Suez Water New York Inc.

An employee was jackhammering asphalt with his back to a backhoe. The backhoe bucket was resting on the blacktop to the right of the backhoe. The backhoe operator was reaching down for a head warmer on the cab floor when the operator's sweatshirt pocket caught the stick control. This action inadvertently moved the control lever for the "swing arm" and "bucket." The backhoe bucket then moved and pushed the employee who was jackhammering asphalt about 2 to 3 feet until he lost his balance and hit the ground. The bucket continued pushing him for approximately 4 to 5 feet. During that time, the bucket also rose, and the tooth contacted the outer portion of his right boot. The bucket continued to move up and over his boot. The operator then stopped the bucket, but it remained on top of his foot. The bucket's weight (approximately 300 pounds) crushed and lacerated his foot.