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 happen in three basic ways. A worker can be caught in, pulled into rotating machinery, gears, or moving parts. A worker can be caught between, crushed between two objects, such as equipment and a wall. Or a worker can be caught under, trapped beneath overturned equipment or collapsed materials. These accidents are part of OSHA’s “Focus Four,” accounting for roughly 5 to 10 percent of construction deaths in a typical year, based on Bureau of Labor Statistics fatality data. The injuries are typically catastrophic, since crushing forces cause massive trauma that often proves fatal even when medical help arrives quickly.
Common Caught-In/Between Scenarios
Based on OSHA fatality investigations, caught-in/between accidents frequently occur in a handful of recurring situations. 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, and belt and chain drives without covers. Workers caught in collapsing trenches or excavations, covered in more detail in our trench collapse article, represent a major category of caught-in fatalities on their own. Equipment rollovers trap workers under forklifts tipping on uneven surfaces, excavators and backhoes rolling on slopes, cranes overturning from overloading, and aerial lifts becoming unstable. Workers get crushed between objects when backing vehicles pin them against walls, hydraulic equipment crushes them against structures, forklifts trap them in tight spaces, or swinging cranes catch them between loads and barriers. And collapsing materials, improperly stacked materials falling on workers, structural collapse during demolition, concrete forms giving way, unsupported structures failing, trap workers under unstable structures that should never have been left that way in the first place.
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 an energy control program, employers must establish procedures for shutting down and isolating energy sources before workers service or maintain equipment. Physical locks and warning tags, lockout/tagout devices, must be applied to energy isolation devices to prevent accidental reactivation, and each authorized worker must apply their own lock rather than relying on someone else’s. After lockout, workers must verify that all energy sources have actually been isolated by attempting to operate equipment controls, not just assuming the lockout worked. All employees must be trained on the energy control program, with “authorized” employees receiving specific training on lockout/tagout procedures beyond general awareness.
Machine Guarding Requirements
OSHA’s machine guarding standards under 29 CFR 1926.300 require protection at point-of-operation hazards, including 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), and presence-sensing devices (light curtains or pressure mats that stop equipment automatically). Guards must never be removed or bypassed during operation, and when guards are removed for maintenance, lockout/tagout procedures are required, not treated as optional because the job will “only take a minute.”
Common Caught-In Violations
OSHA citations frequently reveal the same handful of caught-in/between violations across different sites: no lockout/tagout program at all, so equipment gets serviced without energy isolation, guards removed and never replaced, leaving point-of-operation hazards exposed, inadequate machine guarding that technically exists but doesn’t fully protect workers, no training on LOTO procedures, so workers are unaware of energy control requirements even where a program exists on paper, equipment operated with guards bypassed, interlocks defeated for “convenience,” trenches without cave-in protection, workers exposed to collapse hazards, no rollover protection structures (ROPS) on equipment lacking protective cabs, and seatbelts not required or worn, so workers get thrown from tipping equipment instead of staying inside the protective structure.
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, is common. Crushing injuries cause massive trauma to bones, organs, and tissues, and traumatic asphyxiation from chest compression can prevent breathing even when no bone is broken. Internal organ damage from crushing forces, degloving injuries where skin is torn from underlying tissue, spinal cord injuries causing paralysis, and traumatic brain injury when the head is caught in equipment round out the range of catastrophic outcomes. Death is frequent in caught-in accidents, and survivors often face permanent disability, multiple surgeries, and lifelong medical care that a single settlement check cannot fully anticipate without careful life care planning.
Workers’ Compensation and the Exclusive Remedy Rule
Under 820 ILCS 305/5(a), Illinois workers’ compensation is generally the exclusive remedy against your own direct employer for a caught-in/between injury suffered on the job. Benefits, medical treatment, temporary total disability payments, and permanent disability compensation, are available regardless of fault. What comp does not cover is pain and suffering, loss of enjoyment of life, and the full value of a permanent amputation or disfigurement, which is why identifying every other responsible party on a multi-contractor site matters so much in these cases.
