Workers Compensation Trench Collapse Accident Injury Claims
Trench collapses are among the most dangerous construction site accidents. They are also one of the most easily avoidable. The Occupational Safety and Health Administration (OSHA), has strict safety guidelines for companies with workers in trenching and excavation projects. Click here to learn more.
These regulations on preventing trench collapse accidents are clear and easy to follow. Any time a North Carolina construction worker is below ground, in a trench, or in another excavation, he or she is at great risk for a potential trench collapse. Employers must follow the OSHA guidelines to prevent serious injury.
A North Carolina Workers’ Comp Claim After a Trench Collapse
As you would expect, when a trench collapse occurs, workers may experience severe injuries or death. A worker crushed by falling soil can suffocate or have crush injuries from the weight of the soil. A crush injury is compression of extremities or other parts of the body that causes muscle swelling and/or neurological problems or internal organ injuries. These kinds of injuries can also involve internal bleeding, concussion and/or brain injuries, fractures, open wounds, bruising, muscle breakdown loss of circulation and can be devastating.
A Third- Party Claim for a Trench Collapse Accident
When a trench collapse occurs on a job site, it may be due to the negligence of another person or construction company. If a third party is at fault, you may have a claim third-party claim in addition to your workers’ compensation claim. At the law firm of Hemmings & Stevens, PLLC, we will determine whether there is some party other than your employer who is responsible for your injury and help you recover the damages you deserve. You may have the right to seek damages from workers’ compensation and the negligent party who caused the trench collapse.
Workers’ Compenasion Disability Benefits
If you are out of work due to an injury, under North Carolina workers’ compensation law, you may receive Temporary Total Disability (TTD) two-thirds of your “average weekly wage.” If you can return to work, but make less money due to the injury, you can receive Temporary Partial Disability (TPD) benefits under North Carolina workers’ compensation law to make up for the shortfall.
Compensation for Your Permanent Injury Caused by a Trench Collapse
Under North Carolina workers’ compensation law, you can receive compensation for any permanent injury you have after the doctor releases you from care. If you can never return to any kind of work, you may be given a disability rating for Permanent Total Disability (PTD) or Permanent Partial Disability (PPD) benefits. If you have a permanent injury or cannot return to work, you should consult with an experienced workers’ compensation lawyer, as the calculation of what you are owed may be contested by the workers’ comp insurance company.
Professional Attorney Help for Injuries Caused by a Trench Collapse
To schedule a free consultation with a lawyer to discuss your specific injury, e-mail us or call us at 919.277.0161. Based in Raleigh, we handle workers’ compensation cases statewide in North Carolina.
This article regarding trench collapse accidents and workers’ compensation claims is for informational purposes only and is not legal or medical advice. You may need to seek the advice of a workers’ compensation lawyer at the law firm of Hemmings & Stevens, PLLC if you have been injured in a trench collapse at work and need to file a workers’ compensation claim.