Chicago Excavation Accident Lawyer

Pursuing Maximum Compensation for Illinois Workers Hurt in Excavation Accidents

If you were injured on a Chicago construction project, the excavation accident lawyer team at Rosenfeld Injury Lawyers is here to help. We have recovered millions for workers across Illinois who suffered severe injuries in trench collapses, equipment malfunctions, and other accidents during excavation.

Excavation Accident Settlements & Verdicts Recovered by Our Chicago Personal Injury Law Firm

Our law firm has decades of experience representing victims of excavation accidents, securing significant settlements and verdicts against negligent parties throughout Chicago and across Illinois.

• $3,599,000 Settlement – While cleaning an excavation site in Chicago’s South Loop, laborer David was crushed by improperly secured equipment. He suffered multiple broken bones, spinal cord damage, and permanent disability.
• $1,670,000 Settlement – Carlos, a construction worker in a West Side development, was crushed while digging holes for concrete footings near underground utilities. The trench lacked proper shoring, leading to severe crush injuries and head trauma.

What Makes Us the Best Excavation Accident Attorneys in Chicago

Rosenfeld Injury Lawyers is consistently ranked among the top personal injury lawyers in Illinois and has earned recognition from Super Lawyers and the Million Dollar Advocates Forum for our results and client service. Our excavation accident attorneys have secured over $490 million for workers injured in trench collapses, equipment malfunctions, and other dangerous incidents.

Types of Excavation Accident Cases We Handle

Our top Chicago personal injury lawyers represent victims in a wide range of construction accidents. Common cases include trench collapses and cave-ins that trap or crush workers, and falls into unprotected excavation sites. 

We handle struck-by incidents involving heavy machinery or other materials, hazardous atmosphere exposure from toxic gases or oxygen-deficient spaces, and electrocution caused by contact with utilities. Flooding in excavation pits can also lead to life-threatening injuries or even death. 

Each case requires a detailed investigation to identify the liable party and pursue full compensation for medical expenses and lost wages.

What Are the Most Common Causes of Accidents on Excavation Job Sites?

On Chicago construction projects, excavation accidents often happen when protective systems like trench boxes or shoring are not used, leaving workers vulnerable to trench collapse. Inadequate soil testing and stability assessments can lead to unstable walls that give way without warning. 

Unsafe ingress or egress from trenches increases fall risks, while heavy equipment operated too close to the excavation edge can trigger cave-ins or falling debris. Unmarked underground utilities pose electrocution and explosion hazards. Our excavation accident attorneys investigate each incident to determine the responsible party and help victims pursue compensation for their injuries and other damages.

What Are the Most Common Injuries in Excavation Accidents?

Excavation accidents often cause significant injuries that require immediate medical attention and long-term care. Crush injuries from cave-ins can damage internal organs, break bones, and cause permanent disability. Traumatic brain injuries from falling materials may result in memory loss, impaired coordination, or emotional distress. 

Spinal cord injuries can lead to partial or complete paralysis. Hazardous atmospheres may cause suffocation or asphyxiation, while unmarked utilities can lead to electrocution and severe burns. In the most tragic cases, these incidents result in death, leaving families devastated and financially strained.

What Damages Can Excavation Injury Victims Recover in Illinois?

The compensation available to an injured victim depends on whether the case is pursued as a third-party claim or a workers’ compensation claim.

Economic Damages

Economic damages cover the measurable financial losses caused by the accident. They include medical bills, rehabilitation costs, lost wages, and reduced earning capacity. In third-party cases, they can also cover home modifications, transportation expenses for medical treatment, and other out-of-pocket costs.

Non-Economic Damages

Available only through third-party claims, non-economic damages address the impact that cannot be measured in dollars. They include pain and suffering, emotional distress, disfigurement, and loss of enjoyment of life.

Wrongful Death Damages

When an excavation accident leads to fatality, surviving family members may recover compensation for funeral and burial costs, loss of financial support, and loss of companionship. These may come through a wrongful death lawsuit or a workers’ comp death benefit claim, depending on the case.

