Excavation is an integral part of most major construction projects. Excavators are very powerful pieces of machinery, and they allow contractors to complete their projects more quickly and efficiently. Excavators can also be very dangerous, however, and if they are not used safely, they can cause serious injuries to construction workers.
If you or someone close to you has been injured in an excavator accident on a construction site, you may be entitled to compensation. Excavator crashes and other types of excavation accidents are usually caused by some type of negligence, and it is very important for a thorough investigation of the incident to be conducted as soon as possible. Critical evidence has a tendency to disappear over time, so the sooner you get an experienced attorney involved, the better your chances of recovering maximum compensation.
In whatever part of the country your excavator injury happened, Bailey, Javins, and Carter L.C. is here to help. For more than 50 years, we have been standing up for injured workers, and we have a successful track record with even the most complex cases. To schedule a free consultation and case assessment with one of our attorneys, contact us today at (800) 497-0234 or (800) 296-6979.
Types of Excavation Accidents on Construction Sites
As we talked about earlier, excavators are massive pieces of machinery that must be operated very carefully. In particular, operators need to pay very close attention to their surroundings, so they do not strike power lines, damage property, and worst of all, injure or kill nearby individuals.
There are a number of different types of excavator accidents that happen on construction sites:
- Getting Struck by the Vehicle: When operators fail to pay attention to what is in front of them, there is a danger that they might run into or run over someone in their path. Excavators also have a significant number of large attachments that can cover a lot of ground quickly, and carelessness can lead to the machine swinging and hitting somebody nearby.
- Rollover Crashes: Excavation jobs are often performed on very rough terrain, and some of the ground that is being worked on can be very hazardous, especially when it has not been properly marked off ahead of time. These conditions increase the risk of the machine rolling over.
- Traffic Crashes: There are a lot of moving parts on a major construction site, and excavation operators who are not careful can sometimes crash into other vehicles and machines, risking injury to those nearby.
- Cave-Ins/Sinkholes: With some projects, excavators are used on very unstable ground. When this happens, there is an increased risk of the ground collapsing without warning. Accidents like these have been known to cause serious and sometimes fatal injuries to construction workers.
- Electrocutions: As mentioned above, excavator operators who are not carefully watching where they are run the risk of hitting a power line, which is a common cause of electrocutions.
- Limbs Caught in Machinery: With any large piece of machinery, there is always a risk that someone’s clothing and/or limbs can get caught inside of it, which can result in very serious and sometimes debilitating injuries.
- Lifting Mishaps: Construction workers often get hurt when they are struck by falling objects or debris from excavators.
Who is Responsible for An Excavation Accident?
OSHA has very strict safety standards and guidelines that need to be followed when excavators are used on a construction site. For example, operators must be properly trained to use them, trenches must be properly designed, shored, and approved for use by a professional engineer, and excavation areas must be inspected regularly, especially when conditions such as heavy rainfall occur.
When an excavator accident injures a construction worker, there is a good chance that they can recover damages over and above what might be available through workers’ compensation. This would be the case if someone other than their employer holds some responsibility for what happened. Some examples of outside parties that could be held liable for an excavation accident include:
- The excavation contractor or company.
- The engineer who signed off on a project under clearly unsafe conditions.
- The owner of the property on which the excavation project is being done.
- The designer and/or manufacturer of the excavation equipment if the accident occurred because of a product defect.
In some rare instances, it might also be possible to sue an employer if there is clear and convincing evidence that the injury occurred as a direct result of their deliberate actions. This would depend largely on the law of the state where the excavation accident occurred and other specific circumstances.
Contact Bailey, Javins, and Carter L.C. for Help with Your Excavation Injury Claim
If you or a loved one suffered any type of injury on a construction site, contact Bailey, Javins, and Carter L.C. for the strong legal guidance you need. To speak with a member of our legal team, call us today at (800) 497-0234 or (800) 296-6979 or message us online.