Wyoming Injuries

FAQ | Glossary | Topics
EN ES

our son was buried in a Sheridan trench and now the contractor's insurer says it may not cover it

“my child was hurt in a trench collapse in sheridan with no shoring and the company insurance is saying there's some exclusion so who actually pays for this”

— Melissa H., Sheridan

A trench collapse with no protective system should be straightforward, but in Wyoming these cases can turn into a fight over which commercial policy applies and whether the insurer can dodge excavation coverage.

No shoring in a trench is bad enough. The coverage fight is where it gets uglier.

If a child was injured in a trench collapse in Sheridan and there was no shoring, trench box, or proper sloping, that is not a gray-area safety mistake. That is the kind of fact that makes insurers start looking for a trap door in the policy.

And yes, there often is one.

The basic problem is this: the company that controlled the site may carry a commercial general liability policy, but trench and excavation claims sometimes trigger exclusions or ugly coverage disputes involving earth movement, collapse, subsidence, employee injury, or work performed by subcontractors. The adjuster may not say it clearly at first. You just start hearing words like "reservation of rights," "additional insured," "ongoing operations," and "coverage investigation."

That's insurer-speak for: we know somebody got badly hurt, but we're not agreeing to pay yet.

In Sheridan, the facts matter fast

A trench burial injury is a medical emergency. In Wyoming, distance is always part of the damage. Sheridan Memorial can stabilize, but severe crush injury, oxygen loss, chest trauma, or compartment issues can mean transfer decisions fast. For a kid with a serious burial injury, families can end up dealing with Billings before they've even figured out who was running the site.

That matters because the paper trail starts immediately.

Who hired the crew. Who owned the lot. Who rented the excavator. Who was supervising. Whether the trench was over five feet deep. Whether there was a ladder. Whether anyone called for utility locates. Whether the child was lawfully on site as a worker, helper, visitor, or somebody's kid who should never have been anywhere near that trench in the first place.

The no-shoring fact is powerful. But it does not automatically tell you which insurance policy pays.

The first coverage question is whether your child was being treated as an employee

This is where a lot of Wyoming families get blindsided.

If your child was an older teen working around the site, even "just helping," the company's liability insurer may deny the claim and point to workers' compensation as the exclusive remedy against the employer. Then the workers' comp carrier starts asking whether the child was really an employee, whether payroll records exist, whether the contractor was properly covered, and whether another company was the true employer.

If the child was not an employee, the liability policy should be the main target. But that's where the excavation exclusion fight can start.

The weird commercial policy gap usually looks like one of these

Not always, but a trench collapse case in Sheridan can run into one of these insurance messes:

  • the main contractor's general liability policy excludes certain excavation, collapse, or earth movement losses, or says a subcontractor's policy should respond first; meanwhile the subcontractor's carrier denies because the wrong entity is listed, the job wasn't scheduled, or the injured child is being labeled an employee rather than a third party

That one paragraph can cost months.

And if there's a project owner, utility contractor, excavation subcontractor, and equipment company all touching the same site, every one of them may point at the next.

"No shoring" does not mean the insurer rolls over

Here's what most people don't realize: the coverage fight and the negligence fight are separate.

You can have terrible site safety and still have an insurer arguing there's no coverage under that specific policy form.

So even when a trench had no protective system, the carrier may still say:

The injury arose from excluded excavation operations.

The injured person was an employee.

Another insured failed to report the job properly.

The policy only covers the named contractor, not the LLC actually doing the trenching.

An excess policy won't kick in until a primary policy accepts the claim.

That is how a clear safety failure turns into a maze.

Sheridan cases also get tangled by blame-shifting

Wyoming uses modified comparative fault with a 51% bar. If the defense can somehow pin 51% or more of the fault on the injured person, recovery is blocked.

In a child trench-collapse case, that sounds outrageous. But expect blame-shifting anyway.

If your child was a teen, the insurer may argue he ignored instructions, entered a trench he was told to avoid, horseplayed near spoil piles, or climbed in after hours. If it was a family-run or informal jobsite, they may lean hard on that story because it helps both the liability case and the coverage dispute.

That's why the earliest records matter more than people think. Photos of the trench walls. Depth measurements. Spoil pile location. Whether there was any trench box on site at all. Fire and EMS notes. Statements about who was "running the job." In a place like Sheridan, where jobs can be smaller and crews know each other, the informal setup is exactly what insurers exploit.

So whose policy usually covers the injury?

Usually means usually. Not automatically.

If the child was a non-employee visitor or bystander, the contractor or subcontractor's commercial liability coverage is typically where the claim starts.

If the child was working, workers' compensation may be first, but that does not necessarily end the case if another company on site caused or contributed to the collapse.

If the main policy has an excavation or collapse-related gap, families often have to look at overlapping coverage: the subcontractor's policy, an umbrella policy, the property owner's liability coverage, or in rare cases a separate policy tied to equipment rental or site operations.

The ugly truth is that "the company has insurance" does not answer the real question. The real question is whether this kind of trench injury, at this site, involving this child, falls inside the right policy and outside the exclusions.

In Sheridan, where a lot of work still gets done with handshake habits and paperwork cleaned up later, that fight can be every bit as brutal as the medical part.

by Brenda Littleshield on 2026-03-26

The information above is educational and does not create an attorney-client relationship. Every injury case turns on its own facts. If you're dealing with this right now, get a professional opinion.

Find out what your case is worth →
FAQ
Can one Facebook post wreck my Casper injury claim?
FAQ
Can my employee sue a property owner after a Rock Springs slip and fall?
Glossary
prescriptive easement
Picture a worn path across a field: people keep using the same shortcut year after year, and...
Glossary
Tax Court petition
Think of it like hitting the emergency stop before a machine locks up and crushes your options....
← Back to all articles