Experienced Attorneys
Committed to Protecting the
Rights of Injured Workers
Committed to Protecting the
Rights of Injured Workers
Chicago Excavation Accident Attorney
Pursuing Maximum Compensation for Illinois Workers Hurt in Excavation Accidents
Construction workers suffering severe injuries from work accidents need a skilled excavation accident lawyer and an experienced Chicago excavation accident attorney to guide them through the legal process. Whether a trench collapsed in Logan Square or you suffered life-threatening injuries while renovating a Berwyn apartment complex, we are the best personal injury lawyers in Cook County for your case. Contact us today for a free consultation.
Excavation Accident Settlements & Verdicts Recovered by Our Chicago-Based Law Firm
$3,599,000: Tom, a contractor, was crushed in a trench collapse while cleaning an excavation site in River Forest. We guided him through his workers’ compensation claim while holding the construction company and general contractor accountable.
$1,670,00: Timothy was crushed in an excavation accident in Cook County when construction debris fell into the hole he was digging. We secured a settlement from multiple responsible parties for his ongoing medical expenses.
Why Choose IL Work Injury Lawyer
We are widely recognized as the best work injury lawyers in Chicago, having recovered $450 million in settlements and verdicts for clients across Illinois. Our firm is a member of the Million Dollar Advocates Forum and the American Association for Justice, proof of our commitment to the highest possible compensation for every client.
Types of Excavation Accident Cases We Handle
- Trench collapses and cave-ins
- Falls into unprotected excavations
- Struck-by incidents with heavy machinery
- Hazardous environmental exposure, such as low oxygen or poisonous gases
- Electrocution from underground utilities
- Flooding in excavation pits
What Are the Most Common Causes of Excavation Site Accidents in Illinois?
Common causes of excavation accidents include:
- Failure to use safety measures like trench boxes or shoring
- Failure to communicate excavation hazards
- Inadequate soil testing or stability assessment
- Unsafe ingress or egress from trenches
- Equipment malfunctions
- Using equipment too close to the excavation edge
- Unmarked underground lines
What Are the Most Common Injuries in Illinois Excavation Accidents?
Excavation accidents often result in significant injuries and permanent disability. Common injuries include:
- Crush injuries from trench collapses or cave-ins
- Head trauma from falling materials
- Spinal cord injuries and paralysis
- Suffocation or asphyxiation from hazardous gases
- Fractures, broken bones, and orthopedic trauma
- Severe burns from electrocution or other materials
- Death
What Damages Can Injured Workers Recover in Illinois?
Injured employees can receive workers’ compensation benefits through the Illinois Workers’ Compensation Commission, which will cover medical bills and lost wages up to the Illinois state average weekly wage (SAWW). This insurance will also pay for rehabilitation services, such as vocational retraining and occupational therapy.
There are four different types of workers’ compensation, which depend on your specific injuries and their duration. These include:
- Temporary Partial Disability: You may be put on light duty while you recuperate. This insurance covers the difference between your previous and current wages.
- Temporary Total Disability: If you cannot work at all while you heal, you may receive your lost income. This is common after severe excavation injuries.
- Permanent Partial Disability: Those who cannot return to their previous duties may receive vocational retraining and a portion of the income difference between their current and previous job.
- Permanent Total Disability: Severe injury cases, like paralysis or traumatic brain injuries, will receive ongoing payments to cover their expenses, including catastrophic excavation accident injuries.
Workers’ comp can also provide death benefits for families. This equals either 25 years of payments or $500,000, whichever is greater.
If you are not an employee or another party was responsible for the accident, our attorneys can pursue compensation from the negligent party. This can include:
- Past and future medical treatment
- Past and future lost wages
- Emotional distress
- Pain and suffering
- Loss of normal life
- Wrongful death damages, including funeral and burial costs
- Punitive damages for gross negligence
What Is the Average Excavation Accident Payout?
