His clients call Michael Lamonsoff “The Bull” because he never stops fighting for them. Thanks to “The Bull” and his team of top-rated litigators, the Law Offices of Michael S. Lamonsoff, PLLC., is consistently rated as one of the top personal injury law firms in New York City.
Trenching Accidents
The Hazards of Trenching in Construction Operations
Trenching is one of the most hazardous construction operations. According to the Occupational Safety and Health Administration (OSHA), an excavation is defined as any man-made cut, cavity, trench, or depression in the earth’s surface formed by earth removal. A trench is a specific type of excavation: one that is narrow, underground, deeper than it is wide, and no wider than 15 feet.
If you or a loved one were injured in a trenching accident, contact an experienced accident lawyer in NYC at The Law Offices of Michael S. Lamonsoff, PLLC, today.
Legal Support for Trenching Accidents in New York City
In New York City, trenching is used on construction sites of every kind: to allow workers to put in sewer or drainage pipes, for the installation of complex wiring systems, and to expand and service tunnels beneath streets as well as buildings.
Unfortunately, the creation and use of trenches is an activity that poses serious dangers to construction workers. Trenches and excavations that are not properly shored can collapse, burying workers under a ton of soil.
When owners, developers and general contractors cut corners, and fail to use the correct precautions to protect the safety of workers, the results can be serious injury or death. This is when an experienced personal injury attorney in NYC can help.
If you have suffered an injury due to a trenching accident, the team of award-winning personal injury lawyers at Law Offices of Michael S. Lamonsoff, PLLC, will fight to get you the justice and the compensation that you deserve.
If I’m Injured On the Job, Can I Still File a Lawsuit?
Yes, you can. Trenching accidents are preventable, and when they occur, it is because someone failed to follow the safety laws and regulations that were enacted in New York to protect workers. Powerful new laws now enable workers to bring personal injury lawsuits to sue the owners, developers and general contractors whose negligence caused the accident.
Even if you are entitled to and receive workers’ compensation benefits, you can still bring a personal injury lawsuit to get full compensation and justice from those who were negligent. For these reasons, it is important that you contact a knowledgeable personal injury lawyer as soon as possible after your accident.
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 lawyers offer personal attention and professional representation.
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I am a construction worker and got injured while working on a construction project. I went to a law firm to represent me for my injuries. They spent two years never communicating and meeting with us, and then, sent us a letter after two years that they were dropping our case. They told us that we did not have a case and we had one year left to find a new lawyer before the statute of limitations ran out.
My son, who is also a construction worker that Michael Lamonsoff represented, referred us to his office. Michael told us that we did have a case and that the other attorneys did not know what they were talking about.
He immediately took action. He litigated the case. He and his wonderful staff kept us informed at all times.
Just before trial, we went to a mediation. Michael fought very hard for us. He and his team spent hours until they got us a magnificent settlement.
I would definitely recommend the Law Offices of Michael S. Lamonsoff to anybody who are injured. They are great!!!
What Causes Trenching Accidents On a Construction Site?
When trenches are part of a construction site, the most common injuries occur when the trench itself caves in. This can happen quickly and without warning.
Not only do workers face the danger of burial should a trench collapse, they also face substantial dangers within the trenches, facing the danger of possible injuries from electrocution, explosions, fall, construction machinery overturns, lifting mishap, falling debris and more.
Federal and state regulations provide that trenches must be properly designed, shored and maintained. Expert input is required to ensure the safety of all. On the job, trenches should also be inspected regularly, particularly when conditions on the site change, and the inspections need to be done by people who fully understand the mechanics of trenching.
Types of Trenching Accidents on New York Construction Sites
Our accident attorney, Michael S. Lamonsoff, “The Bull,” can handle all types of trenching accidents and find the evidence to hold the liable parties accountable for maximum damages. Common trenching accidents include:
Cave-Ins and Collapses
Cave-ins are the most common and deadly type of trenching accident, occurring when trench walls fail due to improper shoring or weak soil conditions. Our accident attorney, Michael Lamonsoff, will collect evidence such as soil analysis reports, daily trench inspection records, and photographs of the site to demonstrate the employer’s failure to install adequate protective systems.
