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.
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!!!
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.
Potential Negligent Parties Whom We Can Hold Liable in New York Trenching Accidents
General Contractors
General contractors are responsible for overseeing site safety and ensuring that trenches meet OSHA standards. Attorney Michael Lamonsoff will hold them liable if they fail to enforce proper safety measures, ignore hazardous conditions, or neglect to conduct safety inspections.
Subcontractors
Subcontractors working within or around the trench may contribute to unsafe conditions, such as causing collapses through improper material handling. Attorney Lamonsoff will investigate subcontractor actions and contracts to establish their role in the accident.
Excavation Companies
Excavation companies that fail to properly shore, slope, or bench trenches in compliance with OSHA regulations can be held accountable. Michael Lamonsoff's “The Bull” will examine their excavation plans, training procedures, and adherence to safety protocols to prove negligence.
Utility Companies
Improperly marked or unmarked underground utilities, such as gas or electrical lines, can cause trenching accidents. Lamonsoff will investigate utility records, prior complaints, and maintenance logs to identify failures by utility companies that contributed to the accident.
Property Owners
In some cases, property owners may be liable for failing to disclose known hazards on the land, such as unstable soil or buried materials. Personal injury lawyer Michael S. Lamonsoff will review property surveys, contracts, and communications to determine their liability.
Equipment Manufacturers
Defective trenching equipment, such as faulty shoring systems or excavation machinery, can cause accidents. Michael Lamonsoff will scrutinize equipment maintenance logs, manufacturing records, and product recall information to hold manufacturers or distributors accountable.
Site Safety Managers
Safety managers responsible for ensuring the implementation of safety protocols may be liable if they neglect their duties. NYC trenching accident attorney Lamonsoff will analyze their actions, inspection records, and compliance history to prove their contribution to unsafe conditions.
Engineers or Geotechnical Experts
Engineers or geotechnical consultants tasked with evaluating soil conditions and designing safe excavation plans can be liable if their recommendations are inadequate or negligent. Attorney Lamonsoff will investigate their reports and professional certifications to assess their responsibility.
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.