The average payout for Illinois excavation accident claims is $3,211,251, with a range between $6,041 and $27,000,000. Your compensation will depend on evidence, injury severity and permanency, and liable parties identified by our Chicago excavation accident attorneys.
Example Excavation Accident Cases
Ricardo Tavares, a union laborer, was working on a construction project when machinery knocked over a utility pole, which hit him in the head. He was paralyzed and required multiple surgeries, including a tracheotomy and spinal fusion. The company settled with Tavares for $36,000,000.00.
William Wayne Simmons was working on an excavation project when his jackhammer struck a 4,160-volt electrical wire, resulting in a severe electrical injury. He developed complex regional pain syndrome (CRPS) and alleged workplace negligence. A jury awarded him $20,325,000.00.
Why You Need an Illinois Excavation Accident Lawyer
Working with a Chicago personal injury attorney and experienced excavation accident lawyer is crucial for these cases, as there are often multiple defendants and overlapping jurisdictions between local safety authorities. Additionally, liability often hinges upon OSHA violations and industry standards, making it essential to work with an experienced construction lawyer.
How Common Are Excavation Accidents in Illinois?
According to the Bureau of Labor Statistics, 166 workers died in trench collapses between 2011 and 2018, averaging about 21 per year. In 2022, 4 workers died from excavation accidents in Illinois.
Since 2020, 23 Chicago workers have been injured performing excavation work. Fifteen of these accidents were fatal.
Where Do Excavation Accidents Occur Most Often in Illinois?
Common accident locations in Chicago include:
- Downtown Chicago utility and foundation work in the Loop, West Loop, or South Loop
- Major infrastructure projects like the Red Line extension, the Jane Byrne interchange, or the O’Hare expansion
- IDOT highway rehab projects along the Stevenson Expressway or I-55
- Suburban commercial developments in Schaumburg, Naperville, and Joliet
What Laws Govern Excavation Construction Accidents in Illinois?
Employees can seek workers’ comp from their employer’s insurance company for excavation-related injuries. This is a no-fault system, making it possible to receive compensation if you were primarily responsible for the accident (820 ILCS 305).
If another party was liable for your accident, you can sue using the Premises Liability Act as an injured excavation worker (740 ILCS 130/), which holds building owners and site managers liable for failing to provide a safe work environment. This requires proving negligence.
A common law used in excavation accident liability is the Illinois Underground Utility Facilities Damage Prevention Act (220 ILCS 50/), which requires companies to call JULIE (Joint Utility Locating Information for Excavators) at 811 if they must dig deeper than five feet before any excavation work begins. JULIE will then help companies locate underground utilities to avoid accidental strikes.
OSHA Standards Applicable to Deep Trenches and Excavation Work
The Occupational Safety and Health Administration sets standards for trench work, and failing to follow these standards can make an individual or organization liable. Commonly cited standards include:
- Calling utility authorities to identify underground cables or gas lines before starting work (1926.651(b)(2))
- Utilizing structural ramps for safe access (1926.651(c)(1)(i))
- Protecting employees from falling debris on the job site (1926.651(e))
- Ensuring adequate ventilation to prevent explosions or asphyxiation (1926.651(g)(1)(iii))
- Preventing water intrusion in excavations (1926.651(h))
- Shoring or bracing nearby structures to avoid collapse (1926.651(i)(1))
Failing to uphold any of these regulations can be considered negligence, and our excavation accident attorneys will seek full compensation from the liable entity.
How Long Do I Have to Take Legal Action in Illinois?
Workers’ comp has a statute of limitations of three years after the accident or two years after the last payment from the company, whichever is later (820 ILCS 305/6(d)). Third-party lawsuits typically have a statute of limitations of two years (735 ILCS 5/13-202).
Who Is Liable for Excavation Accidents in Illinois?