Liability for Caught-In Accidents
Multiple parties may be held responsible for caught-in/between injuries. Direct employers must implement lockout/tagout programs, ensure machine guarding, and train workers on caught-in hazards, though a claim against your own employer generally proceeds through workers’ comp rather than a lawsuit. General contractors may be liable under OSHA’s multi-employer worksite doctrine for site-wide safety failures, including inadequate coordination between trades working near hazardous equipment, even when the injured worker was employed by a different subcontractor. Equipment owners who provide machinery without proper guards or safety devices can face direct liability. Equipment manufacturers may face product liability claims if equipment was designed without adequate guarding or safety features, a defect that existed before the machine ever arrived on site. Third-party maintenance companies who remove guards and fail to replace them, or who fail to properly service safety equipment, may share liability as well.
Comparative Negligence and Multiple Defendants
Illinois applies a modified comparative negligence rule under 735 ILCS 5/2-1116 to third-party caught-in claims. If you are found partly at fault, for example, for reaching into a machine without confirming lockout yourself, your recovery is reduced by your percentage of fault, and barred entirely if you are found more than 50% at fault. Consider a hypothetical: a maintenance worker loses part of his hand in a conveyor that a maintenance company failed to properly lock out, and a jury awards $1,100,000 but assigns the worker 10% fault for not independently verifying the lockout before reaching into the machine. His recovery would be reduced by 10%, to $990,000. This example is illustrative only and does not represent an actual case result. When more than one defendant shares fault, 735 ILCS 5/2-1117 generally makes defendants found 25% or more at fault jointly and severally liable for compensatory damages, which matters when a general contractor, an equipment owner, and a maintenance company all had some role in the failure.
The Workers’ Comp Lien on a Third-Party Recovery
If you receive workers’ compensation benefits and also pursue a third-party claim, the comp carrier generally holds a statutory lien against your third-party recovery under 820 ILCS 305/5(b), to reimburse itself for benefits already paid. Illinois’ common-fund doctrine typically reduces that lien by a proportional share of the attorney fees and costs that produced the recovery, so the carrier contributes to the cost of the case rather than collecting a full dollar-for-dollar reimbursement. In amputation and severe crush cases, where medical spending is often substantial, coordinating both claims through one attorney avoids an unpleasant surprise at settlement.
When a Caught-In Accident Is Fatal
Caught-in/between accidents are frequently fatal, particularly rollovers, trench collapses, and crushing between heavy equipment and fixed structures. When a construction worker dies in a caught-in accident, the worker’s family may have a claim under the Illinois Wrongful Death Act, 740 ILCS 180/1, against a negligent third party, separate from workers’ compensation death benefits available through the employer’s comp carrier. A wrongful death claim can recover damages workers’ comp does not reach, including the loss of the deceased worker’s future earnings and the family’s loss of companionship and support, and in Illinois this claim generally must be brought by a court-appointed special administrator of the deceased worker’s estate.
Mistakes That Can Weaken a Caught-In Claim
A handful of avoidable mistakes show up repeatedly in these cases. Accepting an informal explanation from a supervisor about how the accident happened, without independent investigation, can foreclose a legitimate third-party claim before it is explored. Giving a recorded statement to an insurance adjuster before speaking with an attorney can lock in details, particularly around whether a guard was in place or a lockout procedure was followed, that get used against you later. Allowing damaged equipment or a bypassed guard to be repaired or discarded before it is photographed and documented removes evidence that may never be recoverable again. And returning to physically demanding work before an amputation, crush injury, or nerve damage has been fully evaluated by qualified specialists can understate the true, long-term value of an injury that often gets worse before it stabilizes.
OSHA Penalties for Caught-In Violations
OSHA treats machine guarding and lockout/tagout violations seriously. As of 2026, serious violations carry penalties up to $16,550 per violation, with willful and repeated violations up to $165,514 per violation. These are the 2025 amounts, which carried into 2026 because the annual inflation adjustment was not made. OSHA normally revises these maximums each January. Criminal prosecution is 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 that the industry has known about for decades. A citation history like this is powerful evidence in a civil claim, since it establishes that the hazard was foreseeable and the fix was already well understood.
