Crush Injuries – Construction, Heavy Equipment, and Liability

According to OSHA, approximately 125,000 American workers suffer crush injuries every year. Most of these victims are entitled to monetary compensation, but these types of claims can be especially complex in Texas.

Far too often, workers across Texas are being injured or killed in crush accidents caused by simple negligence. Whether it occurs in excavation, construction, or at a warehouse, crush injuries are almost always foreseeable and preventable.

These types of injuries can have a devastating impact—not just on the injured victim, but also on their families. At Montgomery Law, we understand that a crush injury can affect an individual and his or her whole family. We work collaboratively with our clients to achieve an outcome that helps them recover for their losses and get their lives back on track.

If you or someone you love has been injured in a crush accident, call us today for a free consultation at 214-720-6090 (local) or 1-833-720-6090 (toll-free). We’ll explain your rights and your options for pursuing a claim. If we feel as though we can help, we’ll offer to handle your case on a no-win no-fee basis.

OSHA defines a crush injury as trauma which results from a person being squeezed, caught, crushed, pinched, or compressed between two or more objects (or between parts of an object). Crush injuries most commonly occur to the hands, arms, feet and legs, but catastrophic crush injuries often result in wrongful death.

While these types of injuries can happen anywhere, the majority tend to occur on the job. Crush injuries in particular are very common on construction sites, as well as with the manufacturing industry.

In 2017, over 20% of all workplace fatalities occurred on construction sites. Crush injuries are one of the “fatal four” causes, responsible for more than half of all deaths in the construction industry. Here are a few scenarios which commonly lead to crush injuries on the work site:

• An excavation accident or trench collapse.
• A scaffolding or construction material collapse.
• A worker pulled into machinery or equipment.
• A worker pinned by a vehicle, forklift or hydraulic lift.
• A rolling or shifting object (such as during rigging).

While crush injuries can happen in a variety of ways, one of the biggest factors in many incidents is a simple lack of training. In some cases, crush injuries even occur because companies fail to maintain or provide the appropriate equipment to ensure worker safety.

If an employer fails in their responsibility to provide a safe working environment—or fails to train employees on how to safely operate machinery, the company can be held financially liable for any accidents and injuries that occur as a result.

When a person is crushed between two large objects, damage to his or her body begins immediately. The pressure exerted on a person’s body can cut off blood flow and lead to compartment syndrome or muscle death through three mechanisms: lysis, ischemia, and vascular compromise.

Lysis is the breakdown of a cell caused by damage to its outer membrane, which leads to ischemia. If a blood vessel is stuck in a pinch point, the blood flow to muscles and surrounding tissue may be cut off, leading to cell death. The severity of any crush injury will depend on two primary factors: the body part(s) involved and the force of the object(s).

While damage can range in severity, crush injuries often involve:

Additionally, individuals who have suffered crush injuries are at risk for a condition called crush syndrome. Also known as rhabdomyolysis or “Bywaters’ syndrome,” this occurs when skeletal muscle is compressed and rapidly breaks down. When these cell die, their intracellular sodium and calcium channels open, allowing these fluids to leak into damaged tissue.

Crush syndrome can lead to renal (kidney) failure, and in some cases, death. Symptoms of crush syndrome include prolonged seizures, prolonged immobility, muscle pain and weakness, and brown-colored urine.

Most crush injuries occur at work, and this can sometimes complicate the claims process. This is particularly true in Texas, which is the only state where employers are not required to carry workers’ compensation coverage for their employees. Most people assume that a work injury is automatically a workers’ comp case, but you might be surprised to learn that around 33 percent of Texas employers have opted out of the program.

Our law firm can check to determine whether your employer subscribes to workers’ compensation insurance or not during your first phone call. From there, we can explain your options for pursuing a claim—either through a personal injury claim (if your employer is a “nonsubscriber”) or through the workers’ comp process. We do this at no cost, and no obligation.

When it comes to a personal injury or wrongful death at work, there are advantages and disadvantages to workers’ compensation. The experienced personal injury attorneys at Montgomery Law can help you understand exactly what to expect in your situation moving forward.

A person who has suffered a crush injury may face months or rehabilitation if not permanent disability. In many cases, crush accidents are tragically fatal.

The legal team at Montgomery Law understands the challenges of recovering from a crush injury—both for the individual and his or her family. We work with clients throughout the Dallas-Fort Worth area who have been injured in traumatic accidents. Our job is to work on your family’s behalf while you focus on recovering.

Our Dallas law firm offers free consultations to all prospective clients. Because we’re confident in what we do, we handle all cases on a no-win no-fee basis. Contact our attorneys today by email, or call 214-720-6090 (local) or 1-833-720-6090 (toll-free) for a free consultation.