A trench or excavation collapsed on me at work. Who is responsible?

Trench collapses are among the deadliest accidents in construction

A single cubic yard of soil can weigh up to 3,000 pounds, about as much as a car. When a trench wall gives way, a worker can be buried in seconds, with no time to climb out. Those who survive often have crush injuries, broken bones, internal injuries or brain injuries from lack of oxygen. Pipe layers, utility crews, plumbers and laborers, many of them Latino workers, do this work every day across Texas.

The safety rules are clear

• Protective systems: OSHA requires a protective system for trenches five feet or deeper unless the excavation is entirely in stable rock. That means sloping or benching the walls, shoring, or a trench box. Trenches 20 feet or deeper need a system designed by a registered professional engineer.
• Daily inspections: a competent person must inspect the trench at the start of each shift and after rain or anything else that increases the risk of a cave-in.
• Spoil piles and equipment must be kept back at least two feet from the edge, and there must be a safe way in and out, such as a ladder, in trenches four feet or deeper.
• Utilities must be located before digging.

Who can be responsible

The excavation or utility contractor that dug the trench, the general contractor that controlled the site and its safety program, the company that supplied a defective trench box, and sometimes the property owner or utility. If your employer has no workers' compensation, you can sue it directly, and it can't blame you for being careless or say you accepted the risk. More on non-subscriber employers.

The evidence we go after

• Photos and measurements of the trench as it was, before it is backfilled, which can happen within hours.
• The competent person's name and inspection records for that day.
• Whether a trench box or shoring was on site, and why it wasn't used.
• Soil reports, site plans and the general contractor's daily reports and safety meeting records.
• OSHA's inspection file, if OSHA came to the site.

What a claim can cover

Workers' comp, when your employer has it, pays medical care and part of your lost wages, but nothing for pain or the full loss of your earning ability. A claim against another responsible company, or against an employer without workers' comp, can cover all of it: medical bills now and in the future, every dollar of lost wages, lost earning capacity, pain, mental anguish, disfigurement and physical impairment. What a case is worth depends on the injuries, the future care they require, your work and the evidence of fault. No honest lawyer can put a number on it before reviewing those facts, and we never promise a result.

How these cases unfold

The company's investigation starts the same day, often with its lawyers and insurers involved. OSHA may inspect, and it has six months from a violation to issue citations. Federal investigations by the Chemical Safety Board can take years, and you don't have to wait for them. In the first weeks, our job is to send preservation demands so records, data and equipment are not lost, identify every company involved, and get you the medical care the claim depends on. Then come the experts, such as process-safety engineers, safety consultants, doctors and economists, followed by negotiations or a lawsuit. Many workplace cases resolve in one to three years; the most serious ones can take longer.

What to do now

Get medical care, and if you can, ask a coworker to photograph the trench before it is filled in. Write down the name of the foreman and the companies on the site. Jimmy Suerken is a Mexican-American attorney who speaks Spanish, and you can talk with him directly. When a case calls for it, he brings in experienced co-counsel and the right experts.

More answers about industrial and plant accidents

Other ways people ask this

There was no trench box. Is that against the rules?

For a trench five feet or deeper that isn't in stable rock, OSHA requires a protective system: a trench box, shoring or properly sloped walls. A missing protective system is strong evidence of what should have been there.

They filled in the trench right after the collapse. What now?

Photos, video, witnesses, the site plans and the contractor's records can still show what happened. Call quickly so we can demand the records be preserved.

Can I sue the general contractor?

Possibly, if it controlled safety on the site, which general contractors often do. Your options against your own employer depend on whether it carries workers' comp.

My coworker died in a trench collapse. What can his family do?

The family may have claims against the companies responsible and, in some cases, against the employer. What families can do after a death at work.

How much is a trench collapse case worth?

It depends on the injuries, future care, your work and the evidence of responsibility. We give you an honest assessment after reviewing the facts, and we never promise a result.

I'm a day laborer and the contractor paid me in cash. Can I still claim?

Yes. How you were paid doesn't decide who was responsible for the trench. Messages, coworkers and the crew leader's name help identify the companies involved.

OSHA fined the contractor. Do I get that money?

No. OSHA penalties go to the government. Your compensation comes from a workers' comp claim or a claim against the companies responsible, and an OSHA citation can be evidence in that claim.

Authority: OSHA 29 CFR 1926.652 (trenches) · TDI: trench safety · Tex. Lab. Code ch. 406