Falling Objects
Construction equipment, tools, or debris can fall into trenches, striking workers and causing serious injuries. Attorney Lamonsoff will investigate whether spoil piles were improperly placed too close to the trench edge or whether unsecured equipment caused the accident, using site diagrams, eyewitness testimony, and OSHA inspection reports.
Worker Entrapment in Machinery
Workers operating or working near excavation machinery can become entangled in equipment due to improper training, maintenance failures, or lack of safety guards. Evidence such as maintenance logs, operator certifications, and safety training records will be gathered to establish third-party negligence or defective machinery liability.
Hazardous Atmosphere Exposure
Trenches can accumulate toxic gases or lack sufficient oxygen, putting workers at risk. Lamonsoff will investigate whether proper air quality testing was conducted and whether necessary ventilation equipment or respiratory protection was provided, supported by employer compliance records and testimony from safety inspectors.
Trench Flooding and Water-Related Injuries
Sudden trench flooding from water lines or heavy rainfall can lead to drowning or slip-and-fall injuries. Our team will examine site drainage plans, weather reports, and repair schedules for underground utilities to identify parties who failed to mitigate water hazards.
Electrocution from Underground Utilities
Excavating near buried utility lines can expose workers to live wires, leading to electrocution. Attorney Lamonsoff will review utility marking records, Dig Safe notifications, and project plans to determine whether contractors or third-party utility companies failed to provide adequate warnings or markings.
Vehicle or Equipment Collisions
Heavy machinery operating near trenches can strike workers or destabilize trench walls, causing accidents. Our attorney will analyze equipment operation logs, training records, and surveillance footage to prove negligence on the part of machinery operators or contractors.
Improper Access or Egress Accidents
Inadequate ladders or ramps can lead to workers falling while entering or exiting trenches. Lamonsoff will investigate whether safe access points were provided as required by OSHA regulations, using evidence like site inspection reports and worker testimony.
Inadequate Lighting-Related Accidents
Trenches with poor visibility can result in trips, falls, or unintentional contact with hazardous materials. Lamonsoff will gather documentation of site lighting conditions and evaluate whether contractors failed to provide adequate illumination to ensure worker safety.
Explosion-Related Accidents
Explosions can occur in trenches when workers encounter volatile underground utilities such as gas lines or improperly stored hazardous materials. Attorney Michael Lamonsoff will investigate utility company records, safety protocols for material storage, and adherence to pre-excavation safety checks to identify responsible parties.
Structural Collapse Due to Nearby Construction Activity
Vibrations or pressure from nearby heavy machinery or construction activities can destabilize trenches, leading to collapses. Lamonsoff will analyze geotechnical surveys, construction activity logs, and equipment vibration reports to demonstrate negligence by contractors or third parties working adjacent to the excavation site.
What Types of Injuries Are Most Common in Trenching Accidents?
Unfortunately, trenching accident injuries are usually severe in nature. It is not uncommon to see broken bones, organ damage, or even brain damage caused by asphyxiation.
Many times victims do not survive. When they are lucky enough to survive, they often suffer permanent disabilities from critical injuries.
Being suddenly buried by dirt and debris usually causes traumatic injuries that can affect all parts of the body and require extensive medical treatment.
OSHA Standards for Trenching and Excavation Safety on New York Construction Sites
The Occupational Safety and Health Administration (OSHA) has established stringent standards under 29 CFR 1926 Subpart P to prevent trenching and excavation accidents. These regulations address the hazards associated with trench collapses, falling debris, and unsafe conditions, aiming to protect workers involved in these high-risk activities.
Requirement for Protective Systems
Employers must use protective systems in trenches deeper than 5 feet unless the excavation is in stable rock. These systems include shoring, shielding, and benching to prevent collapses and ensure worker safety.
Competent Person Requirements
A "competent person" must inspect trenches daily and as conditions change. This individual is responsible for identifying hazards such as water accumulation, unstable soil, or proximity to heavy equipment and ensuring that protective systems comply with OSHA standards.
