have on your everyday life
- Losses your family may face if the accident is fatal
The important thing is not to assume workers’ comp is your only option. Depending on what happened, you may have another claim against someone who contributed to your injuries. And there are deadlines involved with both types of claims. Kentucky generally gives workers two years to file a workers’ compensation claim, while personal injury claims usually have to be filed within one year of the accident. Either way, it’s better to understand those deadlines early rather than find out you waited too long.
Free Consultations For Construction Workers Injured By Falling Objects in Louisville
If you’ve been hurt by a falling object on a Louisville construction site, you may be dealing with a serious injury while also worrying about missed work, medical bills, and what happens next.
At Kaufman & Stigger, PLLC, we can help you understand your workers’ comp options, look into whether someone else might be responsible, and help you through everything along the way. Set up a free consultation today to get started.
