A worker in Pennsylvania was injured after a piece of construction equipment that he was using fell on top of him during the morning of Oct. 10. The man had been helping with a bridge construction project on Schoolhouse Road in Susquehanna Township near Harrisburg when a trackhoe excavator, estimated to weigh approximately 36,000 pounds, overturned into a ditch.
The man ended up being pinned in the cab of the excavator and by construction debris. According to the fire marshal for Susquehanna Township, the man's legs were pinned beneath the materials following the construction site accident. It took the rescue crew approximately 20 minutes to remove the debris and clear a path for the man, who was able to crawl out on his own. After he was flown to Hershey Medical Center, the fire marshal described him as being lucky.
The worker might choose to file a workers' compensation claim in connection with the accident in order to be reimbursed for his hospital bills and other accident-related expenses. He might also receive money for the time that he had to miss from his work to recover from his injuries. However, if he does accept a workers' compensation settlement, then he waives his right to file a lawsuit against his employer seeking compensation for punitive damages.
When someone is injured at work, a settlement is not usually based on liability. However, workers' compensation settlements do not always cover all of the accident-related expenses, especially when the injury takes the worker off the job for an extended period of time. At such times, a workers' compensation attorney may review the accident report and medical records to determine the extent of the financial damages. The attorney might recommend filing a lawsuit for an acceptable amount in compensation.
Source: ABC 27, "Construction worker rescued from overturned trackhoe," Myles Snyder, Oct. 10, 2013
Source: Republic, "Pa. construction worker hospitalized after piece of equipment overturned into a ditch", October 10, 2013