Excavation Accidents Lawyer
Excavation and trenching accidents occur frequently on construction sites. Excavation injuries usually result from cave-ins and wall collapse during excavation. The Occupational Health and Safety Administration (OHSA), reports that excavation accidents usually result in serious injury or death.
Federal and New York State Law both require that employers make employees reasonably safe at work or on a construction site. The law also applies to bystanders, third-parties or pedestrians hurt in construction or excavation accidents as well.
Types of Excavation Accidents
- Trench collapse
- Crushed between objects
- Construction/Excavation equipment is improperly operated or malfunctions
- Suffocation under soil
- Struck and killed by machinery during construction
- Struck by objects
- Workplace safety violations by your employer or contractor
Common Kinds of Excavation Injuries
- Electrocution from utility line – It is not unusual for employees to be electrocuted during trench digging and excavation construction work.
- Head impact from falling objects (TBI) –Traumatic Brain Injury is a common excavation injury on construction sites.
- Toxic fume inhalation – Digging trenches and excavation sites can often lead to the employees being exposed to toxic vapor and the resulting serious injuries.
- Death – Wrongful death lawsuits can sometimes be used in excavation accidents. Excavation accidents often result in death from trench walls collapsing or being crushed between objects.
New York Excavation Accident Law Explained
There are several ways to recover damages under New York Law. In many cases, workers injured on the job or construction site, will obtain some relief through Worker’s Compensation. Unfortunately, Worker’s Compensation is often not nearly enough to compensate an injured worker who has suffered serious injuries. Nor does a Worker’s Compensation claim punish a negligent actor for bad conduct, and it does not aid or deter in reducing negligent excavation work in the future.
You may also file a personal injury claim under New York Law if your employer, contractor, or third-party were negligent and their negligence caused your excavation injuries. Many excavation accident lawsuits are the result of poor OSHA safety standards on the part of your employer.
There are also excavation lawsuits that may be filed under New York Labor Laws. New York Labor law section 240 and section 241(6) provide broad relief to those injured on the job or on a construction site.
Wrongful death is another lawsuit that may be filed in the event an excavation injury results in death. Wrongful death is a complex civil matter and requires an experienced excavation accident lawyer.
New York City excavation accident law requires years of experienced legal representation, skills, and expertise. You will need a consultation with your lawyer so they can learn more about your case, learn more about you, and discuss your possible legal remedies. Our law firm employs the world’s best work site accident experts and will go over our legal strategy in detail.
Have you suffered a personal injury from an excavation accident? The injury lawyers of Pazer, Epstein, Jaffe & Fein, P.C. have successfully litigated excavation accident cases in New York City and we have won millions of dollars in settlements and jury verdicts. The law limits the time allowed to file a personal injury claim, worker’s compensation, or New York Labor Law lawsuit, so please contact us for a free consultation, and be sure to check out testimonials from our past clients. We have served New York City and Long Island exclusively for fifty (50) years. We may be reached at (212) 847-5007 in New York or (718) 954-9986 in Long Island.