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Legal Support for Trenching Accidents in New York City

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!!!

Dennis C.

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:

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.

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?

Can I file a trenching accident claim if the general contractor was not on-site at the time of the accident?

What role do soil conditions play in determining liability for a trenching accident in New York?

What happens if an excavation company used faulty equipment in a trenching accident?

Can the property owner be held liable for a trenching accident if the site had known hazards, like buried debris or unstable ground?

Is there a time limit to file a trenching accident claim in New York, and how does it differ from workers' compensation?

How can workers’ compensation affect my ability to file a third-party claim for a trenching accident?

Can I recover damages if my trenching accident was caused by a sudden, unforeseen event, like an earthquake or sudden weather change?

Can an undocumented worker file a trenching accident claim in New York, and what are their legal rights?

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.

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