NYC Excavation Accident Attorney

Excavation is a big part of the construction industry in NYC. It involves digging trenches, building foundations, and preparing sites for new buildings. It also involves inherent dangers.

Excavation accidents can seriously injure workers. These injuries occur when the work site isn’t safe, or safety measures aren’t in place. Workers hurt in excavation accidents often face substantial medical bills and lost wages. They also experience long-term physical and emotional effects.

At Richman Law Firm PLLC, we help injured workers through the legal process after an excavation accident. Our lawyers have handled many of these types of cases. We know the New York labor laws and specialize in legal representation for victims of construction accidents, ensuring their rights are protected. Contact us for a free consultation.

Excavation Accidents in NYC

Excavation accidents are a big deal in the construction industry. These can cause permanent injuries and can even be fatal, so construction companies, property owners, and contractors need to adhere to safety regulations to keep construction workers safe. When an excavation project results in injuries to workers, it can lead to a construction accident claim.

Types of Excavation Accidents

A trenching or excavation accident can happen for many causes, from weather conditions to poor personal training. Below are some of the most common excavation accidents we see at Richman Law PLLC:

Trench Collapses: A trench collapse is one of the most serious excavation accidents on a construction site and can bury workers alive, causing suffocation or crushing injuries.

Equipment Failures: Malfunctioning heavy machinery, such as backhoes or bulldozers, can cause serious accidents.

Falling Objects: Tools, debris, or building materials falling into excavation sites can hit workers below.

Cave-ins: Unstable soil conditions on a construction site can cause sudden cave-ins, trapping workers underground.

Compensation for Excavation Accidents

If you’ve been injured in a construction accident, our excavation accident lawyers can help. A personal injury claim is crucial in recovering compensation for injuries sustained after an excavation project gone wrong. We’ll discuss some of the types of compensation to which you may be entitled.

Medical Bills and Rehabilitation Costs

A construction accident can result in serious injuries that require extensive medical treatment. Victims may recover compensation for emergency room visits, hospital stays, surgeries, follow-up procedures, physical therapy, rehabilitation, medication, medical equipment, and future expenses related to the injury.

Lost Wages and Future Earnings

An injury may prevent victims from working, either temporarily or permanently. You may be able to file a personal injury claim to recover wages lost during your recovery period, reduced earning capacity, or future lost earnings.

Pain and Suffering

Beyond the physical pain, excavation injuries may cause substantial emotional distress. It’s hard to put a dollar value on these experiences, but a construction accident attorney leaves no stone unturned to get you the best possible compensation for emotional distress and mental anguish, loss of enjoyment of life, or other psychological effects of the accident.

Wrongful Death

If you’ve lost a loved one in an excavation accident, we know no amount of money can truly compensate for your loss. But we can help you get justice and financial stability through a wrongful death claim. This may include compensation for funeral and burial expenses, loss of financial support, and loss of companionship and guidance.

Liability in Excavation Accident Cases

Our New York construction accident lawyers assist clients who have suffered injuries in excavation site accidents, helping them deal with complex personal injury claims to achieve the best possible compensation. In New York City, multiple parties can be liable depending on the circumstances of an accident. Here’s a breakdown of the probable liable parties:

Construction Companies

Construction companies are responsible for keeping their workers and the public safe. They can be held liable if they don’t provide proper safety equipment, don’t train workers properly, ignore OSHA regulations, rush work schedules at the expense of safety, or neglect to implement proper protective systems.

Property Owner Liability

Property owners in New York have a duty to keep their property safe for workers. They can be liable if they know of an unsafe condition and fail to take steps to correct it, don’t provide an adequate warning of known hazards, or interfere with the construction process in a way that creates danger.

Equipment Manufacturer

If equipment caused your accident, the manufacturer may be liable. This can be if the equipment had a design flaw, had a manufacturing defect, or the manufacturer didn’t provide adequate warnings and instructions.

