Workers’ Compensation Issues Following a Trench Collapse in California

 Posted on October 21, 2024 in Workers' Compensation

Trenches are commonly found at construction sites, and when they collapse, it can lead to severe injury and sometimes death. The recent death of a construction worker following a trench collapse has highlighted how dangerous these can be. All workers in California are entitled to workers’ compensation when they are hurt in a workplace injury, and construction workers are no exception. However, companies that provide compensation have an interest in limiting the amount of money they pay out. If you are injured while doing your job, a seasoned Morgan Hill, CA workers’ compensation lawyer can review your case and advise you on how to seek maximum compensation.

What Happens When a Trench Collapses?

Construction workers can be crushed under heavy weight or buried under dirt and debris when trenches collapse. Some of the most common injuries resulting from a trench collapse include:

• Traumatic brain injuries
• Suffocation and oxygen deprivation 
• Electrocution
• Broken bones
• Amputations
• Nerve damage
• Spinal cord injuries
• Paralysis
• Internal organ damage

Any of these conditions can become worse if left untreated. Many can result in lifelong disabilities. All of them can keep a worker away from his or her job, losing income while needing to cover costly medical expenses.

Who Is Liable for a Trench Collapse?

California has strict regulations for safe excavation and trenching practices. The Occupational Safety and Health Administration (OSHA) sets guidelines that all employers are required to follow. If they do not, and the result is a trench collapse, the employer is liable for any resulting injuries.

When a trench collapses, construction workers are entitled to workers’ compensation no matter who is at fault. That means that even if the worker was partially to blame for the accident, he or she could still receive benefits to compensate for any resulting injuries. Workers’ compensation typically covers medical costs, at least some lost wages, and rehabilitation expenses.

However, trench collapses can be complicated to navigate, particularly because there are generally several third parties who might have some degree of responsibility for the construction site, the equipment, or the work procedures. While still eligible for workers’ compensation, an injured construction worker might also be able to pursue a personal injury suit against other entities, including:

• General contractors, independent contractors, or subcontractors
• Property owners
• Utility companies
• Equipment owners
• Architects and project designers
• Engineers
• Manufacturers of defective parts

Schedule a Free Consultation with a Santa Clara County, CA Workers’ Compensation Lawyer

If you were injured during a trench collapse at work, speak with an experienced Gilroy, CA workers’ compensation attorney to understand your options. At Cramer + Martinez, we are dedicated to helping workers get back on their feet and getting them maximum compensation to help them get there. Call us at 408-848-1113 to schedule a free consultation.