Trench Collapse and Excavation Injuries in Pennsylvania
Almost always preventable, almost always somebody else on the site.
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Trench collapses are compensable under workers compensation and almost always involve a third party. Protective systems are required for excavations at defined depths, and where shoring, sloping or a trench box was absent the responsibility usually sits with whoever controlled the excavation rather than the person in it.
These are preventable, which matters legally
A cubic yard of soil weighs roughly as much as a small car, and a collapse gives no warning. Protective systems, sloping, benching, shoring or a trench box, are required for excavations at defined depths, and a competent person is required to inspect.
Where those are absent the failure is a decision made by somebody with authority over the site. It is very rarely a decision made by the person working in the trench.
Who is usually responsible
- The general contractor controlling the site and the sequence of work.
- The excavation subcontractor, where a different company dug it.
- The competent person whose employer was responsible for inspection.
- The utility, in strike cases involving unmarked or mismarked lines.
- An engineer or designer where the protective system specified was inadequate for the soil.
Because these sites involve several employers, a third party claim frequently exists even though workers compensation bars a claim against your own.
Utility strikes
Struck gas, electric and water lines produce burns, explosions and drownings. The questions are whether the one call notification was made, whether the utility marked accurately and in time, and whether hand digging was used within the tolerance zone. Locate tickets and marking records are documentary and they are obtainable.
Crush injury has a delayed danger
Someone extracted from a partial collapse may look stable and then deteriorate as products of damaged muscle reach the circulation. Kidney injury and cardiac effects can follow. Insist on full evaluation even where the person walks away, and make sure it is in the record.
What to preserve
Photographs of the excavation, the soil face and any protective equipment present or absent. The competent person inspection records. The excavation permit, the locate tickets and the utility marking records. The daily reports. Trenches are backfilled quickly, and once backfilled the physical evidence is gone entirely.
The attorneys who handle these cases
Every one of these bar numbers is searchable on the Pennsylvania Disciplinary Board register. The person who takes your call is the person at your hearing.
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Kenneth R. Schuster
Founding Member
Read Kenneth’s background -
Justin M. Bernstein
Associate
Read Justin’s background -
Christopher D. Gasda
Associate
Read Christopher’s background -
Anthony S. Pinnie
Of Counsel
Read Anthony’s background -
Joseph J. Jachetti
Associate
Read Joseph’s background -
Andrew Valentin
Associate
Read Andrew’s background
Questions people ask us about this
Who is responsible for a trench collapse?
Usually whoever controlled the excavation and the protective systems, which is frequently not your own employer. That may be the general contractor, a separate excavation subcontractor, or the employer of the competent person responsible for inspections. Where a different company is responsible, a third party claim exists alongside compensation.
They said I should not have been in the trench.
Workers compensation is no fault, so that does not affect your benefits. For a third party claim, Pennsylvania reduces recovery by your share of fault and bars it only above 50 percent. In practice the decision to work an unprotected excavation is made by people with authority over the site, not by the person sent into it.
A utility line was struck. Does that change things?
It adds a defendant and a documentary trail. The questions are whether the one call notification was made, whether the utility marked accurately and on time, and whether hand digging was used within the tolerance zone. Locate tickets and marking records are obtainable evidence.
I was pulled out and felt fine. Should I still be checked?
Yes, and insist on it. Crush injury can deteriorate hours later as products of damaged muscle reach the circulation, threatening the kidneys and the heart. Being evaluated fully and having it recorded protects both your health and the claim.
The trench has been backfilled. Is the evidence gone?
The physical evidence is, which is why records matter so much. Competent person inspection logs, the excavation permit, locate tickets, utility marking records, daily reports and any photographs taken before backfill can carry the case.
Both Delaware County offices
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Serving south and riverfront Delaware County.
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