Rights of Injured Workers in Excavation Accidents

If you were injured in an excavation accident in New York City, the law provides several ways to recover compensation. Here are ways we can help:

Personal Injury Claims

Excavation accident victims may pursue a personal injury lawsuit in addition to a workers’ compensation claim. Personal injury claims can offer broader compensation than workers’ compensation, covering total lost wages, pain and suffering, and long-term care costs.

Third-Party Claims

In excavation accidents, third-party claims provide the opportunity to seek compensation from relevant third parties for personal injuries. For instance, equipment manufacturers if faulty equipment caused your injury, property owners if the property was unsafe and caused your accident, and subcontractors if they created a hazardous condition on the job site.

New York Labor Laws

New York has some of the toughest labor laws in the country for high-risk industries like construction and excavation. These laws are important for workers involved in excavation accidents on construction sites. Here’s what you need to know about the key New York labor laws that may apply to your excavation accident case:

Labor Law 200

This general workplace safety statute requires property owners and contractors to keep the work site safe. Under this law, employers must use reasonable care to keep the workplace safe. They must warn of dangers that aren’t obvious and can be held liable if they knew or should have known of a dangerous condition.

Labor Law 240 (The “Scaffold Law”)

Labor Law 240 primarily addresses hazards related to working at heights, including falling objects. While it primarily focuses on height-related incidents, its principles can extend to other serious safety violations, such as inadequate protection from falling objects at excavation sites.

Labor Law 241

This law sets specific safety rules for construction, excavation, and demolition work, requiring compliance with the New York State Industrial Code and safety measures for excavation work.

Excavation and Trenching Accidents in New York City

A combination of factors can cause trenching or excavation accidents in New York City. Here are common causes:

No Safety Equipment: Many accidents occur when workers aren’t given or don’t use proper safety gear, such as hard hats, safety harnesses, and protective footwear.

No Training: Workers who aren’t trained on safety protocols and equipment operation are more likely to cause or be involved in an accident.

Not Following OSHA Regulations: OSHA has strict guidelines for excavation work. Ignoring them can be deadly.

Equipment Failure: Poorly maintained or misused excavation equipment can break and cause an accident.

Falling Objects: Tools, debris, or construction materials not properly secured can fall into excavation sites and hit workers below.

Common Excavation Injuries

Excavation accident injuries can vary from minor cuts and bruises to life-changing trauma. Here are some common injuries that can occur in excavation accidents:

Traumatic Brain Injuries (TBIs): Falling objects or impacts during a collapse can cause severe head trauma, resulting in memory loss and potential long-term cognitive problems.

Spinal Cord Injuries: The force of trench cave-ins or falling into an excavation site can damage the spinal cord, resulting in partial or full paralysis.

Broken Bones: The weight of soil, equipment, or debris in a collapsed trench can break bones, sometimes resulting in complex breaks that require surgery.

Suffocation: Being buried in a trench collapse can cause suffocation if rescue isn’t immediate.

Cuts and Lacerations: Sharp tools, jagged debris, or broken equipment can cause deep cuts, which can lead to significant blood loss or infection.

How Our NYC Excavation Accident Lawyers Can Help

At Richman Law Firm PLLC, we can guide accident victims through all the challenging areas of the legal process to file a personal injury claim. We:

• Investigate your accident
• Identify all liable parties
• Handle difficult legal and labor issues
• Deal with insurance companies for you

Don’t face an excavation accident alone. Let us work for you to ensure you’re not taken advantage of during this difficult time.

New York Statute of Limitations for Excavation Accident Claims

In New York, it’s important to know the time limits for filing excavation accident claims. These deadlines include three years following the date of an accident and two years from the date of death in cases of fatal construction accidents.

Schedule a Free Consultation

If you or a loved one has been injured in an excavation accident in New York City, don’t wait to get the legal help you need. At Richman Law Firm PLLC, we’re here for you every step of the way. Led by NYC excavation accident attorney Scott Richman, we work hard to recover damages for victims and their families. Contact us for a free consultation today.