Caught-in/between accidents are among the most horrific in construction, workers trapped, crushed, or pulled into machinery and equipment. These accidents often result in amputation, severe crush injuries, or death. Yet nearly all are preventable with proper lockout/tagout procedures and machine guarding.
At Phillips Law Offices, we’ve represented workers and families devastated by caught-in accidents that should never have happened. Understanding these hazards and your legal rights is essential for seeking justice.
What Are Caught-In/Between Accidents?
Caught-in/between accidents occur when workers are:
- Caught in – Pulled into rotating machinery, gears, or moving parts
- Caught between – Crushed between two objects, such as equipment and a wall
- Caught under – Trapped beneath overturned equipment or collapsed materials
These accidents are part of OSHA’s “Fatal Four,” accounting for approximately 5.4% of all construction deaths annually. The injuries are typically catastrophic, crushing forces cause massive trauma that often proves fatal.
Common Caught-In/Between Scenarios
Based on OSHA fatality investigations, caught-in/between accidents frequently occur in these situations:
Unguarded Machinery
Workers are pulled into rotating equipment lacking proper guards:
- Concrete mixers with exposed augers
- Conveyors with unguarded pinch points
- Drill presses, lathes, and boring equipment
- Power take-off (PTO) equipment
- Belt and chain drives without covers
Trenching and Excavation
Workers caught in collapsing trenches or excavations, covered in detail in our trench collapse article, represent a major category of caught-in fatalities.
Equipment Rollovers
Workers are caught under overturned equipment:
- Forklifts tipping on uneven surfaces
- Excavators and backhoes rolling on slopes
- Cranes overturning from overloading
- Aerial lifts becoming unstable
Crushing Between Objects
Workers pinned between equipment and fixed objects:
- Backing vehicles pinning workers against walls
- Hydraulic equipment crushing workers against structures
- Forklifts trapping workers in tight spaces
- Swinging cranes catching workers between loads and barriers
Collapsing Materials
Workers caught under unstable structures:
- Improperly stacked materials falling on workers
- Structural collapse during demolition
- Concrete forms giving way
- Unsupported structures failing
Lockout/Tagout: The Critical Protection
Many caught-in accidents occur during maintenance, cleaning, or repair when equipment unexpectedly activates. OSHA’s lockout/tagout (LOTO) standards under 29 CFR 1910.147 (applied to construction through 29 CFR 1926.702) require:
Energy Control Program
Employers must establish procedures for shutting down and isolating energy sources before workers service or maintain equipment.
Lockout/Tagout Devices
Physical locks and warning tags must be applied to energy isolation devices to prevent accidental reactivation. Each authorized worker must apply their own lock.
Verification Procedures
After lockout, workers must verify that all energy sources have been isolated by attempting to operate equipment controls.
Training Requirements
All employees must be trained on the energy control program, with “authorized” employees receiving specific training on lockout/tagout procedures.
Machine Guarding Requirements
OSHA’s machine guarding standards under 29 CFR 1926.300 require protection at point-of-operation hazards:
- Barrier guards – Physical barriers preventing access to dangerous areas
- Interlocked guards – Guards that shut down equipment when opened
- Self-adjusting guards – Guards that automatically adjust to material size
- Presence-sensing devices – Light curtains or pressure mats that stop equipment
Guards must never be removed or bypassed during operation. When guards are removed for maintenance, lockout/tagout procedures are required.
Common Caught-In Violations
OSHA citations frequently reveal these caught-in/between violations:
- No lockout/tagout program – Equipment serviced without energy isolation
- Guards removed and not replaced – Point-of-operation hazards left exposed
- Inadequate machine guarding – Guards that don’t fully protect workers
- No training on LOTO procedures – Workers unaware of energy control requirements
- Equipment operated with guards bypassed – Interlocks defeated for “convenience”
- Trenches without cave-in protection – Workers exposed to collapse hazards
- No rollover protection structures (ROPS) – Equipment lacking protective cabs
- Seatbelts not required or worn – Workers thrown from tipping equipment
Injuries from Caught-In Accidents
Caught-in/between accidents cause some of the most severe injuries in construction:
- Amputation – Limbs severed or crushed beyond saving
- Crushing injuries – Massive trauma to bones, organs, and tissues
- Traumatic asphyxiation – Chest compression preventing breathing
- Internal organ damage – Crushing forces destroying organs
- Degloving injuries – Skin torn from underlying tissue
- Spinal cord injuries – Paralysis from crushing forces
- Traumatic brain injury – Head caught in equipment
- Death – Caught-in accidents are frequently fatal
Survivors often face permanent disability, multiple surgeries, and lifelong medical care.
Liability for Caught-In Accidents
Multiple parties may be held responsible for caught-in/between injuries:
The Employer
Direct employers must implement lockout/tagout programs, ensure machine guarding, and train workers on caught-in hazards.
General Contractors
General contractors may be liable for site-wide safety failures, including inadequate coordination between trades working near hazardous equipment.
Equipment Owners
Equipment owners who provide machinery without proper guards or safety devices can face liability.
Equipment Manufacturers
If equipment was designed without adequate guarding or safety features, product liability claims may be available.
Maintenance Companies
Third-party maintenance providers who remove guards and fail to replace them, or who fail to properly service safety equipment, may share liability.
OSHA Penalties for Caught-In Violations
OSHA treats machine guarding and lockout/tagout violations seriously:
- Serious violations – Up to $16,131 per violation
- Willful violations – Up to $161,323 per violation
- Repeat violations – Up to $161,323 per violation
- Criminal prosecution – Possible for willful violations causing death
These penalties reflect the severity of caught-in hazards, and the inexcusable nature of failing to implement well-established safety measures.
Your Legal Options After a Caught-In Accident
Workers injured in caught-in/between accidents have multiple legal options:
- Workers’ compensation – Benefits for medical expenses and wage replacement
- Third-party liability claims – Full damages against parties other than the employer
- Product liability claims – Against manufacturers of defective equipment
Given the severity of caught-in injuries, third-party claims often result in substantial recoveries that far exceed workers’ compensation alone.
Contact Phillips Law Offices After a Caught-In Accident
Caught-in/between accidents are preventable when employers follow OSHA requirements for lockout/tagout and machine guarding. When they don’t, and workers suffer catastrophic injuries, they must be held accountable.
Contact Phillips Law Offices today for a free consultation. We’ll investigate your accident, identify all safety violations, and fight for the maximum compensation your injuries deserve. You shouldn’t bear the burden of someone else’s negligence.