Excavation work is a common part of many construction projects—and it’s one of the riskiest types of construction work. The Occupational Safety and Health Administration (OSHA) has noted an “alarming rise” of trenching and excavation accidents since 2022. What are your options if you’re injured on the job?
Understanding excavation and trenching accidents
Excavation work involves digging, trenching and moving large amounts of earth, often in confined spaces. These accidents most commonly include cave-ins and falls.
Cave-ins happen when the walls of a trench or excavation site collapse, potentially burying workers under tons of soil and debris. They are often fatal due to the sheer weight of the earth. These accidents can be caused by improper shoring, bracing or failure to recognize unstable soil conditions.
Workers can also fall into unprotected trenches or from equipment. The injuries from falls can be severe, including broken bones, head injuries and spinal damage. Falls often result from inadequate protective measures such as guardrails, barriers or safety harnesses. Poor visibility, slippery surfaces and improper use of equipment can also contribute to accidents.
Ohio workers’ compensation
If you’re injured in an on-the-job accident, you’re likely entitled to workers’ compensation benefits. Ohio’s workers’ compensation system is designed to provide financial assistance to injured workers, including medical expenses, lost wages and rehabilitation.
This is a no-fault system, meaning you don’t have to prove that your employer was negligent to receive benefits. Even if the accident was partially your fault, you are still eligible for compensation. However, while workers’ compensation provides benefits, it does not cover pain and suffering or punitive damages. Plus, you cannot sue your employer for negligence, in most cases. Workers’ compensation is usually the only option against your employer.
Third-party liability
While Ohio workers’ compensation provides valuable benefits, it may not fully cover all your losses. A third-party liability claim may help bridge the gap.
A third-party claim is against someone other than your employer who may have contributed to your accident. This typically includes negligent subcontractors, equipment manufacturers, property owners or utility companies. Your claim might involve suing for defective equipment, negligence by a subcontractor or improper marking of underground utilities.
Unlike workers’ compensation, a third-party liability claim can offer better compensation, if it’s successful. This may include compensation for pain and suffering, loss of enjoyment of life and punitive damages. However, proving negligence is more complicated than the no-fault workers’ compensation system, and often takes longer to resolve.
In Ohio, workers’ compensation can provide important financial and medical support. However, pursuing a third-party liability claim may be necessary to fully compensate for your injuries, if applicable. Call the Law Offices of Tim Misny today to learn about your options.
Discuss your claim with an Ohio personal injury and workers’ compensation attorney today
The Law Offices of Tim Misny can help you with your workers’ compensation or personal injury claim. If you or a loved one were injured due to someone else’s negligence or recklessness, I’ll Make Them Pay!® Call my office at (877) 944-4373 so that I can evaluate your case right away.
