If I had got hit the shoulder and head by employee, using a machine excavator, which caused me injury, which was his fault. Could I take him to court

If this injury happened while you were working, in many states your claim would fall under workers' compensation. Work comp is typically “no fault" and would cover your medical bills, a portion of your lost wages, and an injury settlement. Work injury laws vary greatly in different states, so it's best to consult with an accident lawyer licensed in your state as soon as possible. In most states, you cannot sue a co-worker for negligence if the injury occurred within the scope of employment. However, if the at fault party was employed by someone else, you could potentially have a 3rd party claim in addition to your work comp claim. This type of claim would typically allow a recovery for pain and suffering and could significantly increase the total value of your case. Please be advised that this answer is for informational purposes only and does not create an attorney-client relationship. I would recommend that you speak with an attorney licensed in your state as soon as possible. There could be notice deadlines approaching.