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Excavation Accident Lawyer

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Legally Reviewed by:

Jonathan Rosenfeld

J.D

  • Over $450 Million worth of case results

  • Awarded The Best Lawyer in 2024 by U.S. News

  • Nationally Recognized in Legal Community

Excavation workplace accidents are unfortunately common on underprepared construction sites, causing concern for individual safety. According to The Center for Construction Research and Training, construction workers experienced 85% of fatal excavation accidents from 2011 to 2021. Likewise, from 2011 to 2022, 90% of all nonfatal excavation accidents involved workers [1]. 

If you or a loved one has been involved in an excavation accident, Rosenfeld Injury Lawyers is here to help. Our legal team has extensive experience handling cases involving unsafe site conditions, equipment failures, and employer negligence. We will work tirelessly to investigate your claim, determine liability, and fight for the compensation you deserve.

The Role of a Lawyer After an Excavation Accident

Having a lawyer working on your construction accident case can be a valuable tool in ensuring you receive the compensation you deserve. From investigating your initial claim, corroborating evidence, negotiating with insurance, and providing representation in court, accident lawyers are there to help victims with excavation accident cases.

$1,670,000

Excavation accident settlement for a worker who was crushed while digging a hole for concrete footings.

Types of Excavation Accidents on a Construction Site

At Rosenfeld Injury Lawyers, we handle a wide range of excavation accident cases on construction sites, where workers are exposed to numerous hazards. 

Trench Collapses

When the walls of an excavation site cave in, workers may end up buried and experience severe injuries such as traumatic brain injuries (TBIs) and spinal cord injuries.

Falls

Accidents from falling and falling objects like building materials happen very often, with nonfatal construction accidents such as falls, slips, and trips happening at an estimated rate of 31.5 per 10,000 full-time construction workers from 2021-2022 [2].

Equipment Malfunction

Equipment malfunctions at excavation sites can lead to serious injuries among workers, resulting in financial loss.

Fire and Explosions

Construction company accidents at excavation sites can occur due to improper zoning, potentially leading to gas leaks and incidents with underground utilities. These hazardous situations may involve flammable materials, posing risks of catastrophic injuries and increased medical expenses for affected workers.

Electrocution

Electrical failures caused by underground utilities or exposed wires can pose significant hazards to workers on excavation sites, potentially resulting in severe neurological injuries. The construction industry accounted for 44% of all workplace electrocutions in the United States [3].

Causes of Excavation Accidents

Lack of Protective Systems

Construction accidents leading to serious personal injury often happen without proper shoring, sloping, or benching installation. 

Overloading

Exceeding the load capacity of excavating equipment or trench boxes for an excavation project increases the risk of collapse or equipment failure, often leading to catastrophic injuries. 

Improper Equipment Operation

Insufficient training can lead to the misuse of special equipment such as excavators, backhoes, or other machinery, resulting in occupational safety hazards and accidents at construction companies. This lack of proper training may result in injuries that require compensation.

Excavation Near Structures

When conducting excavation work near preexisting structures in the construction industry, it is crucial to adhere to proper zoning regulations and implement adequate support systems and protective measures. Failing to do so could result in structural damage or trench collapse.

Poor Site Management

Ineffective supervision and management of excavation activities often fail to enforce crucial safety protocols and properly monitor work progress. This negligence heightens the likelihood of construction accidents, causing severe injuries and financial hardships.

Injuries Sustained in Excavation Accidents

Crushing Injuries

Trench collapses or being struck by heavy objects during trenching accidents at a construction excavation may lead to serious injuries, including muscular and neurological damage, as well as broken bones.

Suffocation and Asphyxiation

Suffocation or asphyxia may occur due to lack of oxygen or exposure to toxic gases, such as striking a gas pipeline or being overcome by fumes.

Burns

Electrocution or contact with hazardous materials during construction projects can lead to severe burns for injured workers.

Amputations

In emergencies, limbs caught in moving parts may require amputations to free a construction worker from a machine or hazardous moving parts. 

Head and Spinal Cord Injuries

Workers at a construction site hitting their heads during a construction accident can result in paralysis, brain damage, or even death.

When dealing with matters related to personal injury at a construction site, it’s essential victims understand their rights. 

Workers’ Compensation Benefits

Workers’ compensation is designed to cover medical expenses, rehabilitation costs, and a portion of lost wages while you recover from injuries sustained in an excavation accident.  

  • Hospital bills may be partially or fully covered in nearly all work-related accidents. This extends to expenses for surgeries, rehabilitation, and medication.
  • Compensation can be received for a portion of lost wages due to the physical inability to work.  This amount can vary by state.
  • Temporary or permanent disability, especially when combined with medical treatment and lost wages, may result in higher compensation.
  • Surviving family members of injured construction workers involved in excavation accidents may be eligible for workers’ compensation in absentia. Lawsuits for wrongful death are also possible.

