What Is a Construction Accident Case?

Struck by a falling object on a construction site in Georgia or South Carolina? Our attorneys pursue workers' compensation and third-party claims for injuries caused by falling tools, materials, and debris.

— Reviewed by Eric Roden, Founding Partner, CEO at Roden Law

Falling Object Injury Claims on Construction Sites

Struck-by incidents involving falling objects are one of OSHA’s “Fatal Four” — the four most common causes of construction worker fatalities. Tools, building materials, structural components, and debris falling from heights can strike workers with tremendous force, causing traumatic brain injuries, skull fractures, spinal cord injuries, and death. According to the Bureau of Labor Statistics, struck-by hazards account for a significant percentage of all construction fatalities and serious injuries each year.

At Roden Law, our falling object injury attorneys represent construction workers and bystanders who are struck by falling items on or near construction sites throughout Georgia and South Carolina. We pursue workers’ compensation benefits and third-party negligence claims to ensure victims receive full compensation.

Common Falling Object Hazards on Construction Sites

Falling object injuries on construction sites result from a variety of preventable hazards:

  • Unsecured tools and equipment: Hand tools, power tools, and small equipment dropped from scaffolds, ladders, and elevated platforms
  • Building materials: Lumber, steel beams, concrete blocks, and roofing materials falling during lifting and placement
  • Crane load drops: Crane rigging failures, improper load securement, and overloading causing loads to drop
  • Demolition debris: Uncontrolled falling of structural elements during demolition work
  • Overhead work: Materials and debris falling from roofing operations and upper floors
  • Stacked materials: Improperly stacked lumber, pipe, or materials toppling over

OSHA Standards for Falling Object Protection

OSHA’s construction standards require comprehensive protections against falling objects:

  • Hard hat requirements (29 CFR 1926.100): All workers exposed to falling object hazards must wear approved hard hats
  • Toe boards on scaffolds (29 CFR 1926.451): Scaffolds must have toeboards on all open sides to prevent tools and materials from falling
  • Overhead protection (29 CFR 1926.451): Workers below scaffolds must be protected by debris nets, canopies, or barricades
  • Tool lanyards and tethering: Tools used at heights should be tethered to prevent drops
  • Controlled access zones: Areas below overhead work must be barricaded to prevent pedestrian access
  • Proper material hoisting: Materials must be properly rigged and secured for lifting operations

Injuries from Falling Objects

The severity of falling object injuries depends on the weight of the object, the height from which it fell, and whether the victim was wearing protective equipment. Common injuries include traumatic brain injuries and concussions even through hard hats, skull fractures, cervical and spinal cord injuries, broken bones in the shoulders, arms, and hands, crush injuries, eye injuries and blindness, and fatal injuries from heavy objects falling from significant heights.

Pursuing a Falling Object Injury Claim

Liability for falling object injuries may rest with general contractors who failed to implement overhead protection measures, subcontractors performing overhead work without proper safeguards, crane operators and rigging crews responsible for load drops, equipment manufacturers whose defective products failed (slings, shackles, hoisting devices), and property owners who failed to protect the public from construction hazards. Georgia law (O.C.G.A. § 51-12-33) allows recovery if less than 50% at fault. South Carolina allows recovery if less than 51% at fault. Our attorneys investigate site conditions, OSHA citations, and contractor safety programs to identify all responsible parties. Contact Roden Law for a free consultation — no fee unless we win.

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What to Do After a Construction Accident

  1. Get medical attention and report the injury to your employer. Report it in writing and keep a copy. Workers' compensation notice deadlines are short and separate from anything else here.
  2. Know that serious incidents must be reported to OSHA. An employer must report a work-related fatality within 8 hours, and an in-patient hospitalization, amputation, or loss of an eye within 24 hours (29 CFR 1904.39). If that does not happen, the report can be made directly.
  3. Photograph the site before it changes. Scaffolding, ladders, guardrails, trench shoring, fall protection, and the equipment involved. Sites are corrected and rebuilt within hours of an injury.
  4. Write down every company on that site. General contractor, subcontractors, equipment owners, and delivery firms. This is the most valuable ten minutes you will spend — a claim against a company other than your employer can recover damages workers' compensation never pays.
  5. Get witness names and phone numbers, not just first names. Crews move between sites and subcontractors finish and leave. A first name and "he worked for the framing crew" is not enough to find someone later.
  6. Preserve the equipment involved. Ask in writing that the ladder, lift, saw, or harness be kept and not returned to service or to the rental company.
  7. Do not give a recorded statement to any insurer. Several carriers may contact you, and none of them work for you. Workers' compensation and a third-party claim can run in parallel — Roden Law offers free consultations.