What Is the Average Excavation Accident Payout?

According to Law.com’s VerdictSearch, excavation injury case payouts range from as low as $6,041 to as high as $27 million, with an average award of $3,211,251 and a median of $1.5 million.

Several factors influence payout amounts:

• Injury severity
• The ability of the injured worker to return to work
• Liability evidence
• Availability of a third-party lawsuit

Example Cases

$19.68 Million Settlement in Fatal Arc Flash Case

Juan Emilio Ramirez, a mechanic in his 30s, suffered fatal burns when an arc flash occurred during cable replacement work in an underground vault. His estate claimed the defendants failed to provide a safe workplace, noting that excavation work had damaged cables. Ramirez endured 53 days of painful treatment before his death, leaving three daughters. The case settled for $19,685,849.28, covering wrongful-death damages, lost earnings, pain and suffering, and loss of parental guidance, with a waiver of the workers’ comp lien.

$12.2 Million Verdict for Laborer Electrocuted During Excavation Work

A 39-year-old laborer, William Simmons, suffered severe electrical injuries while using a jackhammer in a ditch during an excavation project. The jackhammer struck a live 4,160-volt wire. He sustained permanent neurological damage, chronic pain, and required a spinal stimulator. The jury awarded Simmons and his wife $12,195,000 after apportioning liability between the owner, a subcontractor, and Simmons himself.

Why You Need a Chicago Excavation Accident Lawyer

Excavation injury cases often involve multiple contractors, subcontractors, and owners, each with their own insurance coverage and legal responsibilities. On Chicago job sites, OSHA regulations must be followed alongside city safety ordinances and, for infrastructure work, Illinois Department of Transportation (IDOT) requirements. 

Disputes can arise over which party failed to use protective systems, locate utilities, or comply with permit conditions. Large projects like CTA rail expansions, downtown high-rises, and IDOT roadway improvements often see overlapping safety oversight. A skilled Chicago excavation accident attorney can identify all liable parties and build a case to secure full compensation.

How Common Are Excavation Accidents in Chicago?

Since 2020, OSHA has documented twenty-three excavation accidents in Chicago alone, fifteen of which resulted in fatalities, reflecting the significant dangers faced by construction workers on excavation sites.

In 2022, OSHA conducted more than 300 trenching and excavation inspections across Illinois, four of them tied to fatal accidents involving cave-ins, suffocation from hazardous gases, or workers being pinned by machinery.

Where Do Excavation Accidents Occur Most Often in Chicago?

In Chicago, many excavation accidents occur during utility and foundation work in high-density areas such as the Loop, West Loop, and South Loop. Large-scale infrastructure projects, including the Red Line Extension, Jane Byrne Interchange reconstruction, and O’Hare International Airport expansion, present additional hazards for workers. 

IDOT highway expansion zones across Cook County also see frequent trench collapse and heavy equipment incidents. Outside the city, suburban commercial developments in Naperville, Schaumburg, and Joliet often involve deep excavation for parking structures and utility lines, creating risks of utility strikes and other dangerous conditions.

What Laws Govern Excavation Construction Accidents in Illinois?

The Workers’ Compensation Act (820 ILCS 305) provides benefits to injured employees, including medical expenses and partial wage replacement, regardless of fault. Applies to most job site injuries, including trench collapse, crush injuries, or electrocution during excavation projects. Limits damages to defined benefits unless a third-party personal injury claim is possible.

The Illinois Premises Liability Act (740 ILCS 130/) holds property owners responsible if unsafe site conditions cause injury, such as a fall into an unprotected trench or back injury from hazardous terrain. Applies when the victim was lawfully on the property and the owner failed to correct or warn about dangers.

Known as the “Call Before You Dig” law, the Illinois Underground Utility Facilities Damage Prevention Act (220 ILCS 50/) requires contractors to contact JULIE (Joint Utility Locating Information for Excavators) at 811 before starting excavation, trenching, or digging. JULIE then works with utility companies to mark underground lines for gas, electricity, water, sewer, and telecommunications.

