Cave-Ins Excavation Accidents
Cave-ins, trench collapses, falls, and other types of accidents at excavation sites may lead to serious injuries and even death. At Oresky & Associates, our skilled Queens and Bronx excavation accident lawyers can explore the facts of your case and come up with a legal strategy that’s best for your case. We will explain the full scope of your rights and options, making sure that you are well informed every step of the way. Our construction accident lawyers recognize that this is one of the most critical times in your life. Thus, each case is an important responsibility that we take very seriously. Our focus is on hard work and building relationships with each person who seeks our help. We make every effort to accommodate our clients, and take into consideration the difficult time that you are going through.Risks Posed by Cave-ins and Excavation Accidents
Excavation sites are inherently dangerous and require proper shoring to make sure that the opening does not collapse. Proper shoring and protection is especially important around the excavation site. If precautions are not taken, the following types of accidents may occur, among others:
- Trench collapses;
- Excavation cave-ins;
- Workers being struck by pipes, steel plates, or materials lowered into the excavation;
- Workers falling into unguarded excavations or openings; or
- Workers being hit by loads being lowered by cranes or other equipment used on the job.
People often think that workers’ compensation is their only option when they have been hurt on the job, but this is not true in many cases involving construction accidents. When a person has been injured and cannot work, workers’ compensation benefits may be only one of the benefits that you are entitled to. Our excavation accident attorneys can help people in the Bronx, Queens, NYC and beyond to determine whether you are entitled to money damages above and beyond workers’ compensation by filing a law suit. It is important to note that your immigration status in the U.S. is not important for the purposes of filing an accident claim, and you may be able to bring a claim even if you are undocumented.
New York’s Labor Law provides special protections to workers who are injured in construction accidents. When people are injured in violation of New York Labor Law Section 200, 240 or Section 241(6), they can win damage awards for pain and suffering, economic losses such as loss of union benefits, lost wages, medical expenses, and more. The idea behind these laws is to place responsibility for workplace safety on site owners, general contractors, contractors, and other parties in charge of construction projects, as opposed to requiring workers to be responsible for their own safety.
New York Labor Law Section 240 protects the rights of workers who are injured in falls from heights or who are struck by a falling objects that required securing. Also known as the scaffold law, Section 240 enables a worker to hold a general contractor, a project owner, a project manager, or a building owner fully accountable for his or her harm if any of these parties failed to supply protective equipment or did not ensure that workers on the site were actually using the equipment.
Under New York Labor Law Section 241(6), if a construction worker is injured due to a violation of New York’s Industrial Code, the building owner and the general contractor may also be liable. This law requires that safety equipment be provided and certain safety protocols be followed. Section 241(6) allows injured individuals at construction sites to recover compensation in addition to what they would be typically able to recover through workers’ compensation. However, liability is not absolute and may be affected by a worker’s own negligence.Contact an Excavation Accident Lawyer in the Bronx, Queens, or Elsewhere in NYC
If you were injured in an accident involving a cave-in or an excavation, our work injury attorneys can help. At Oresky & Associates, we provide personalized and compassionate representation to each and every client. We understand that dealing with an accident is deeply stressful, and we treat our clients just as we would want to be treated in the same situation. Our firm has achieved many multi million dollar verdicts and settlements for construction accident victims, and our staff is fluent in Spanish. Our Queens and Bronx excavation accident attorneys represent injured people throughout New York City and the surrounding areas, including in Manhattan, Brooklyn, and Staten Island as well as Nassau, Suffolk, and Westchester Counties. To discuss your case in more detail, call us at 718-993-9999 or you can contact us online.