Excavation and Trench Collapse Attorneys in New York
Working on an excavation site or inside a trench is one of the most dangerous jobs in the construction industry, and when trenches collapse, workers are frequently injured or killed. If you or a loved one were injured while working on an excavation site in New York, you have rights and legal options for pursuing compensation. To learn more, reach out to Lever & Ecker’s New York construction accident attorneys today.
Key Takeaways
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Trench and excavation work is among the most dangerous in construction, with collapses causing severe or fatal injuries.
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Many accidents result from preventable hazards like unsupported trenches, poor inspections, or lack of safety equipment.
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Injured workers can seek workers’ compensation and may also file a lawsuit against third parties such as contractors or property owners.
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OSHA regulations and New York laws require employers to implement strict safety measures like trench boxes and daily hazard inspections.
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Workers generally have 3 years to file a lawsuit, but shorter deadlines may apply when government entities are involved.
Table of Contents
- What You Need to Know About Excavation or Trench Collapses
- Laws that Protect Workers in Trench and Excavation Accidents
- Who is Responsible for Workers’ Safety in Trench and Excavation Accidents?
- What Compensation is Available for Trench Collapse Injuries?
- Deadlines to File a New York Trenching and Excavation Accident Lawsuit
- How Can Lever & Ecker Help Prove Negligence in a Trenching or Excavation Accident?
- Serving all Municipalities, Cities, and Counties in New York State
- Schedule a Free Case Evaluation of Your NYC Trench or Excavation Accident
What You Need to Know About Excavation or Trench Collapses
In the construction industry, excavations are man-made cuts, cavities, trenches, or depressions in the ground formed by the removal of soil and rock. Trench collapses, or cave-ins, are one of the deadliest excavation-related incidents for workers, and it only takes seconds for those working in trenches to become buried in thousands of pounds of soil. Even in non-fatal trench collapses, workers can suffer serious and often life-altering injuries. Hazards that cause trench collapses can be avoided when employers act responsibly, train their employees, and follow all federal Occupational Safety and Health Administration (OSHA) regulations.
Causes of Trench and Excavation Accidents in New York
Because excavation and trenching are among the most hazardous construction operations, OSHA has many requirements in place to keep workers on excavation sites as safe as possible. Under OSHA regulations, employers are responsible for ensuring that their workers enter trenches only after adequate protections are in place to prevent accidents like cave-ins, falling loads, hazardous atmospheres, and equipment accidents. Additionally, New York employers must ensure that all excavation sites are inspected on a daily basis for potential hazards.
According to OSHA, “an unprotected trench can be an early grave” for workers. Unprotected and unsupported trenches are one of the most common causes of trench collapses and cave-ins, as are inadequate inspections, wet weather, insufficient access points, and lack of safety equipment. Trenches can collapse in several ways, including:
- Spoil pile slides: When excess excavated soil, rocks, and debris accumulates in piles near the trench, it can cause a collapse.
- Shear wall collapses: The vertical wall of the trench falls due to unstable soil.
- Belly sloughs: In a belly slough collapse, the slow, gradual movement of trench walls can trap workers inside, suffocating or crushing them.
- Soft pockets: In some trenches, pockets of less compact soil can give way unexpectedly, leading to a partial or total collapse.
Common Injuries in Trench and Excavation Accidents
Excavation accidents and trench collapses are one of the most fatal types of construction accidents for workers. Even if workers involved in a collapse survive, they often suffer severe injuries that will alter their lives permanently. Some of the most common types of trench and excavation accident injuries include:
- Amputations
- Broken bones
- Crush injuries
- Drowning
- Electrocutions
- Internal injuries
- Nerve damage
- Suffocation
- Traumatic brain injuries
- Death
Laws that Protect Workers in Trench and Excavation Accidents
While OSHA regulations provide guidelines from the federal government on excavation practices, New York City also has its own requirements for trench operations, including specific requirements for worker and bystander safety. The city urges workers to only work when the proper protections are in place, and to regularly check trench walls for cracks, bulges, spalling, or other signs of distress.
OSHA recommends a number of practices to reduce trenching and excavation hazards like collapses or cave-ins. Namely, employers and workers are encouraged to slope or bench trench walls, shore trench walls with supports, or shield trench walls with trench boxes. Additionally, employers should ensure there is a safe way to enter and exit trenches, keep materials away from the edge of the trench, keep watch for atmospheric hazards, and keep up with daily inspections of trenches and protective equipment.
Who is Responsible for Workers' Safety in Trench and Excavation Accidents?
In most construction accident cases in New York, workers cannot sue their own employers–instead, they would pursue workers’ compensation benefits via their employer. However, in some cases, workers can also hold a third party like a property owner or general contractor liable for their injuries via a personal injury lawsuit, which is separate from any claim for workers’ compensation benefits they may file.
Federal law gives workers the right to working conditions that do not pose a risk of serious harm, to receive information and training about preventing workplace hazards, and to file an OSHA complaint if their workplace does not follow regulations. In some cases, employers may be held liable for their workers’ injuries after a trench collapse if they were not abiding by federal and state safety regulations.
What Compensation is Available for Trench Collapse Injuries?
Injuries from a trench collapse can have long-term effects. Workers often suffer permanent disabilities, chronic pain, and a need for ongoing medical treatment. By filing a construction accident lawsuit against any third parties whose negligence contributed to your injury, you may be able to recover compensation for your medical expenses, lost wages, rehabilitation costs, pain, and suffering.
Deadlines to File a New York Trenching and Excavation Accident Lawsuit
In New York, injured workers usually have three years from the date of their injury to file a lawsuit. However, there are exceptions to this rule–for instance, if you plan to file suit against a government entity, you must give notice within 90 days of the injury. An experienced New York attorney can determine the specific statute of limitations for your construction accident case and ensure you file all necessary paperwork on time.
Daniel G. Ecker
Founding Partner
How Can Lever & Ecker Help Prove Negligence in a Trenching or Excavation Accident?
At Lever & Ecker, our New York personal injury lawyers are prepared to take a hands-on approach to your case, guiding you through the process of pursuing justice. Our attorneys can gather evidence, collect statements from witnesses, and identify experts to testify about the excavation accident you endured and how it affected you. We will work tirelessly to prove the at-fault party’s negligence so you can receive the compensation you deserve.
Serving all Municipalities, Cities, and Counties in New York State
Lever & Ecker serves excavation and trench collapse victims across all of New York. With offices in White Plains, the Bronx, and Queens, we help injured clients throughout the state, including all five boroughs of New York City, Westchester County, and the surrounding counties, and we are always prepared to go to trial if necessary. We make home and hospital visits, so if you can’t come to us, we’ll come to you.
Schedule a Free Case Evaluation of Your NYC Trench or Excavation Accident
If you or a loved one have been injured in an excavation or trench collapse accident in New York, you are not alone. Lever & Ecker’s team of New York construction accident attorneys is here to lead you through this difficult time, providing the resources you need to make the right legal decisions and get the right medical care. With over 70 years of combined experience, our award-winning New York lawyers are motivated by making a difference in our clients’ lives, providing top-tier legal representation and open communication throughout the legal process. Schedule a free consultation with Lever & Ecker today online or by calling one of our offices:
- White Plains: (914) 288-9191
- Bronx: (718) 933-3632
- Queens: (347) 391-6337
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