Collapsing trenches are quite a prominent issue in construction, with workers facing the potential of serious injuries, entrapment, and suffocation. These collapses can happen even in the safest conditions, but mistakes and lacking oversight often contribute. That leaves injured workers with questions of liability.
Liability for trench collapses often lies with the employer – the company or team responsible for the construction site as a whole. It is typically up to employers to make sure sites are safe for their workers, and the buck often stops with them. However, third-party defendants could be liable for things like defective safety gear. However, employers are still typically required to pay Workers’ Compensation to injured workers even if they were not actually responsible.
For help with your potential case, call our Massachusetts construction accident lawyers at the Law Office of John J. Sheehan at (617) 925-6407 today.
Employer Liability for Trench Collapses on Construction Sites
Employers or the companies operating construction sites are often responsible for making sure that trenches and other dig sites are safe, putting much of the responsibility for accidents on the employer.
OSHA requires sites to have a “competent person” who is capable of classifying and inspecting soil types and recommending the proper cave-in prevention. They then have to actually use the proper safety techniques like sloping or benching the sides, shoring up the sides, or installing shielding (whichever is appropriate for the depth, width, and soil type).
Failing to train workers on trenching/excavation, failing to have the right kind of workers oversee these projects, and actually carrying out the safety rules incorrectly can all put the blame for a collapse or cave-in on the employer.
However, our Boston construction accident lawyers might be able to hold other parties liable in some situations.
Third Parties Responsible for Trench Collapses and Cave-Ins
Sometimes parties other than your direct employer will be responsible for a trench collapse:
Other Contractors/Construction Firms
One situation is where a different employer or contractor was the one responsible for the trench, and you were merely working in it for a limited purpose. In this situation, it might not be your employer, but a different firm or contractor, that caused the collapse.
Product Manufacturers
Trench shielding and shoring products are often produced as specialized gear for worker safety. When these products are designed or manufactured with flaws, the companies that manufacture them could be liable for collapses.
The same is true for negligent manufacturers of any other safety gear you need: they could be liable if defects cause your injury.
Other Workers
Many collapses happen while initially digging or while removing the supports and shoring. This could make a specific coworker or contractor responsible for the accident, but it can be hard to hold a coworker responsible in court.
“Pranksters” and Other Tampering
If anyone outside the site tampers with a construction site, even if they didn’t mean to hurt anyone, they could be liable for the resulting accident.
Can a Worker Be Responsible for Their Own Excavation Cave-In Accident?
An unfortunately common issue is that you might have been the one to actually cause the accident that injured you. Maybe your employer shares some fault because they failed to properly train you, but if you were the one who removed a support at the wrong time or failed to properly check the angle of sloping, it might be that you were responsible for the accident.
Fortunately, this might not actually affect your case for compensation.
Why Does Liability Matter for Construction Trench Accidents?
“Liability” means legal responsibility. That means that they were not only “responsible” for the accident happening, but that they were also legally responsible and can be ordered to pay for the victims’ damages.
Because most construction trench collapses are work-related accidents, questions of “liability” are a bit more complex.
Workers’ Compensation
Usually, employees cannot sue their employers under Massachusetts’ Workers’ Compensation laws. This means the employer would not be “liable” in that sense. Nonetheless, the employer is required to pay for the injuries anyway through Workers’ Compensation, making them liable for certain payments.
In effect, this means that liability does not always matter when it comes to getting lost wages and medical coverage for your injuries. Your employer has to pay those regardless of whether they caused the accident, you caused the accident, a third party caused the accident, or an unavoidable “freak accident” happened.
However, there are other damages you can get through a lawsuit, where liability is the core question.
Independent Contractors
Independent contractors do not have this same limit and can sue their “employers” for accidents. In those cases, liability matters more. You will need to prove what the site operators did wrong to injure you before you can hold them responsible.
Third-Party Liability
Employees can still file lawsuits, just not against their employers. This means that if a third party was responsible for the accident – like the manufacturer of defective trench shielding – then you can sue them.
A lawsuit can pay for pain and suffering and other damages that Workers’ Compensation doesn’t cover, so liability is still important.
Another important factor is that your coworkers are sort of an extension of your employer. This might make suing them difficult – and even if you can sue them, they might not be able to afford your damages anyway.
Determining Liability in a Trench Collapse Case
While there are many hypothetical parties we can hold responsible, the facts of your specific case will determine what you can actually do in reality. Often, fault is actually split among multiple parties or people.
In some cases, the facts do not bear out that a third party contributed to the accident. That might leave you with no choice but to file for Workers’ Compensation. This is especially common when you, your employer, or a coworker was 100% at fault.
If a third party was totally liable, then you can file a Workers’ Compensation claim for faster damages, then worry about getting the rest of your damages through a lawsuit. Some of the damages may need to be paid back to the Workers’ Compensation insurance carrier, so you don’t get paid twice for things like medical expenses.
Lastly, an employer and a third party might share liability. You still cannot sue for the employer’s share of damages, but you can get the third-party defendant’s share of pain and suffering and other unpaid damages.
Call Our Construction Accident Attorneys in Massachusetts Today
If you were hurt in a trench or excavation collapse, call our Norwood, MA construction accident lawyers today at the Law Office of John J. Sheehan at (617) 925-6407.