Our skilled excavation accident attorneys and construction injury lawyers will identify all liable individuals or organizations to pursue the highest compensation. These parties can include:
- Employer through workers’ comp claims
- General contractors and subcontractors on the excavation site
- Excavation equipment manufacturers for defective machinery
- Utility companies, if line strikes cause injury or electrocution
- Property owners in certain cases of premises liability
Common Defenses in Illinois Excavation Accident Cases
Insurance companies will aggressively avoid providing a fair settlement and reduce their own liability in excavation accident claims. Our firm will refute these common defenses using strong evidence.
Worker Negligence: Illinois uses modified comparative negligence, so every party shares part of the blame, and you can only sue if you were less than 50% responsible (735 ILCS 5/2-1116). We can ensure you’re not held responsible for more than your fair share by using witness statements, employment records, OSHA reports, and expert testimony.
Unforeseeability or Act of God: Companies will argue that the accident could not have been predicted, or uncontrollable weather events resulted in the accident or trench collapse. Safety experts can prove that the accident was an expected outcome of unsafe work practices.
How to Strengthen Your Excavation Accident Claim in Illinois
You must act quickly to ensure you have a strong claim. Follow these steps as soon as possible.
- Seek immediate medical treatment.
- Report the injury to your employer in writing and ask for a copy of the report.
- Take photos of the excavation site and any potential hazards.
- Gather witness contact information.
- Do not speak to insurers before consulting with a Chicago excavation accident attorney
How Our Illinois Excavation Accident Attorneys Can Help
Our accident attorneys will guide you through every step of the legal process, including:
- Filing and appealing workers’ comp claims for excavation injuries
- Conducting site examinations and gathering evidence of negligence.
- Obtaining OSHA investigation results.
- Consulting with work safety experts and doctors to understand the cause and consequences of the accident.
- Evaluating your damages and future needs to ensure that you are fairly compensated.
- Identifying liable third parties and negotiating a fair settlement.
- Representing you at trial, if necessary as your Chicago excavation accident attorney.
FAQs
How much does an excavation injury attorney cost in Illinois?
We work on a contingency fee basis, which means you owe us nothing unless we win.
Can I sue if a subcontractor caused my excavation injury?
Yes, you can file a personal injury suit against the subcontractor if they were negligent. You must prove this through evidence such as employment records, accident reports, witness statements, and expert testimony.
What should I do immediately after an excavation accident in Chicago?
Seek emergency medical care first, then report the incident to your employer in writing and photograph the trench or excavation site if it is safe to do so. Contact a Chicago excavation accident attorney as soon as possible so evidence like soil conditions and equipment logs can be preserved before the site is altered.
How long does it take to settle an excavation accident claim in Illinois?
Timelines vary depending on injury severity, the number of liable parties, and whether the case settles or goes to trial. Straightforward workers’ compensation claims may resolve in several months, while complex third-party excavation accident lawsuits involving multiple defendants can take a year or longer to reach a full settlement.
Can I still recover compensation if I was partially at fault for the excavation accident?
Yes. Illinois follows a modified comparative negligence rule, so you can still recover damages as long as you were less than 50% responsible for the accident. Your excavation accident lawyer will work to minimize any fault attributed to you and maximize your recovery.
Consult Our Chicago Personal Injury Law Firm
Our work accident attorneys have a flawless track record of success in both negotiation and litigation, making us the best option for injured excavation workers and their families. We represent clients across Illinois and the greater Chicago area and work on a contingency fee basis, meaning you pay us nothing unless we secure compensation for you. Start on your accident claim today by contacting us for a free, no-obligation legal consultation about your rights.
Legally Reviewed By
Attorney Jonathan Rosenfeld
Content legally reviewed by Jonathan Rosenfeld The information on this page has been legally reviewed by Attorney Jonathan Rosenfeld, founder and managing partner of Rosenfeld Injury Lawyers LLC. With extensive experience representing injured workers across Illinois, Mr. Rosenfeld is dedicated to helping workplace accident victims pursue the maximum compensation available under the law. His extensive legal knowledge and commitment to client advocacy ensure that the information provided is accurate, reliable, and aligned with current legal standards.