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.
Tunnel Worker Accident Lawyer in New York City
Types of Tunnels in New York
New York is home to a vast network of tunnels that serve critical roles in transportation, infrastructure, and utility systems. Tunnel workers are tasked with the construction, expansion, and maintenance of various types of tunnels across the state:
Causes of Tunnel Worker Accidents on NY Construction Sites
Tunnel construction is one of the most hazardous segments of the construction industry, involving complex geological conditions, confined spaces, high-powered machinery, and volatile environmental hazards. The following are among the most frequent and severe causes of accidents affecting tunnel workers on New York construction sites:
Cave-ins and Collapses
Tunnel walls and ceilings can give way due to unstable geological conditions, water infiltration, or the failure of temporary support systems. When shotcrete, steel ribs, or rock bolts are not installed correctly or in a timely manner, it increases the chance of sudden cave-ins that can trap or fatally injure workers beneath tons of earth or rock.
Toxic Fumes and Poor Ventilation
Tunnel environments concentrate hazardous substances such as carbon monoxide from diesel-powered equipment, methane from subsurface deposits, and silica dust generated during rock cutting. Without a robust ventilation system, workers may suffer respiratory distress, carbon monoxide poisoning, or silicosis over time.
Heavy Equipment Malfunctions
Tunnel Boring Machines (TBMs), conveyor belts, formwork systems, and heavy-lift cranes operate under high stress. A mechanical failure or operator error can result in crushing injuries, amputations, or fatalities, especially in confined tunnel settings where escape options are limited.
Falls and Trips
Falls are common due to scaffold use, uneven excavation surfaces, cluttered workspaces, or slippery conditions caused by water ingress or slurry. Lack of fall protection or proper lighting only exacerbates these risks.
Electrocution
Electric shock hazards are elevated when tunneling in areas with dense utility networks. Exposure to energized conductors, especially in wet environments, can lead to serious injuries or death.
Flooding and Water Ingress
A miscalculated bore path, failure of seals, or water table issues may lead to sudden tunnel flooding, jeopardizing the safety of the crew within seconds.
Fires and Explosions
Confined tunnel spaces increase the risk of combustion. A spark from welding equipment or a short circuit can ignite flammable gases, resulting in devastating explosions or fires.
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Statute of Limitations for Respiratory Illness and Silicosis Claims for Tunnel Construction Workers in NY
Unlike sudden traumatic injuries, respiratory illnesses such as silicosis develop gradually. In New York, specific legal rules govern these latent injury cases:
Discovery Rule:
The statute of limitations generally begins when the worker first becomes aware, or should reasonably have become aware, of the illness and its relation to their tunnel work.
Personal Injury Statute of Limitations:
Workers typically have three years from the date of discovery to file a personal injury lawsuit against third parties.
Workers’ Compensation Deadline:
Claims must be filed within two years of the date of disablement or when the worker knew or should have known that the illness was work-related.
Occupational Disease Benefits:
Silicosis may qualify under New York’s workers' compensation system as an occupational disease, allowing workers to receive medical treatment and wage benefits.
Wrongful Death Claims:
If a tunnel worker dies due to silicosis or a related respiratory illness, surviving family members have two years from the date of death to file a wrongful death claim.
Frequently Asked Questions
Are tunnel workers eligible for compensation beyond workers’ compensation in New York?
Yes. While workers’ compensation provides basic coverage for medical expenses and partial wage replacement, injured tunnel workers may also be entitled to pursue a third-party personal injury claim. If your injury was caused by a negligent subcontractor, equipment manufacturer, engineering firm, or even a utility company operating in the tunnel, you may sue for pain and suffering, full lost earnings, loss of consortium, and more.
Does New York Labor Law protect tunnel workers the same way it protects workers on elevated surfaces?
No. Labor Law §240 (the “Scaffold Law”) primarily applies to elevation-related risks, but tunnel workers may still be protected under Labor Law §241(6), which incorporates the New York State Industrial Code. This section mandates that contractors, owners, and their agents comply with safety protocols related to tunnel construction, including ventilation, lighting, shoring, and hazardous materials.
What makes tunnel accident claims legally complex in New York?
Tunnel construction is governed by an intricate web of local, state, and federal regulations, including OSHA’s Subpart S for underground construction. Jurisdictional overlaps, multiple contractors, union rules, and unique environmental hazards like confined spaces or noxious gases make liability disputes far more technical and document-heavy than surface-level construction claims.
Is silicosis or lung disease from tunnel dust grounds for a claim even if symptoms appear years later?
Yes. Occupational diseases like silicosis, COPD, or other respiratory conditions caused by prolonged exposure to silica dust, concrete particulates, or chemical fumes in tunnels are generally compensable. While workers’ compensation may apply, a latent injury may also allow for a third-party toxic tort claim against equipment makers, ventilation subcontractors, or negligent safety engineers.
Can family members sue for wrongful death after a fatal tunnel accident?
Yes. Under New York Estates, Powers & Trusts Law §5-4.1, eligible family members of a deceased worker may pursue a wrongful death lawsuit if the death was due to negligence. This is in addition to any workers’ compensation death benefits. Damages may include loss of financial support, funeral costs, and loss of parental guidance or spousal companionship.