Third-Party Liability Claims

In addition to workers’ compensation benefits, excavation accident victims may also have the legal right to pursue third-party liability claims. While workers’ compensation covers medical bills and a portion of lost wages, it does not account for pain and suffering or full wage recovery. 

If your excavation accident was caused by the negligence of a third party, such as a subcontractor, equipment manufacturer, or site owner, you may be entitled to seek additional compensation through a third-party liability claim.

Workers currently facing the consequences of excavation accidents can explore their legal options by pursuing the negligent property owner responsible for maintaining unsafe conditions on the excavation site. By filing claims against these liable parties, workers may be eligible to recover compensation for injuries sustained due to inadequate safety regulations. 

This legal process may cover various costs, such as medical bills, rehabilitation costs, and loss of wages. It is key to follow the Occupational Safety and Health Administration (OSHA) guidelines to the letter. If any OSHA violations are present, there are more than likely grounds for a case.

There is no excuse for negligence regarding general contractors, but sadly, proper safety protocols are often overlooked on construction sites for temporary expediency. In the event of serious personal injury, clients will have the right to explore their legal options to recover damages for injuries arising from unsafe working conditions involving heavy machinery and equipment. This includes addressing reimbursement of legal fees and any other legal processes.

Accident lawyers are here to help in cases where subcontractors contribute to trenching accidents. If a subcontractor is conducting business and safety regulations improperly or has inefficient safety training records, there is the potential for a lawsuit. A skilled legal team of personal injury attorneys can guide their clients, ensuring fair legal compensation from liable parties to cover the cost of financial losses.

When a personal injury accident on an excavation site involves defective or malfunctioning heavy equipment, workers may be eligible to file claims against equipment manufacturers. This allows the client to hold manufacturers directly accountable for producing faulty work equipment if it has directly contributed to injuries. By seeking maximum compensation for such damages, including medical bills and legal fees, clients will be able to recover financially while holding the responsible parties accountable.

Holding utility companies responsible for failing to mark underground lines properly is critical in excavation and trenching accidents if a section of powerlines is mismarked. Personal injury victims may be entitled to compensation through legal action, ensuring the responsible parties are held liable. This compensation may include covering legal expenses, lost wages, and similar costs incurred due to utility company negligence.

What to Do After an Excavation Accident Injury

Being in an excavation accident can be a harrowing experience. Afterward, there’s time spent in recovery and being unable to work, and in some instances, the employer may not be as cooperative in providing workers’ compensation. Before finding your local excavation accident lawyer to file a personal injury claim, however, let’s start with the basics. 

It is important to prioritize your health and safety at the construction site by seeking prompt medical treatment for any injuries suffered during the excavation accident. Documentation of your injuries and following up with the prescribed treatment plan are recommended to strengthen your case. 

As soon as possible, notify your employer or supervisor about the construction accident. This differs from reporting a work injury, but it is a protocol on a job site. If any injuries are sustained, they must be reported to your employer within 30 days following the construction accident.

Collect and carefully preserve any evidence related to the excavation accident injuries, such as photos of the construction site, any excavation equipment that may have been involved at the job site, and any visible injuries or medical documents. Keep a careful record of this and any witness statements and correspondence with your employer regarding the construction accident.

It’s best to consult with an experienced excavation accident lawyer about any construction accident in which you are injured and seeking compensation. A law firm with excavation accident lawyers is the best choice for this kind of specialized representation. Many excavation accident lawyers also offer a free consultation.

Statute of Limitations for Excavation Accident Claims

The statute of limitations for excavation accident claims varies by state, but it is important for victims to be aware of the legal deadlines that apply to their case. 

In most states, the statute of limitations for personal injury claims, including those involving third-party negligence in excavation accidents, ranges from two to four years from the date of the accident. 

For workers’ compensation claims, the reporting deadlines are often much shorter, typically requiring that the injury be reported to your employer within a few days to several weeks, depending on the state. 

Failing to meet these deadlines can result in losing your right to pursue compensation, making it critical to consult with a knowledgeable attorney on time.

Contact a Skilled Excavation Accident Lawyer Today!

Jonathan Rosenfeld, Chicago Personal Injury Lawyer

At Rosenfeld Injury Lawyers, we have a talented team of experienced excavation accident lawyers who take on excavation and trenching accidents on behalf of injured workers. With an outstanding record of successful cases and satisfied clients, our law firm has established itself as a trusted legal advocate nationwide. We offer comprehensive legal services for excavation and trench accidents and a free case evaluation.

Call today at 888-424-5757 for a free consultation, or visit their website here, and remember that there’s no fee unless you win! 

Resources:  [1] Center for Construction Research and Training; [2] U.S. Bureau of Labor Statistics; [3] National Fire Protection Association

Client Reviews

Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld.

– Michonne Proulx

Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own.

– Ethan Armstrong

Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld.

– Giulia

This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you.

– Daniel Kaim

Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother’s death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial.

– Lisa

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Rosenfeld Injury Lawyers
225 W Wacker Dr #1660
Chicago, IL 60606

Phone: (847) 835-8895
Toll Free: (888) 424-5757

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