Preserving Evidence After a Caught-In Accident
Caught-in cases often hinge on evidence that gets altered quickly, sometimes because a contractor wants equipment back in operation, and sometimes because a damaged guard or lockout device simply gets discarded during cleanup. If possible, photograph the machine, the missing or bypassed guard, and the lockout devices (or absence of them) before anything is repaired or replaced. Identify coworkers who can speak to whether lockout/tagout procedures were actually followed on that job, not just documented in a training binder. Ask your attorney to send a preservation letter promptly to the general contractor, the equipment owner, and any maintenance company involved, since maintenance logs, training records, and OSHA citation history become far harder to obtain once routine record-purging cycles take effect.
A Hypothetical Illustration
Consider a hypothetical: a laborer suffers a traumatic below-elbow amputation when a concrete mixer’s exposed auger catches his sleeve during cleaning, on a job site where the mixer’s guard had been removed weeks earlier and never replaced. He receives workers’ compensation benefits from his direct employer for his injuries. Investigation reveals the equipment owner, a separate rental company, knew the guard was missing from a prior inspection report and rented the machine out anyway. His attorney pursues a third-party claim against the equipment owner separate from the workers’ comp claim, coordinating the comp carrier’s lien against any eventual recovery. This example is illustrative only and does not represent an actual case result; the outcome of any claim depends on the specific facts, evidence, and defenses developed in that case.
Your Legal Options After a Caught-In Accident
Workers injured in caught-in/between accidents have multiple legal options. Workers’ compensation provides benefits for medical expenses and wage replacement regardless of fault. Third-party liability claims against parties other than the employer can recover full damages, including pain and suffering, that comp does not reach. Product liability claims against manufacturers of defective equipment may also be available when a guarding or safety-feature defect existed at the design or manufacturing stage. Given the severity of caught-in injuries, third-party claims often result in substantial recoveries that far exceed workers’ compensation alone.
Frequently Asked Questions
Can I get workers’ comp and also sue someone for a caught-in accident?
Yes, in many cases. Workers’ compensation from your employer and a third-party claim against a negligent general contractor, equipment owner, manufacturer, or maintenance company are separate legal tracks that can proceed together, subject to the comp carrier’s lien against any third-party recovery.
How long do I have to file a claim after a caught-in accident?
Workers’ compensation claims generally must be reported within 45 days under 820 ILCS 305/6(c), while a third-party personal injury lawsuit generally must be filed within two years under 735 ILCS 5/13-202. These deadlines apply to separate claims and run independently.
What if a guard was removed by a coworker, not by me?
A coworker’s mistake is generally still covered by workers’ compensation against your employer, since Illinois comp does not require proving fault. If a different company’s employee or equipment was involved in removing or failing to replace the guard, a separate third-party claim may also be available.
Can I recover if the equipment was defective from the manufacturer?
Yes. If a machine was designed or manufactured without adequate point-of-operation guarding, a product liability claim against the manufacturer may be available in addition to any claim against a contractor, equipment owner, or maintenance company.
Does an OSHA citation automatically win my case?
An OSHA citation is strong evidence of negligence but is not automatically dispositive in a civil claim. It typically needs to be paired with medical evidence, witness testimony, and often expert engineering analysis to establish the full case.
What if the machine was rented rather than owned by my employer?
A rental company that supplies equipment with a missing or defective guard, or that fails to disclose a known defect, can face liability separate from your employer, since a rental relationship does not transfer away the rental company’s own duty to provide safe equipment.
Can I still have a claim if I was performing an unauthorized task at the time?
This depends heavily on the specific facts, including whether the task was reasonably related to your job duties and whether your employer knew or tolerated similar conduct. It is worth discussing directly with an attorney rather than assuming the answer either way.
Why Multi-Contractor Sites Complicate These Cases
Caught-in/between accidents on active construction sites often involve equipment and workers from several different companies operating in close proximity, a general contractor’s crew working near a subcontractor’s excavator, a rental company’s mixer being used by a masonry crew, a maintenance company servicing equipment owned by yet another entity. This layered structure is part of why identifying every liable party matters so much: the company that owns the defective equipment is often not the same company that employs the injured worker, and the company responsible for site-wide safety coordination is often a third entity altogether. An attorney experienced in construction cases knows to request contracts, insurance certificates, and safety-coordination records between all of these parties early, before memories fade and paperwork gets archived or lost in the ordinary course of a project wrapping up.
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.
Call (312) 346-4262 or contact Phillips Law Offices online 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.
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