Burlington Struck-By Object Injury Lawyer
A falling tool from a scaffold above. A load shift during a delivery. A coworker swinging lumber around a corner. The moment a struck-by object injury happens, it often happens without any warning at all, and the physical consequences can be severe: fractured bones, traumatic brain injuries, damaged spinal structures, or crush injuries to the hands and feet. Workers across Burlington and the surrounding region face these hazards in construction, warehousing, logging, manufacturing, and healthcare settings every single day. When that kind of impact puts you out of work, the question of how your medical bills get paid and how long you can afford to be off the job becomes urgent immediately. A Burlington struck-by object injury lawyer at Sluka Law PLC can help you pursue the workers’ compensation benefits you are owed under Vermont law.
Struck-by injuries are consistently among the most serious categories of workplace harm. Unlike overuse injuries that develop gradually, a struck-by event delivers force in an instant, and the damage can include injuries that are not fully apparent in the first hours after the incident. Soft tissue injuries, internal bleeding, and concussions sometimes look minor at first and become more serious over days. That gap between the initial assessment and the true picture of your injuries is one of the places where insurance adjusters push hardest to minimize your claim.
Sluka Law PLC represents injured workers throughout Vermont, including those hurt in and around Burlington’s construction corridors, the commercial districts along Shelburne Road, the distribution and logistics hubs near the airport, and the healthcare campuses that employ thousands of workers in Chittenden County. Attorney Justin Sluka brings a background representing both injured workers and insurance companies, which means he understands how adjusters evaluate claims and where they look for reasons to reduce or deny them.
How Struck-By Object Claims Actually Get Contested
When you report a struck-by injury, the workers’ compensation insurer assigns a claims adjuster whose job is to evaluate what the company owes. In theory, if you were hurt by an object during the course of your employment, the claim is covered. In practice, insurers look for angles to limit liability. They may argue the injury happened because you failed to use required safety equipment. They may send you to an independent medical examiner who returns a report suggesting your injuries are less serious than your treating physician says, or that some of your symptoms relate to a pre-existing condition rather than the workplace event.
The pre-existing condition argument is especially common in struck-by cases involving the spine, head, or neck, because imaging studies often reveal degenerative changes that were present before the injury. Vermont law does not bar a claim simply because a worker had a pre-existing condition. If the workplace incident aggravated or accelerated that condition, it is still compensable. But making that case requires the right medical documentation and, often, a physician who can articulate the distinction clearly. This is exactly the kind of evidentiary challenge that Justin Sluka has litigated in Vermont workers’ compensation proceedings.
Independent medical examinations are a standard tool in the insurer’s playbook. Under Vermont workers’ compensation law, your employer can require you to attend an exam with a doctor of their choosing, and the results of that exam can be used to contest your claim or cut off your benefits. You have the right to have your own physician present, and you can record the examination. Knowing those rights in advance, and exercising them, matters. Sluka Law helps clients navigate IME requests before the appointment happens, not after the damage is done.
Types of Struck-By Injuries and Where They Occur in Burlington
- Falling object injuries from elevated work: Tools, materials, and structural components dropped or dislodged from heights are a leading cause of serious head and shoulder injuries on Burlington-area construction sites, including projects along the Church Street marketplace corridor, the North End, and the waterfront development areas near Lake Champlain.
- Swinging and flying object injuries: Machinery that ejects material, power tools that throw debris, and equipment that rotates unexpectedly cause eye injuries, lacerations, and blunt trauma in manufacturing and fabrication environments throughout Chittenden County.
- Vehicle and equipment strikes: Forklifts, delivery trucks, and construction equipment operating in loading docks and warehouse settings can strike workers who are on foot. Burlington’s warehouse districts and the commercial freight areas near the interstate see these incidents regularly.
- Logging and forestry object strikes: Vermont’s timber industry generates significant workers’ compensation claims involving struck-by events, including limbs snapping back, logs rolling during loading, and chainsaw kickback injuries. Sluka Law specifically represents loggers and forestry workers statewide.
- Healthcare setting struck-by incidents: Medical equipment, supply carts, and falling patient care items injure nurses, resident assistants, and licensed nursing assistants in Vermont’s healthcare facilities. Sluka Law has specific experience representing healthcare workers, including those at Burlington-area hospitals and residential care facilities.
