Every day, we come together at our jobs to build something stronger, to support each other, and to do our best. But behind every task, every shift, there’s a person, a loved one, who deserves to go home just as healthy as they came. Crush injuries aren’t just numbers or statistics—they’re people, with families, hopes, and dreams that are interrupted when something goes wrong.

What are Crush Injuries?

A crush injury occurs when any part of the body is injured when force or pressure is put against it, leading to damaged tissue, muscles, nerves, and bones.These injuries are often caused by heavy machinery, vehicles, or building collapses.

Common areas of the body injured are hands, legs, torso, and the head. The extent of damage can range from mild bruising to severe, life-threatening conditions, including broken bones, internal bleeding, and organ damage. 

A crush injury can be devastating because of the long-term effects it can have on the body and treatment can be complex. 

Common Causes of Crush Injuries

• Machinery Accidents
  • Forklifts: Injuries from forklifts tipping over, lifting heavy loads, or running over workers.
  • Cranes: Accidents involving cranes dropping loads, swinging improperly, or colliding with workers.
  • Conveyor Belts: Workers getting caught in moving parts or being crushed by equipment during malfunction.

• Falling Objects
  • Construction Environments: Risks from falling tools, materials, or debris from scaffolding and elevated work areas.
  • Warehouse and Retail Environments: Injuries from falling boxes, stock, or inventory on shelves.
• Vehicle Accidents
  • Heavy Trucks and Machinery: Crush injuries caused by transport-related accidents, such as being struck by or trapped under vehicles or large equipment.
  • Forklifts and Delivery Trucks: Collisions, mishandling, or improper parking of vehicles causing crush accidents.

Workers’ Compensation for Crush Injuries in Texas

In Texas, workers who suffer from crush injuries in the workplace may be entitled to workers’ compensation. To qualify, the injury or illness must occur from performing job-related duties.

However, depending on circumstances, they may also have grounds for a personal injury lawsuit if the injury was caused by third-party negligence, defective equipment, or safety violations.

If you have been injured in the workplace, it is important that you let your employer know about the injury within 30 days. You must also fill out a Division of Workers’ Compensation form (DWC form 041) within one year of the incident.

Documentation on how the incident happened and the extent of damages will be helpful when pursuing workers’ compensation or third-party claims.

According to the Texas Department of Insurance, workers’ compensation won’t pay employees if:

• They intentionally caused their own injuries,
• Were injured while intoxicated or playing around,
• Were injured outside of work or while voluntarily participating in an off-duty sports or social event,
• Were injured by someone else for personal reasons not related to the job,
• Were injured by an “act of God,” like a flood or hurricane, unless the job had a high exposure to these types of events.

In Texas, workers’ compensation covers medical expenses, lost wages, and rehabilitation for crush injuries.

Medical benefits: coverage for hospital bills, surgeries, physical therapy, etc. 

Income benefits: partial or total wage replacement if the worker cannot return to work.

Temporary income benefits – if an injured employee has lost money from a job for more than seven days due to a workplace injury, they can receive 70 or 75% of what the employee’s average weekly wage before the injury. 

Impairment income benefits – if an employee has permanent bodily damage, they can receive 70% of the worker’s average weekly wage prior to the injury. This does not depend on the injured employee’s ability to work.

Supplemental income benefits – injured employees must have an impairment rating of 15% or greater, be unable to return to work, or earn less than 80% of what they made prior to their injury to be able to qualify for supplemental income.

Lifetime income benefits – those who sustain serious injuries such as blindness, traumatic brain injuries, spinal injuries, or loss of two limbs can receive 75% of the worker’s average weekly wage before the injury plus a 3% cost of living increase every year. This is the only benefit that doesn’t have a time limit.

Vocational rehabilitation: support for those who have a permanent disability in returning to work or retraining for a new role compatible with work restrictions provided by a physician if needed.

Death benefits: for dependents if the worker dies from a crush injury. For eligible family members, it can replace 75% of lost income and can pay up to $10,000 for the deceased worker’s funeral expenses.

Personal Injury Lawsuits for Crush Injuries

Personal injury lawsuits can result in compensation beyond what workers’ compensation covers, including pain and suffering, emotional distress, and punitive damages.

Employees may be entitled to both workers’ compensation benefits and personal injury compensation, though workers’ compensation may seek reimbursement if a lawsuit is successful.

An employee can pursue a personal injury lawsuit when the workplace injury was a result of third-party (someone outside of your employer’s company) negligence. Examples are sub-contractors, vendors, or property owners whose negligence leads to an accident. 

Defective equipment can also be a factor for a lawsuit. If equipment malfunctions due to manufacturing defects or improper maintenance, an employee can file a lawsuit against the manufacturer or maintenance provider.

Employers or other parties may violate safety regulations, leading to crush injuries. For example, failure to provide proper training, having inadequate safety measures, or unsafe working conditions are all safety violations that can cause a crush injury.

Legal Steps to Take After a Crush Injury

1. Seek immediate treatment to prevent complications and document your condition.
2. Report the injury to supervisors immediately to document the incident.
3. File a workers’ compensation claim
4. Contact an experienced workplace injury attorney

If you or a loved one has suffered a crush injury at work, contact Thomas J. Henry Law for a free case review. Our experienced attorneys can help determine whether you are entitled to workers’ compensation or if you have grounds for a personal injury lawsuit. 

At Thomas J. Henry Law, we understand the stress and struggle faced after an unexpected accident or injury. In a time of uncertainty, we provide a sense of stability and prioritize our focus on getting clients’ lives back to normal.

Don’t wait—take action today to protect your rights and secure the compensation you deserve.