Safe Access and Egress
OSHA mandates that safe access and egress, such as ladders, steps, or ramps, be provided for trenches deeper than 4 feet. These access points must be within 25 feet of workers to facilitate quick evacuation if needed.
Spoil Pile Placement
Excavated materials, tools, and equipment must be kept at least 2 feet away from the edge of the trench to reduce the risk of materials falling into the excavation or destabilizing the walls.
Hazardous Atmosphere Testing
For trenches deeper than 4 feet where a hazardous atmosphere could exist, such as insufficient oxygen or toxic gases, OSHA requires air quality testing before workers enter. Employers must provide proper ventilation or respiratory protection if necessary.
Slope and Soil Analysis
Employers must analyze soil type and stability before excavation to determine the appropriate protective system. OSHA classifies soil into Type A, B, or C, with Type C being the least stable and requiring more robust protections, such as sloping at a steeper angle.
Heavy Equipment and Vehicle Safety
Vehicles and heavy machinery operating near trenches must be stabilized and equipped with protective measures, like barricades or stop logs, to prevent accidental trench breaches. Employers must also train operators to recognize the hazards of working near excavation sites.
Emergency Preparedness Plans
Employers must establish emergency action plans for trench collapses. This includes equipping workers with communication tools and ensuring rescue equipment, such as ropes or shoring equipment, is readily available.
Worker Training Requirements
Workers must receive training on recognizing trench hazards, using personal protective equipment (PPE), and following safety protocols. Training should emphasize the dangers of entering unprotected trenches and the proper response during emergencies.
Prohibition of Worker Presence During Equipment Use
OSHA prohibits workers from being present in a trench while heavy equipment operates overhead, as this significantly increases the risk of cave-ins and falling debris injuries.
Water Accumulation and Weather Hazards
Employers must take precautions to prevent water accumulation in trenches, which can destabilize walls and increase the risk of collapse. Trenches must be inspected after heavy rainfall or freezing conditions to ensure stability.
Recordkeeping and Documentation
Employers must maintain detailed records of soil analyses, daily inspections, and training certifications to demonstrate compliance with OSHA trenching standards. These records are crucial during investigations or audits following an accident.
By adhering to OSHA’s safety regulations, contractors and employers on New York construction sites can significantly reduce the risk of trenching accidents, protecting workers from serious injuries or fatalities.
Potential Negligent Parties Whom We Can Hold Liable in New York Trenching Accidents
General Contractors
General contractors are responsible for overseeing site safety and ensuring that trenches meet OSHA standards. Attorney Michael Lamonsoff will hold them liable if they fail to enforce proper safety measures, ignore hazardous conditions, or neglect to conduct safety inspections.
Subcontractors
Subcontractors working within or around the trench may contribute to unsafe conditions, such as causing collapses through improper material handling. Attorney Lamonsoff will investigate subcontractor actions and contracts to establish their role in the accident.
Excavation Companies
Excavation companies that fail to properly shore, slope, or bench trenches in compliance with OSHA regulations can be held accountable. Michael Lamonsoff's “The Bull” will examine their excavation plans, training procedures, and adherence to safety protocols to prove negligence.
Utility Companies
Improperly marked or unmarked underground utilities, such as gas or electrical lines, can cause trenching accidents. Lamonsoff will investigate utility records, prior complaints, and maintenance logs to identify failures by utility companies that contributed to the accident.
Property Owners
In some cases, property owners may be liable for failing to disclose known hazards on the land, such as unstable soil or buried materials. Personal injury lawyer Michael S. Lamonsoff will review property surveys, contracts, and communications to determine their liability.
Equipment Manufacturers
Defective trenching equipment, such as faulty shoring systems or excavation machinery, can cause accidents. Michael Lamonsoff will scrutinize equipment maintenance logs, manufacturing records, and product recall information to hold manufacturers or distributors accountable.
Site Safety Managers
Safety managers responsible for ensuring the implementation of safety protocols may be liable if they neglect their duties. NYC trenching accident attorney Lamonsoff will analyze their actions, inspection records, and compliance history to prove their contribution to unsafe conditions.
