New York Construction Accident Lawyers
for Trenching Accident Victims
Working on a New York construction site is one of the most dangerous jobs there is. If that position happens to include trenching and excavation, the dangers are even more compounded. Trenching and excavation are a significant part of the construction industry. It is necessary in order to lay pipe, run wires, and cables for the day to day operations of the future building that will be on that site. When trenches are dug, they are usually reinforced with materials such as mesh, metal, or wood to make them more stable. However, there is that initial period of incredible danger until reinforcement is complete. Even after the process is complete, if trenching and excavation safety standards are not met catastrophic accidents can occur. One of the greatest hazards in excavation work is the potential for trenching accidents. If you or a loved one have been the victim of a serious or fatal trenching accident, call The Law Offices of Michael S. Lamonsoff, PLLC, today. As an experienced New York construction accident law firm, we will aggressively fight for your rights and get you the compensation that you deserve.
What are OSHA standards for trenching and excavation?
Trenching and excavating are such dangerous tasks that they are heavily regulated by both OSHA and New York state laws. This is done in an effort to try to reduce trenching accidents and hazards in excavation work. Here are some of the trenching and excavation safety guidelines as set down by OSHA:
- Trenches must be inspected daily
- Trenches must be inspected after inclement weather
- The condition of the soil must be evaluated
- Heavy equipment may not come near the edge of the trench
- Workers must have safe access into and out of the excavation site
There are other trenching and excavation safety standards in place that must be followed as well. These additional standards come from the state. This is done because trenching accidents and trench collapses cause such catastrophic, and many times, fatal injuries.
What other responsibilities does an employer have regarding trenches?
Employers or general contractors must ensure that all state and federal trenching and excavation safety standards are met. This includes making sure that employees receive the proper trenching and excavation training and understand the warning signs of a trench collapse. All workers must also be properly trained in trench collapse exit procedures. These are live-saving tools that all trenching and excavation workers should have.
What types of injuries are most common in trenching accidents?
The injuries sustained in trenching accidents are usually pretty severe in nature. Many times victims do not survive. When they are lucky enough to survive, they often suffer permanent disabilities from critical injuries. It is not uncommon to see broken bones, organ damage, or even brain damage caused by asphyxiation. Being suddenly buried by dirt and debris usually causes traumatic injuries that can affect all parts of the body and require extensive medical treatment.
Who will pay my medical bills?
If you were injured on the job, then you are likely eligible for workers’ compensation benefits. Those benefits should cover medical expenses as well as lost wages. However, those benefits can be exhausted quickly in a case where extensive and continuing medical care is necessary. New York law prohibits workers’ compensation recipients from suing their employer in the wake of an accident, but there may be a third-party liable for your injuries. If that is the case, you may be able to pursue a third-party civil suit which will bring further financial compensation.
What is a third-party civil suit and why should I be able to pursue it?
There are often many subcontractors on a NYC construction site at one time. Sometimes there are other parties that had responsibility for your accident. If a safety inspector is on the scene at any time during the job, they may share in the liability. Sometimes manufacturers can be responsible if tools or equipment malfunctions. Property owners are also responsible for providing a safe environment, so many times the owner of the worksite may be held partially liable. If anyone, besides your employer, shared any part of the responsibility for your accident, then you may be able to pursue a third-party civil suit against them. This can be a valuable resource to help recoup financial compensation that would not be available through workers’ compensation.
Can I pursue a third-party civil suit if I am receiving workers’ compensation benefits?
Many times you can. If your specific situation warrants it and an investigation reveals that another party is at least partially responsible for your accident, then you can pursue a third-party civil suit regardless of worker’s compensation benefits.
What if a loved one suffered a fatal injury as a result of a trenching accident?
The tragic and unexpected loss of a loved one can be a traumatic and life altering event filled with confusion and emotional trauma. If you lost a loved one due to a fatal trenching accident in New York, then you may be able to file a wrongful death suit. The best thing to do is seek legal counsel immediately. The attorneys at The Law Offices of Michael S. Lamonsoff, PLLC, understand what a delicate time this is for you and your family. We are always happy to sit down, listen to your story, and present you with all of your options. Our attorneys offer personal attention and professional representation.
Call a New York construction accident attorney who will fight for trenching accident victims
The Law Offices of Michael S. Lamonsoff, PLLC, offers a comprehensive approach to help New York trenching accident victims fight for the financial compensation they deserve. Our attorneys have more than a century of combined experience and extensive knowledge of New York labor laws. We fight aggressively for the rights of trenching accident victims and their families. If you or a loved one have been seriously injured in a trenching accident on a New York construction site, call The Law Offices of Michael S. Lamonsoff. PLLC, immediately. If you have lost a loved one due to a trenching accident on a NYC construction site, we will do everything in our power to help you pursue financial compensation from the responsible party. The attorneys at The Law Offices of Michael S. Lamonsoff, PLLC, will give you individual attention that will fiercely protect your interests. You can call the toll free number at (877) 675-4529 to set up your initial consultation, or you can fill out our consultation request form and we will get in touch with you shortly. Don’t hesitate to call. You do have rights, and we are here to protect those rights for you.