If you’re like most people, you probably don’t worry about suffering crush injuries in your daily life. You might be aware that they can happen during natural disasters, but did you know that crushing injuries occur in a wide range of more common scenarios as well?
For instance, construction site workers face this danger often as a result of caught-in or caught-between accidents. It’s such a frequent occurrence, in fact, that the Occupational Safety and Health Administration (OSHA) has crushing injuries listed in their Focus Four training program.
It’s not just construction workers at risk, either, but anyone who drives a vehicle works in a warehouse, or delivers goods. But what are crushing injuries, exactly? Learn more about them and whether you can file a claim to get compensation if you’ve suffered one.
Defining Crushing Injuries
A crush injury occurs when a significant amount of pressure or force is placed on any part of the body. Usually, it is the result of someone getting caught between two objects or falling into an object, like a piece of heavy machinery.
Crushing injuries can cause several kinds of physical harm, including:
- Bruising
- Bleeding
- Broken bones
- Open wounds
- Nerve damage
- Organ damage
One of the most serious complications that can occur from a crushing injury is compartment syndrome. This happens when lots of pressure or force is placed on a muscle compartment, leading to nerve damage, muscle damage, and blood flow issues.
It can result in severe pain, too. Compartment syndrome also has the potential to deprive the muscle compartment of the oxygen and nutrients it needs, which can lead to tissue death.
Common Causes of Crushing Injury
A crushing injury can be the result of many different types of physical trauma, but some causes are more common than others.
Vehicular Accidents
Traffic collisions can trap a body part between or under heavy objects, leading to serious damage. In extreme accidents, especially those involving pedestrians or cyclists, people can get pinned against vehicles, potentially resulting in fatal crush injuries. In motorcycle accidents, the bike itself could fall on the rider and cause crush injuries as well.
Equipment Malfunctions
If a piece of equipment or machinery malfunctions, it can trap body parts. This can occur when safety guards fail to work, for example, leading to crushed fingers and hands. Equipment that malfunctions while carrying heavy loads can also result in people being crushed.
Scaffolding Collapses
On a construction site, a scaffolding collapse can injure the people below on another scaffold or those on the ground. Anyone on the collapsed scaffold can suffer crush injuries, too, when they hit the ground or other surfaces.
Being Pulled Into Machinery
If a body part is pulled into a machine with moving parts, the pressure can cause severe crush injuries. This often occurs when a piece of clothing gets stuck.
Cave-Ins
People who work in demolition or trench building risk incurring crush injuries due to cave-ins. Unstable walls and trenches can collapse, resulting in significant weight falling on workers.
What Options You Have After a Crushing Injury
If the crushing injury you suffered was a result of someone else’s negligent or wrongful conduct, you may have a right to file a personal injury claim. These claims require that you prove someone was responsible for the accident.
Most of the time, this means illustrating that negligence occurred. To establish negligence, you must show that the defendant owed you a duty of care and that they breached it. You must then demonstrate that the breach in duty of care resulted in compensable losses.
For example, suppose that you were on your motorcycle and a driver struck you because they were looking down at their phone. In this instance, you could argue that they breached their duty of care.
Everyone operating a vehicle has a responsibility to drive safely. Since distracted driving is unsafe behavior, it breaches the duty of care. If the accident causes a crushing injury that requires medical care, you can file a claim based on negligence.
If a workplace accident caused the injury, you have the option to file a worker’s compensation claim to get certain benefits. A workers’ compensation claim doesn’t require that you prove fault.
In certain cases, however, you may also have the option of filing a personal injury claim against a third party. When a defective machine causes crushing injuries, for example, you can hold the manufacturer liable. You can file this claim alongside a workers’ compensation claim.
Damages You Can Claim After a Crushing Injury
If you’re pursuing a lawsuit against the person who caused the crushing injury, you can claim economic and non-economic damages. These compensate you for financial and non-financial losses.
Economic Damages
Economic damages compensate you for quantifiable losses you experienced because of the crushing injury. Medical expenses fit in this category, including hospital bills and any mobility devices you may need. If the accident resulted in disabilities, these damages can cover the cost of modifying your home or car. You can even get help with ongoing medical treatments.
Lost wages represent another type of claimable economic damage. Crushing injuries can be so severe that you can’t return to work for months. That means missing out on salaries, bonuses, and other income you otherwise would have received.
In some instances, you may not be able to return to work at all. By claiming loss of earning capacity, you can receive assistance.
Unfortunately, crushing injuries can lead to fatalities. If you lost a loved one, you could claim compensation for funerary expenses and any medical bills from the treatment that your loved one received before succumbing to their injuries.
Non-Economic Damages
Non-economic damages offer compensation for losses that don’t have a price tag. Loss of enjoyment of life is one of these. If your injuries prevent you from living as you did before the accident, you can be compensated for that loss.
You can also claim pain and suffering. Because this category is subjective, insurers will typically look at the severity of the injuries you suffered and their impact on your life before deciding on the amount you should receive.
If a loved one dies from the crushing injury, you can claim loss of consortium. This category strives to compensate you for your loss of support and companionship.
Contact Experienced Crushing Injury Attorneys
Crushing injuries can be catastrophic, potentially leaving you with disabilities or lasting health issues that lower your quality of life. If the injury occurred because of someone’s negligent or wrongful conduct, you could be entitled to compensation.
At Curiel & Runion Car Accident and Personal Injury Lawyers, our Arizona personal injury lawyers offer the tenacious representation you deserve. Schedule a free consultation with one of our Phoenix crushing injury lawyers. Contact our law firm at (602) 595-5559.