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.
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.Â
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.
Legal Rights of Excavation Accident Victims
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.
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.
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!
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