Engineers or Geotechnical Experts
Engineers or geotechnical consultants tasked with evaluating soil conditions and designing safe excavation plans can be liable if their recommendations are inadequate or negligent. Attorney Lamonsoff will investigate their reports and professional certifications to assess their responsibility.
Contact Us for Help With Your Trenching Accident Claim
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 us immediately. We will do everything in our power to help you pursue financial compensation from the responsible party. The attorneys of our law firm will give you the individual attention that will fiercely protect your interests.
Contact our office at 212- 962-1020 for a FREE CONSULTATION at any time.
Prior results do not guarantee a similar outcome. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.
Trenching Accidents FAQ
How can I prove negligence in a trenching accident when there were multiple parties involved?
Proving negligence in a multi-party trenching accident involves gathering detailed evidence of each party's responsibility. Michael Lamonsoff will carefully examine construction contracts, safety records, inspection logs, and witness statements to identify which parties, including subcontractors, general contractors, or equipment manufacturers, failed to meet their safety obligations.
Can I file a trenching accident claim if the general contractor was not on-site at the time of the accident?
Yes, even if the general contractor was not present at the scene, they may still be liable if they failed to enforce safety standards, provide adequate supervision, or ensure proper training of workers. Top injury lawyer Michael Lamonsoff will investigate the contractor’s oversight responsibilities and actions taken prior to the accident to establish their liability.
What role do soil conditions play in determining liability for a trenching accident in New York?
Soil conditions, such as instability or water saturation, can significantly contribute to trench collapse accidents. If the conditions were known but not properly addressed by engineers, contractors, or subcontractors, they can be held responsible. Lamonsoff will review soil tests, geotechnical reports, and inspection logs to assess whether proper safety precautions were taken.
What happens if an excavation company used faulty equipment in a trenching accident?
If faulty or improperly maintained equipment, such as defective shoring systems or excavators, contributed to the trench collapse, the manufacturer or equipment provider can be held accountable. Michael Lamonsoff will examine maintenance logs, equipment history, and manufacturer defects to establish a case against the responsible party.
Can the property owner be held liable for a trenching accident if the site had known hazards, like buried debris or unstable ground?
Yes, if the property owner was aware of hazardous conditions, such as unstable soil or the presence of hidden materials, and failed to address these risks before excavation work began, they could be held liable. Attorney Lamonsoff will investigate property records, previous incidents, and owner communications to determine their level of responsibility.
Is there a time limit to file a trenching accident claim in New York, and how does it differ from workers' compensation?
There is a statute of limitations for filing a personal injury claim in New York, typically three years from the date of the injury, compared to the shorter deadlines for workers' compensation claims. Michael Lamonsoff will ensure your claim is filed within the appropriate timeframe and advise on whether a third-party lawsuit is viable alongside a workers' compensation claim.
How can workers’ compensation affect my ability to file a third-party claim for a trenching accident?
While workers’ compensation covers medical expenses and lost wages, it doesn’t account for pain and suffering or full recovery of damages. If a third party, like a contractor or equipment manufacturer, is responsible for the accident, Michael Lamonsoff 'The Bull' can help you pursue additional compensation through a third-party lawsuit. The compensation from the third-party claim would be separate from workers' compensation benefits.
Can I recover damages if my trenching accident was caused by a sudden, unforeseen event, like an earthquake or sudden weather change?
While acts of nature can sometimes be a factor, construction sites are required to plan for and mitigate risks like sudden weather changes. If proper safety measures weren’t in place to protect against such events, parties responsible for site safety, such as contractors or subcontractors, may still be liable. Attorney Lamonsoff will investigate weather reports, site conditions, and safety protocols to determine responsibility.
Can an undocumented worker file a trenching accident claim in New York, and what are their legal rights?
Yes, an undocumented worker has the right to file a personal injury claim for a trenching accident in New York, regardless of their immigration status. New York law allows injured workers to seek compensation for their injuries through workers' compensation or third-party lawsuits, such as against negligent contractors or equipment manufacturers. NYC trenching accident attorney Michael S. Lamonsoff 'The Bull' will ensure that your legal rights are protected, regardless of immigration status, and will fight to maximize your compensation.