Do I Need a Lawyer After a Trench Collapse in Boston?

Construction sites can be hazardous. Workers can get injured or killed by falling into trenches, getting hit by falling materials, or getting buried underneath soil when a trench wall caves in. Accidents can occur for numerous reasons, including the negligence of employers, subcontractors, property owners, and others. 

Having an experienced attorney by your side after a trench collapse in Boston can be crucial if you suffer severe injuries. Our motivated injury attorneys can help determine who is responsible for the accident and hold them accountable. Filing a lawsuit can be critical if your workers’ compensation benefits fall short in covering all your expenses and lost wages, or you cannot claim workers’ compensation. Contact us today at (877) 607-1071 or fill in our online form to schedule a free consultation.

Reasons for Trench Collapses

Trench work is a necessary part of most construction projects. Often, trenches are dug for service cables and pipes. However, construction trenches can be uncomfortable and dangerous work environments. An unexpectedly collapsing trench can lead to terrible consequences, causing injuries and wrongful deaths. 

According to the Occupational Safety and Health Administration (OSHA), trenching involves considerable hazards to all workers involved. According to OSHA, cave-ins pose the greatest risk and are more likely than other construction accidents to result in fatalities. Trenches can collapse for various reasons, but most involve an incorrectly constructed trench. Other causes of trench collapses and worker injuries can include: 

Unstable Soil

Digging a trench through unstable soil can dramatically increase the risk of a collapse. Before work on a trench begins, the responsible person should inspect the site and test the soil. Based on soil test results, employers should consider measures such as sloping or benching of the trench walls. Cave-ins due to unstable ground can bury workers alive and cause fatal or life-changing injuries. 

Disturbing Overhead or Underground Services

Excavation and trench work below service cables should be avoided, if possible. Damaging buried services such as electricity or gas cables can cause fires and explosions, potentially causing trench collapse and damage to nearby structures. Such accidents can cause serious burns and other injuries.

Undermining Nearby Structures

Trenches can undermine nearby structures, such as scaffold footings, buildings, or walls. Structures can collapse when undermined, potentially leading to the trench walls collapsing and objects falling on those working in the trench. 

Flooding

A prolonged rain event and flooding can compromise the stability of trench walls, causing them to cave in. Flooded conditions can also make working in the trench unsafe due to the potential for slipping or sinking into the rain-saturated ground. Rain or groundwater can also make it tricky for workers to get in and out of the trench.

Heavy Construction Equipment Nearby

Employers, supervisors, and contractors on construction sites must take care when using heavy equipment near a trench. Equipment or vehicles being operated nearby can potentially cause soil vibration, leading to trench collapses. 

Other Trench Accidents

Cave-ins are not the only cause of accidents and injuries in trenches. Other reasons for injuries can include:

• Falling objects from outside of the trench
• Hazardous fumes from petrol or diesel-engine equipment nearby
• Dangers from mobile construction equipment.

Almost all reasons for trench collapses and other accidents are avoidable with adequate risk assessments and by taking certain precautions. If an employer fails to ensure construction site safety, they could be responsible for workers’ injuries and damages. Injured workers usually need a lawyer to assess their case and help them move forward with a lawsuit. A personal injury attorney at Morgan & Morgan can determine whether you have a case against an employer or another liable party.

Employers Could Be Responsible 

Employers or construction site supervisors should inspect the worksite and trenches daily to ensure there are no dangers to workers. Employers have various tools available helping to prevent a trench cave-in, such as:

• Sloping the sides of the trench
• Supporting the sides of the trench 
• Using a trench box or shield to protect workers from cave-ins 
• Inspecting trenches regularly and halting work if necessary
• Inspecting trenches after an event such as heavy rain or a rockfall

Employers are responsible for providing a reasonably safe and healthy work environment. However, suing an employer can be tricky as workers are usually prevented from legal action due to workers’ compensation insurance. However, if your employer was grossly negligent or violated OSHA regulations, you could have a case. You could also file a lawsuit and seek compensation if a third party, such as another contractor, caused the trench collapse. An injury lawyer at Morgan & Morgan can assess your case and walk you through your potential legal options.

Common Injuries in Trench Collapses

Construction site accidents such as trench collapses can cause serious and debilitating injuries, including but not limited to:

• Burns
• Broken bones
• Lost limbs
• Head and brain injuries
• Exposure to toxic chemicals and fumes
• Paralysis
• Crush injuries

If you suffered significant or life-changing injuries due to a trench collapse in Boston, get in touch with us. The responsible party or their insurer should pay for your damages such as lost wages and medical bills. Our personal injury lawyers can help you learn about your rights and options for holding the responsible party accountable and recovering compensation. 

Your Next Best Steps After Getting Injured in a Trench Collapse

File a Workers’ Compensation Claim Immediately 

After getting hurt in a trench collapse, inform your employer right away and promptly file a workers’ comp claim. Injured construction workers typically qualify for certain benefits such as medical bills, lost wages, and more. However, workers’ compensation does not cover any pain and suffering you experienced due to your injury. It is also important to note that independent contractors generally do not qualify for workers’ comp payments. 

Determine the Liable Party  

Depending on who is responsible for your accident, you could be entitled to damages in addition to workers’ compensation benefits. For example, if a third party caused the trench collapse, you could potentially sue and receive compensation for pain and suffering, reduced life quality, and other damages. Third parties could be property owners, manufacturers of construction site machinery, subcontractors, and others. Since determining all liable parties in an accident can be challenging and may require professional accident investigators, consider hiring an attorney to help with your case. 

Find Out if You Could Sue an Employer

Workers’ compensation insurance pays benefits to injured workers and protects employers from lawsuits. Therefore, injured employees normally cannot sue an employer. However, there are some exceptions, including: 

• Your employer does not have workers’ comp coverage 
• Your employer negligently caused the trench collapse 

An attorney at Morgan & Morgan can help determine whether you could sue your employer.