Proving Your Falling Object Injury Case

To win a personal injury case involving a construction accident, your attorney must establish the four elements of negligence by a preponderance of the evidence.

01

Duty of Care

The other party owed you a legal duty to act in a manner that ensured your safety.

02

Breach of Duty

The other party breached that duty by failing to act as a reasonably prudent person would have.

03

Causation

The breach directly caused your injuries. We gather evidence proving that but for their negligence, you would not have been harmed.

04

Damages

You suffered actual, quantifiable damages — medical expenses, lost income, pain and suffering — as a direct result.

Compensation Available in Falling Object Injury Cases

Victims of a construction accident injuries in Georgia and South Carolina can pursue economic damages (quantifiable financial losses) and non-economic damages (quality-of-life impacts). There is no cap on compensatory damages in either state.

Economic Damages

  • Past and future medical expenses
  • Lost wages or income
  • Loss of earning capacity
  • Property damage and repair/replacement
  • Cost of rehabilitation and physical therapy
  • Assistive medical equipment
  • Cost of long-term or lifelong care

Non-Economic Damages

  • Pain and suffering
  • Mental and emotional distress
  • Loss of companionship (spouse/family)
  • Disability and disfigurement
  • Loss of enjoyment of life
  • Humiliation or loss of reputation

Non-economic damages can only be pursued through a personal injury lawsuit, not a standard insurance claim.

Statute of Limitations for Falling Object Injury Cases

The statute of limitations is the legal deadline for filing a personal injury lawsuit. In Georgia, you have 2 years from the date of injury (O.C.G.A. § 9-3-33). In South Carolina, you have 3 years (S.C. Code § 15-3-530). Missing this deadline permanently bars your claim.

🍑 Georgia Filing Deadline 2 Years O.C.G.A. § 9-3-33
🌙 South Carolina Filing Deadline 3 Years S.C. Code § 15-3-530

If you fail to file within the statute of limitations, your claim will be dismissed and you will permanently lose the right to pursue compensation.

What If I'm Partially At Fault?

🍑 Georgia — Modified Comparative Fault

You can recover if less than 50% at fault (O.C.G.A. § 51-12-33). Your award is reduced by your fault percentage.

🌙 South Carolina — Modified Comparative Fault

You can recover if less than 51% at fault. Your award is reduced by your fault percentage.

For example, if you filed a $100,000 lawsuit and a court finds you are 30% at fault, your award would be reduced to $70,000. Our attorneys work to minimize any fault assigned to you.

Free Case Review — No Fees Unless We Win Available 24/7 · Georgia & South Carolina
844-RESULTS

Roden Law Falling Object Injury Lawyers Results at a Glance

$300M+ Recovered for injured clients across Georgia and South Carolina
4.9 / 5.0 Average client rating across hundreds of verified Google reviews from our six offices
5,000+ Cases successfully handled since 2013
62 years Combined attorney experience across 5 office locations

Source: Roden Law firm records and verified Google Business Profile reviews, updated August 2026.

Recent Case Results

Settlement $27,000,000 $27,000,000 Settlement | Truck Accident
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Recovery $9,800,000 $9,800,000 Recovery | Premises Liability

Results shown are gross settlement/verdict amounts before fees and costs. Past results do not guarantee similar outcomes.

About the Author

Eric Roden, Founding Partner, CEO at Roden Law

Eric Roden

Founding Partner, CEO State Bar of Georgia Georgia Court of Appeals Supreme Court of Georgia

Frequently Asked Questions

Contact Our Falling Object Injury Lawyers Today

If you were injured and believe another party is at fault, contact us for a free, no-obligation review. We dedicate our skills and resources to recovering the maximum compensation you deserve — at no upfront cost.