1. If you are injured by an excavator at the construction site during working hours due to work reasons, you can ask the employer to declare the work-related injury, and then identify the disability level and compensate according to the identified level.
2, if the parties and the site is not a labor relationship, you can ask the boss for compensation. After compensation by the boss, the driver can be held accountable within the scope of responsibility.
According to the relevant laws and regulations, if one of the following conditions is met, it shall be recognized as a work-related injury:
1, employees are accidentally injured during working hours and workplaces due to work reasons;
2. Employees engaged in work-related preparatory work or finishing work in the workplace before and after working hours and were injured by accidents;
3. Employees are accidentally injured by violence during working hours and in the workplace due to performing their duties;
4. Employees suffer from occupational diseases;
5. Employees are injured or the whereabouts of accidents are unknown during work;
6. Employees are injured by traffic accidents that are not their main responsibility or urban rail transit, passenger ferry or train accidents on their way to and from work;
7. Other circumstances that should be recognized as work-related injuries as stipulated by laws and administrative regulations.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 179
Anyone who infringes on others and causes personal injury shall pay compensation for medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital food subsidies and other reasonable expenses for treatment and rehabilitation, as well as the income reduced due to missed work. If it causes disability, it shall also compensate for the cost of assistive devices and disability compensation; If death is caused, funeral expenses and death compensation shall also be paid.