- Highway and road work strikes: Workers maintaining Vermont’s roads, including crews on I-89, Route 2, Route 7, and other Chittenden County roads, face risks from passing vehicles, equipment, and displaced materials. Struck-by incidents in highway work zones can involve third-party vehicle operators as well as workers’ compensation claims.
What to Do After a Struck-By Injury at a Burlington Worksite
The steps you take in the first days after a struck-by injury have real consequences for your claim. Report the injury to your employer as soon as you are able. Vermont workers’ compensation law requires that you notify your employer of a workplace injury, and delays in reporting can give an insurer grounds to question whether the injury actually occurred at work. Your notification does not need to be formal or in writing initially, but following up with something written creates a record.
Seek medical attention promptly, and be thorough and specific when you describe how you were injured and what symptoms you are experiencing. The initial medical records from your treatment carry enormous weight in a workers’ compensation claim. If those records do not accurately reflect the mechanism of injury, the location of pain, or the severity of symptoms, correcting that record later is difficult. Your employer may direct you to a specific physician for your first visit. Vermont law permits this initial designation, but after that first visit, you have the right to choose your own treating physician by providing written notice and identifying the doctor you want to see.
Document everything you can. If you are able to take photographs of the scene or of the object that struck you before anything is moved or cleaned up, do so. Get the names of witnesses. If there is an incident report filed by your employer, ask for a copy. Workers in Burlington and throughout Vermont who are seriously injured should be aware that the Vermont Department of Labor oversees the workers’ compensation system and that formal proceedings, including hearings before the Commissioner, are handled through that office if disputes arise.
One mistake that harms claims repeatedly is accepting an early return-to-work assignment before you have been fully evaluated. Insurers sometimes push for modified duty or light work quickly, and returning to work in a diminished capacity can complicate your claim if your condition later worsens. Before you agree to any return-to-work arrangement, understanding what your medical provider actually cleared you for, and what the job actually requires, matters. An attorney can review a return-to-work offer before you accept it.
Vermont’s workers’ compensation system has specific filing deadlines. A claim must be filed within a defined period from the date of injury or from the date you knew or should have known the injury was work-related. Do not assume the passage of time does not matter. Contact Sluka Law for a free consultation before those deadlines close off your options.
When a Third Party May Also Be Liable
Workers’ compensation is generally the exclusive remedy against your employer when you are injured at work. But a struck-by injury does not always involve only your employer’s conduct. If the object that struck you was manufactured defectively, if a contractor on a multi-employer jobsite created the hazard, or if a negligent driver struck you during a highway work assignment, you may have a claim against that third party in addition to a workers’ compensation claim.
Third-party claims follow a different legal path than workers’ compensation. They can include damages not available under workers’ comp, such as full lost wages rather than the two-thirds wage replacement provided by the system, compensation for pain and suffering, and other losses. Burlington struck-by injury cases involving third parties are not unusual in construction and road work contexts, where multiple employers, subcontractors, and equipment vendors all share the same worksite.
Justin Sluka’s background includes representing both sides of workers’ compensation disputes, which means he understands the interplay between a workers’ comp claim and a potential third-party civil action. Both tracks can proceed simultaneously in some circumstances, though coordination between them matters for how any recovery is structured. This is a nuanced area where early legal guidance pays off.
Questions About Burlington Struck-By Object Injury Claims
What benefits can I receive after a struck-by injury in Vermont?
Vermont workers’ compensation covers your medical treatment, paid directly to your healthcare providers. If you are unable to work because of the injury, you can receive temporary total disability benefits equal to two-thirds of your average weekly wages, subject to minimum and maximum amounts that are adjusted periodically. If your injury results in a permanent impairment, you may be entitled to additional permanent disability benefits. Vocational rehabilitation may also be available if you cannot return to your prior occupation.
Can I choose my own doctor after a struck-by injury?
Vermont law allows your employer to designate the initial treating physician. After that first visit, you have the right to select your own doctor by providing written notice of your dissatisfaction and identifying the new provider you want to treat you. Given how much weight treating physician opinions carry in workers’ compensation disputes, the choice of your ongoing medical provider matters significantly.
What if the insurance company says the injury was caused by my own failure to follow safety rules?
Vermont workers’ compensation excludes injuries caused by a worker’s willful intent to injure themselves or another person, by intoxication, or by failure to use a provided safety appliance. The burden of proving any of these exclusions falls on the employer, not the worker. If your employer or their insurer is claiming one of these exclusions applies to your claim, that is precisely the kind of dispute Sluka Law handles.
