Chicago Trench Collapse Lawyer

Trenching and excavation accidents usually result in severe injuries and fatalities. Between 2011 and 2018, 166 people died in trench collapses, or an average of 21 each year [1]. Despite growing awareness of the dangers of trench collapse and clear safety regulations, most of these deaths happened in the construction industry.

If you’ve been in an excavation accident or lost a loved one because of unsafe excavation work, you deserve fair compensation. Rosenfeld Injury Lawyers will introduce you to all the steps you can take to seek justice.

Understanding Trench Collapse Accidents

Trench and excavation accidents happen when trench walls collapse and excavated soil traps workers. In this case, the sides of the trench cave in, causing soil or other materials to flow into the trench and potentially burying anything or anyone inside.

Only one cubic yard of soil can weigh over 3,000 pounds [2], and depending on the trench’s dimensions, it can bury a person up to 3 feet deep. So, even a minor collapse is enough to cause serious injuries or fatalities.

Sometimes, trench collapses on construction sites cause other hazards to workers, such as chemical exposure and burns. This collapse is why the Occupational Safety and Health Administration (OSHA) recommends proper safety measures, primarily sloping, shearing, and shielding.

Causes of Trench Collapses

A trenching or excavation accident is usually caused by a combination of factors, such as weather conditions and not following safety regulations. These dangerous accidents are typically caused by the following:

• Inadequate Protective Systems – Failure to install safety measures such as shoring, sloping, benching, or a trench box is a common cause of accidents.
• Inadequate Soil Analysis – OSHA requirements state a specific protective system for each soil type. These regulations consider moisture levels, composition, and environmental conditions.
• Lack of Regular Inspections – Before workers can begin trench work at construction sites, a competent person must inspect the trench for changing conditions or hazards.
• Vibration and Surcharge Loads – Nearby equipment, traffic, or stored materials can destabilize the soil and cause excavation accidents.
• Weather Conditions – Rain, snow, freezing temperatures, and even droughts can cause unstable soil to move.

Injuries Sustained in Trench Collapses

Trenching and excavation accidents often lead to death and disability. The most common injuries our law firm has seen include the following:

• Crushing Injuries – The weight of collapsing soil can cause severe trauma, such as spinal cord injuries, nerve damage, and broken bones.
• Suffocation – Lack of oxygen can lead to brain damage or death. In some cases, broken pipes leak water or gas, causing asphyxiation or drowning.
• Amputations – The dirt can crush limbs or restrict circulation, causing severe injuries or subsequent complications that require amputations.
• Traumatic Brain Injuries – Falling debris or impact can result in severe head trauma.
• Internal Injuries – Crushing, compression, and impact often cause internal organ damage.

Victims’ Legal Rights Following Trench Collapses

People and families of those who perished in trench collapse accidents have several legal routes, such as workers’ compensation or a personal injury lawsuit, depending on their state’s laws.

Workers’ Compensation

Workers who have suffered injuries are usually eligible for compensation even if they are partially at fault. However, as laws governing workers’ comp differ by state, your trench collapse lawyer has to be highly experienced and have a proven track record in such cases.

Workers’ compensation benefits typically cover medical care costs, lost wages, permanent disability payments, and death benefits such as funeral and memorial expenses. However, you cannot receive compensation for pain and suffering.

Unfortunately, workers are sometimes not eligible for benefits, or the benefits don’t cover all their expenses. Sometimes, the responsible party isn’t held liable for damages. In such cases, workers or their families choose to file a personal injury claim or lawsuit.

Third-Party Liability Claims

Injuries and deaths at excavation sites can be prevented, and your employer and other responsible parties are legally obligated to ensure safety. When they fail to protect workers, they must be held accountable.

Depending on the circumstances of the case, negligent parties can include the following:

• Property owners
• General contractors
• Excavators
• Engineers
• Equipment manufacturers

Depending on who the negligent party is, you can pursue compensation based on these theories of liability:

• Negligence
• Premises liability
• Product liability

Families of workers who perished in construction accidents can also file wrongful death claims.

In third-party liability cases, injured workers and their families seek the following damages from the defendant’s insurance company:

• Medical bills
• Past and future lost income
• Pain and suffering
• Emotional distress
• Loss of consortium

Taking Legal Action After a Trench Collapse

The consequences of a trench collapse accident can be severe. Take immediate steps to ensure everyone’s safety and protect your rights.

Get Medical Attention

Serious injuries are common in trenching and excavation work, so your first step should be to contact emergency services and seek medical attention or rescue. Document your injuries and all medical expenses, as you’ll need the evidence during the legal process.

Report the Accident

After you’re safe, report the excavation accident to your supervisor or other relevant authority at the construction site. Creating an official record of the accident is crucial — include details about the accident, the injuries sustained, and any OSHA violations.

Collect Evidence

The next step includes collecting evidence to build a strong case. Take videos and photographs of the trench site, collect witness information and statements, and document any safety violations.

Contact an Attorney

A seasoned trench collapse lawyer can guide you through the legal process, help you understand your rights, and receive fair compensation. They will also help you collect evidence and start building your case immediately.

Compensation for Injured Construction Workers

Various types of compensation are recoverable after an excavation accident, including economic, non-economic, and punitive damages.

Economic damages are easily measurable, and they include:

• Medical Expenses – Past and future medical bills, physical therapy, and medical devices.
• Property Damage – Any damage to your equipment, such as your cell phone.
• Lost Income – Lost past and future income.
• Funeral Expenses – In case of death, the at-fault party must cover funeral expenses.

Non-economic damages are more difficult to quantify, and they include:

• Pain and Suffering – This includes pain, disability, disfigurement, and loss of enjoyment that the injured party suffered because of the excavation accident.
• Loss of Consortium – This refers to losing the benefits of a relationship with the critically injured or deceased person, including affection, support, and companionship.
• Emotional Distress – This can include feelings of anxiety, depression, fear, and grief.

Punitive damages are not as common. They are reserved for cases where the at-fault party caused the accident due to extreme recklessness or outrageous behavior.

Contact an Experienced Trench Collapse Lawyer Today!

Rosenfeld Injury Lawyers is a reputable firm that is deeply familiar with construction law and safety standards related to trenching and excavation work. Our experienced construction accident lawyers have secured over $450 million in settlements and work on a contingency fee basis.

Based in Chicago, our experienced lawyer team provides experienced legal counsel for trench collapse victims across Illinois and takes select cases nationwide. With a deep understanding of the complexities of trench collapse cases and resulting injuries, our Chicago personal injury law firm will examine the circumstances surrounding your case to make sure the responsible parties are held accountable.

Contact our Chicago construction site accident lawyers at (888) 424-5757 or online to schedule your free consultation today.

Specific Cases We Handle

• Aerial Lift Accident Lawyer
• Bucket Truck Accident Lawyer
• Concrete Burn Injury Lawsuit
• Construction Site Fall Lawyer
• Crane Accident Lawyer

Resources: [1] US Department of Labor, [2] US Department of Labor

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.