The New Jersey Appeals Court ruled that a construction worker can sue their employer after a ditch collapsed on the man.

This lawsuit was originally dismissed in 2004, but was brought back to court when OSHA determined that the collapse of a 20-foot ditch was to be considered a ‘willful violation.’ The accident occurred when the man was installing a retention pond while working with James Construction Co.

The man was one of six other employees that was installing fabric to the bottom of the trench. The man was then told by his employer to enter the trench and then it caved in, burying the man. Investigators originally faulted the man for not wearing the correct safety devices. The court originally said that the man could not sue his employer, but has recently overturned the decision.

If you or a loved one has been injured on the job, contact the New Jersey workers compensation lawyers of Levinson and Axelrod, P.C. by calling 800-346-5529.