The independent medical examiner said my injuries are minor. Does that end my claim?
No. An IME report from a doctor selected and paid by the insurance company is one piece of evidence, not the final word. Your treating physician’s opinions carry weight as well, and if the two providers disagree, those conflicts are resolved through the workers’ compensation dispute resolution process. Justin Sluka has extensive experience challenging IME reports and presenting contrary medical evidence effectively.
My struck-by injury happened on a jobsite with multiple contractors. Who is responsible?
Vermont workers’ compensation rules provide coverage through your direct employer. But in multi-contractor jobsite situations, the general contractor’s exposure, as well as the potential liability of other subcontractors whose workers created the hazard, can open third-party civil claims. These situations require a careful analysis of who controlled the worksite, who created the hazardous condition, and what contractual relationships exist between the various entities on the project.
I returned to work at a lower-paying job because I cannot do my old duties. Am I still entitled to any benefits?
Yes. Vermont workers’ compensation provides for partial disability benefits when an injured worker can work but cannot earn as much as they did before the injury. These benefits are designed to partially compensate for the wage difference between your pre-injury earnings and what you can earn in a modified or lighter duty position.
What happens if the object that struck me was defectively made?
A product liability claim against the manufacturer, distributor, or seller of the defective equipment may be available in addition to your workers’ compensation claim. These third-party claims are handled separately from workers’ comp and can recover types of damages the workers’ compensation system does not provide. Identifying whether the equipment involved had known defects or was the subject of prior incidents or complaints is an important early step in evaluating this angle.
My employer pressured me not to file a workers’ compensation claim. What can I do?
Vermont law prohibits employers from retaliating against employees who file or pursue workers’ compensation claims. If you have experienced pressure, threats, demotion, termination, or other adverse action connected to your claim, that creates legal issues separate from and in addition to your underlying workers’ compensation matter. Document those communications as carefully as you can and discuss them with an attorney.
How long do I have to file a workers’ compensation claim in Vermont after a struck-by injury?
Vermont sets deadlines for filing workers’ compensation claims, and those deadlines begin running from the date of injury or from when you knew or reasonably should have known the injury was work-related. Missing these deadlines can forfeit your right to benefits entirely. If time has passed since your injury and you have not yet filed a formal claim, contacting Sluka Law promptly for a free consultation is the right move.
Does it matter that my struck-by injury happened at the end of a shift or during a brief break?
Vermont workers’ compensation covers injuries that arise out of and in the course of employment. The specific timing within a shift is generally not disqualifying if you were on the employer’s premises or engaged in work-related activity. However, insurers sometimes attempt to argue that injuries occurring during meal breaks, at the start or end of a shift, or during a transition between tasks fall outside coverage. These are contested factual situations where the specific circumstances matter, and where legal representation makes a real difference.
Serving Burlington and All of Chittenden County for Struck-By Injury Cases
Sluka Law PLC represents workers injured across Burlington and the surrounding communities throughout Vermont. In Chittenden County, that includes clients from South Burlington, Winooski, Colchester, Essex, Essex Junction, Shelburne, Williston, and Milton. Workers from the greater Burlington metro area employed in construction, healthcare, warehousing, and manufacturing all rely on the same Vermont workers’ compensation system and face the same insurance company dynamics when claims are filed.
Beyond Chittenden County, the firm serves workers throughout the state, including those in Barre, Montpelier, Stowe, Middlebury, St. Albans, Newport, St. Johnsbury, Rutland, Springfield, Hartford, Brattleboro, Bennington, Windsor, and communities across northern, central, and southern Vermont. Distance is not a barrier to representation, and the firm provides a free initial consultation so that workers anywhere in Vermont can explore their options without cost or commitment.
Talk to a Burlington Struck-By Object Injury Attorney Today
A serious workplace injury changes everything quickly. The workers’ compensation system is supposed to catch you, but it does not always work without someone in your corner who understands how claims get evaluated, disputed, and resolved. As a Burlington struck-by object injury attorney with nearly 20 years of experience across both sides of workers’ compensation law, Justin Sluka brings real insight to every claim he handles.
Sluka Law PLC offers a free, confidential consultation, and you do not pay unless there is a recovery in your case. If you were hurt by a falling, swinging, or flying object at a Burlington-area worksite, reach out to Sluka Law to discuss what happened and what your options look like.
