Caught-in-between accidents happen most frequently on construction sites. The term “caught-in-between” is used broadly by the Occupational Safety and Health Administration (OSHA) to describe a category of injuries that involve being crushed under, between, or inside heavy machinery or objects.
What Are the Different Types of Caught-in-Between Accidents?
OSHA defines caught-in-between accidents as injuries that occur when a person is caught, pinched, crushed, or compressed between two or more objects. A number of different types of accidents are classified as caught-in-between. Examples include the following:
- Being crushed when an excavation wall caves in
- Having a thumb caught in a saw and amputated
- Being pinned between two machines
- Being crushed under a falling load
- Being caught under heavy machinery that has tipped over
- Being trapped under rubble from demolition work
What Steps Can Be Taken to Help Prevent Caught-in-Between Accidents?
Employers and supervisors can take steps to help prevent caught-in-between accidents. They can post proper warning signs in any areas where collapses or cave-ins are a risk. They can perform regular safety inspections to identify sources of instability. They can also provide proper safety training for workers to help avoid accidents with heavy machinery and materials. Negligent contractors and construction site owners who fail to take these precautions increase the risk of accidents and injuries to workers.
What Types of Injuries Result From Caught-in-Between Accidents?
Caught-in-between accidents can cause serious, catastrophic, or fatal injuries. Common examples of such injuries include:
- Bone fractures
- Internal bleeding
- Internal organ damage or loss of an organ
- Traumatic brain injury
- Amputation – loss of digits or limbs
- Spinal cord injury and paralysis
- Crush injuries to muscles, nerves, or soft tissue
What Types of Compensation Can Victims Receive for Caught-in-Between Accidents?
Workers’ Compensation
New York construction workers who have been injured in caught-in-between accidents on the job are entitled to receive workers’ compensation benefits. Workers’ comp should cover all medical expenses related to the workplace injury, plus partial reimbursement for lost wages.
Personal Injury Claim
If someone else’s negligence caused a caught-in-between accident, the victim may be entitled to file a personal injury claim for compensation against the responsible parties. Available damages may include:
- Past and future medical expenses
- Physical therapy
- Long-term nursing care
- Past and future lost income
- Physical pain and suffering
- Emotional anguish
- Permanent disability
- Disfigurement
- Loss of enjoyment of life
Wrongful Death Claim
If you have lost a loved one in a caught-in-between construction accident caused by someone else’s negligence, you may have a wrongful death claim. This is a legal action that is undertaken to seek justice for your loved one, to hold the responsible parties accountable, and seek compensation to provide for your family’s future. Damages you may be entitled to claim may include burial and funeral expenses, medical costs related to the final injury, loss of wages and benefits from the deceased, loss of inheritance, and loss of consortium.
What Should You Do If You Have Been the Victim of a Caught-in-Between Accident in New York?
If you have been seriously injured in a caught-in-between accident, speak with an experienced New York personal injury attorney as soon as possible. At Wingate, Russotti, Shapiro & Halperin, LLP, we have recovered multi-million dollar settlements and verdicts for our clients in caught-in-between accident cases. Attorney Kenneth Halperin, who heads the firm’s complex litigation and construction case units, has been listed among New York Super Lawyers® for five years running.
Our firm has more than 50 years of experience. We meticulously prepare every case for presentation in court. We believe a client deserves the opportunity to present a compelling case to a jury. Call us (212) 986-7353 to schedule a free consultation. We can review the facts in your case and discuss pursuing compensation for all damages.