Chicago Municipal Code §10-21-050 sets strict requirements for anyone performing excavation or demolition work within city limits. Contractors must secure proper permits, follow safety measures to protect workers and the public, and prevent damage to nearby structures, streets, and utilities.

OSHA Standards Applicable to Deep Trenches and Excavation Work

OSHA standards for excavation work require strict safety measures to protect workers.

29 CFR 1926.650 covers when excavation safety standards apply and defines key terms. 

29 CFR 1926.651 mandates locating underground utilities before digging, preventing employee exposure to falling materials, providing safe entry/exit for trenches at least four feet deep, supporting nearby structures, and controlling water accumulation. 

29 CFR 1926.652 mandates protective systems—sloping, benching, shoring, or shielding—for trenches five feet or deeper unless in stable rock. A competent person must inspect excavations daily and after hazard-increasing events.

How Long Do I Have to Take Legal Action in Illinois?

In Illinois, most personal injury claims must be filed within two years from the date of the accident (735 ILCS 5/13-202). Under 820 ILCS 305/6(d), workers in Illinois typically have three years from the date of injury, or two years from the last payment of workers’ compensation benefits—whichever is later—to file a claim.

Who Is Liable for Excavation Injuries in Chicago?

General contractors, subcontractors, or construction companies may be responsible if safety violations caused the accident. Excavation equipment manufacturers can be liable for equipment malfunctions, while utility companies may face claims for underground utility strikes. Property owners can also be held accountable under premises liability laws if unsafe conditions contributed to the injury.

Common Defenses in Chicago Excavation Cases

In Chicago excavation accident cases, defendants often argue that the injured worker ignored safety protocols, that a trench collapse or other incident was unforeseeable, or that extreme weather—an “Act of God”—was solely responsible. 

Our excavation accident attorneys counter these defenses by securing expert reports on soil stability, reviewing OSHA findings for documented violations, and analyzing safety logs to reveal lapses in safety systems. We obtain witness statements and project records to show that proper precautions could have prevented the accident. This evidence helps us hold the responsible party accountable and pursue maximum compensation for our clients.

How to Strengthen Your Excavation Accident Claim in Chicago

To strengthen your claim in Chicago, get medical attention right away to document your injuries.

Report the incident to your employer in writing and keep a copy for your records.

If possible, photograph the excavation site, trench conditions, and any missing protective systems.

Collect contact information from witnesses who saw the accident.

Finally, speak with our excavation accident attorneys before giving statements to insurers, contractors, or other parties who may try to limit your compensation.

How Our Chicago Excavation Accident Attorneys Can Help

Our Chicago excavation accident attorneys work quickly to protect your legal rights and build a strong case. We conduct site inspections and take detailed photographs of excavation conditions and safety equipment. Our team secures OSHA investigation results to document safety violations and hold negligent parties accountable. 

We handle every step of your workers’ compensation claim, including filing, gathering medical evidence, and appealing denials. If third-party defendants—such as equipment manufacturers, utility companies, or subcontractors—contributed to the accident, we pursue legal action to recover additional damages.

FAQs

How much does a Chicago excavation injury attorney cost?

Our excavation accident lawyers work on a contingency fee, meaning you pay nothing upfront and only owe fees if we recover compensation for you.

Can I sue if a subcontractor caused my excavation injury?

Yes. If a subcontractor’s negligence caused your injuries, you may file a third-party personal injury lawsuit in addition to a workers’ comp claim.

Book a Free Consultation

If you’ve been hurt in an excavation accident, Rosenfeld Injury Lawyers is here to protect your rights. From our Chicago office, we serve clients across Illinois, offering free consultations to victims and their families. Our team will review your case, explain your options, and outline the next steps toward recovering compensation. Call us at (888) 424–5757 or fill out our contact form.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.