Our New York and New Jersey Construction Accident Lawyers Explain the Dangers of Caught-in and Between Accidents
Caught-in and between incidents occur when a worker becomes trapped, crushed, squeezed, compressed, or pinched between two or more objects or pieces of equipment. The consequences of these accidents can be catastrophic, often resulting in severe injuries, permanent disabilities, or fatalities. The Occupational Safety and Health Administration (OSHA) recognizes caught-in and between accidents as one of the "Fatal Four"—alongside falls, struck-by incidents, and electrocutions.
At Hofmann & Schweitzer, our experienced New York and New Jersey construction accident and injury lawyers are committed to protecting workers' rights and promoting workplace safety. If you have been hurt or lost a loved one in a caught-in and between accident, we are here to offer support and legal representation to ensure you receive the compensation you deserve.
How Caught-in and Between Accidents Happen
Caught-in and between accidents can happen in various ways, such as:
- Trench collapses. Soil instability can lead to sudden cave-ins, trapping workers underground.
- Machinery entrapments. Forklifts, cranes, and excavators have numerous pinch points where workers can become trapped. Limbs or clothing can get caught in moving equipment parts, or workers can be caught between machines and other objects or walls.
- Material crushes. Improperly stacked materials can shift and crush nearby workers.
- Equipment rollovers. Workers can be trapped under overturned vehicles or machinery.
Caught-in and Between Accident Injuries
Being involved in a caught-in and between accident can be catastrophic. Victims often suffer severe injuries, including:
- Crush injuries. These can lead to severe tissue damage, internal bleeding, and organ failure.
- Amputations. Limbs caught in machinery may be severed during the accident or need to be removed surgically.
- Spinal cord injuries. The force of being compressed can cause permanent paralysis.
- Traumatic brain injuries. Head trauma from these accidents can result in long-term cognitive impairments.
Beyond the physical toll, these accidents can devastate families emotionally and financially. Medical bills, lost wages, and the potential need for lifelong care can create overwhelming burdens.
Legal Protections for Construction Workers
As a construction worker, you have important legal protections designed to keep you safe and ensure you receive the compensation you deserve if you're injured on the job.
New York Safety Regulations
New York Labor Law 200 is a crucial safeguard for construction workers against caught-in and between accidents. The law establishes a general duty for property owners and contractors to provide a safe work environment. More specifically, the law requires that all machinery, equipment, and devices be placed, operated, and guarded in a manner that provides reasonable and adequate protection to workers.
In the context of caught-in and between hazards, this means ensuring that moving machinery parts are appropriately shielded, adequate spacing is maintained between equipment and fixed objects, and proper lockout or tagout procedures are implemented during maintenance. The law also mandates that work areas be free from recognized hazards that could cause physical harm to employees, including identifying and mitigating potential pinch points or crush zones.
Trench collapses are a significant concern in construction, and New York has stringent regulations to prevent these dangerous incidents. For example, 12 NYCRR Section 23-4.2 outlines specific safety measures that must be followed in trench and excavation work to protect workers from harm. These regulations address common causes of trench collapses, such as improper shoring or lack of protective systems.
OSHA Safety Regulations
OSHA enforces federal safety standards. These standards are designed to prevent workplace accidents and ensure a safe working environment. If your employer fails to comply with OSHA regulations and you’re injured, you may have additional legal options for seeking compensation.
Employers must provide training on:
- Identification of pinch points and caught-in hazards
- Proper use of personal protective equipment (PPE)
- Safe operation of machinery and equipment
- Understanding and following lockout or tagout procedures
While prevention is key, workers should understand what emergency procedures to take if caught in or between. Procedures include:
- Immediate notification of supervisors and emergency services
- Basic first aid techniques
- Use of emergency stop buttons on machinery
- Proper use of rescue equipment
How Our New York and New Jersey Construction Accident Lawyers Can Help
At Hofmann & Schweitzer, we understand the serious consequences of a caught-in and between accident. Our experienced construction accident lawyers are dedicated to fighting for the rights of injured workers in New York and New Jersey.
After a caught-in and between accident, it is crucial to seek medical attention and report the accident to your supervisor. Additionally, consulting with our skilled team can ensure your rights are protected and you understand your legal options.
We can help by:
- Investigating the accident. We conduct a comprehensive investigation to identify all parties responsible for the accident, ensuring that the actual cause of your injuries is uncovered and those at fault are held accountable.
- Collecting crucial evidence. Our team gathers and preserves essential evidence, including witness statements, accident reports, and expert testimony, to build a strong case that supports your compensation claim.
- Negotiating with insurance companies. We handle all communications with insurance companies, using our experience to negotiate the compensation you deserve so you can focus on your recovery without the stress of dealing with insurers.
- Pursuing legal action. If a fair settlement cannot be reached, we are fully prepared to take your case to trial, fighting tirelessly in court to secure the justice and compensation you are entitled to.
