Workers in construction and road crews face harmful conditions on a daily basis, but this is to be expected when you enter this line of work. However, that doesn’t mean that an injured worker should be left without resources when they hurt themselves from accidents, like falling into an open trench.
Open trenches pose a serious risk of injury and death, mainly due to the fact that you don’t notice them until you take that fateful step and fall right in. Essentially, an exposed trench is an accident waiting to happen, even for construction workers with many years of experience.
Those who fall into an open trench can end up with various injuries, such as:
- Broken bones
- Neck and back injuries
- Fractured hip
- Tearing of ligaments and tendons
- Dislocation in the elbows, shoulder, or knee
- Rib fracture
- Brain injuries
- Deep cuts, resulting in disfigurement and infection
- Paralysis caused by nerve damage
- Injuries to the internal organs
Victims of work-related injuries caused by exposed trenches have the right to workers’ compensation under California law. If your accident was due to negligence by an entity or individual other than your employer, you may have grounds for a personal injury lawsuit as well. To discuss your case with a fall into open trench accident lawyer, contact us today.
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Causes of Trench Accidents
Trench accidents can occur due to a variety of circumstances, including falling into a trench that is left open. To prevent an accident, all trenches should be clearly marked or guarded by someone. Aside from injuries to workers, people walking by, cyclists, and even drivers, can fall into the hole and end up with severe injuries.
Here are two other common accidents involving trenches that are not properly guarded:
- Trench cave-in or collapse – a collapse can happen from a trench not being properly shored. This can result in workers or innocent bystanders falling into the trench and being stuck or buried.
- Tools and machinery falling into a collapsing trench – heavy tools and machinery can fall into the hole as a trench collapses and exacerbate the possibility of injuries. Since there is limited space in the trench, it’s more than likely that people down below will be struck by the item and lose consciousness or sustain a life-threatening injury.
Falling through an Open Trap Door
This is not the same thing as falling through an exposed trench, though it’s quite similar. But there is one critical difference: you are falling into an indoor area, typically a basement or cellar. Traps doors aren’t as commonly used in California as cities like New York, but they most certainly exist. And when they are left unattended or open without safety barriers and signs, there’s a good chance that someone will take fall right in. As a result, they may end up falling down anywhere between 8 and 10 feet, which is enough to cause catastrophic injuries. The potential for harm is exacerbated if there are steps down into the basement that the victim can hit on the way down.
How to File a Workplace Trench Accident Claim
Notifying your employer that you’ve been hurt is the first step in a workers’ compensation claim. If you are able to, go to your supervisor immediately and let them know you’ve had an accident. Alternatively, ask someone to go get your supervisor if you have serious injuries. If your injuries are potentially life-threatening, have someone call 911, as you will need medical attention right away.
You have 30 days to let your employer know what happened, but please don’t wait that long if at all possible. It’s for the best that you initiate a claim right away, as it can take weeks before you start to receive payments. If there are any mistakes on the paperwork, disagreements with the insurance company, it can months to straighten out the issues and get paid for your lost wages and medical treatments. Talking to your employer sooner than later will minimize the delay between payments that are crucial to the recovery process.
After you report an open trench accident to your supervisor, you have 1 year from the date of injury to submit the necessary paperwork with the insurance company. However, you should file the claim as soon as possible to ensure that you start to receive payments in a timely manner.
Suing for Negligence by a Property Owner
Sometimes, open or uncovered trenches can be blamed on negligent property / business owners. Or, maybe it was a work crew from the city or county that left a trench exposed. Even though you qualify for workers’ comp, you may also have the right to file a third party lawsuit. But these are very complicated claims, and you should not attempt to handle the process without help from a trench accident lawsuit attorney.
For one thing, your lawyer will make sure that your claim is filed according to the statute of limitations in California. Let’s say, for example, that you fell into a trench that was uncovered or not indicated with signs / safety barriers because of carelessness by a city road crew. As a result, you can file a liability claim with the city government, which must be done within 6 months of when you had the accident.
If the liable party is a private property or business owner, you have 2 years to file a personal injury lawsuit. The process normally begins with an insurance claim, which we can hopefully negotiate within the first 6 months. But uncovered trench accidents typically result in serious injuries, so the amount of time to reach a settlement can be between 1 and 2 years.
For more information on filing a third party lawsuit for accidents due to an open trench, contact our office.
Talk to a Workplace Injury Lawyer
At the end of the day, legal advice is crucial to obtaining the payment you deserve and moving forward from an unexpected injury. Though filing a work-related injury claim should be simple, many claimants run into problems that can hold up their payments indefinitely. That’s why it’s important to retain the services of a workers’ compensation lawyer as soon as possible.
Though you may be worried about the cost of legal fees, we chare you $0 upfront and wait until the end of your case, when we take a portion of your settlement to cover our expenses. Plus, if we don’t manage to recover the benefits you are entitled to you, there is a Zero Fee Guarantee to make sure you owe us absolutely nothing.
Our law firm is ready to take your call 24 hours a day, 7 days a week, so please reach out to us and schedule a free case review.
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