Belsky Weinberg & Horowitz, LLC A Personal Injury & Workers’ Compensation Law Firm

The definition of a construction caught incident and examples

On a construction site, Maryland workers may need to be aware that there are two types of accidents that may occur. A struck incident occurs when the impact of an object causes injury to a worker, but a caught incident occurs when a worker becomes stuck or crushed between objects and suffers injury.

While these are the key difference between the two, certain events should be classified as caught incidents such as cave-ins during trenching. A worker being crushed or compressed between shifting, rolling or sliding objects is considered a caught incident. Such objects might be a hydraulic bed and truck frame or a dock wall and tractor-trailer truck. A worker being caught in or pulled into equipment or machinery also falls into this classification, including asphyxiation because a piece of clothing became stuck in running equipment or machinery.

There are many situations in which caught incidents could happen. For example, a worker and co-worker were installing water pipes in an excavation site that was 9 feet deep when one side of the hole caved in on them. They were buried and did not survive.

In another example, one worker was fixing a pavement roller and another was cleaning an asphalt paving spreader when the pavement roller was put into motion by accident. It rolled toward the asphalt paving spreader, pinning the cleaning worker between the two machines and causing injury. Another worker, for instance, was pulling apart a 6-inch piece of wood on a compound miter saw that had no guards. The worker's left thumb became amputated when it got caught in the saw.

Although construction workers may become injured at work, this alone does not entitle them to workers' compensation benefits. They have to show that the incident was an accident and occurred during the course of employment. Injured workers might hire workers' compensation lawyers to help them provide evidence of this so that they may focus on recovering.

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