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Trench Cave-In & Excavation Accident Lawyers in NYC

Attorneys for Victims of Construction Injuries

Cave-ins, trench collapses, falls, and other types of accidents at excavation sites may lead to serious injuries and even death.

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Cave-In Accident Lawyers in NYC

Attorneys for Victims of Construction Injuries in the Bronx, Queens, and the Greater NYC Area

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.

Recent Case Results

More Than 30 Years Of Fighting Cases In The Courts

Construction Accidents $9.9 Million Settlement for worker injured during building construction
Construction Accident $7.5 Million Verdict for construction worker injured in fall from scaffold while performing demolition. 
Construction $7.5 Million $7.5 settlement for helper injured in fall from forklift resulting in multiple surgeries.
Construction Accidents $6.6 Million Won by construction worker that fell from scaffold sustaining serious injuries.
Construction Accidents $6 Million Settlement for electrician that fell one story off of roof during construction of an extension.
Construction Accidents $6 Million Awarded to construction worker that fell from ladder while installing window frame.
Construction Accidents $6 Million Won by construction worker that fell from ladder sustaining serious injuries.
Negligent Supervision $6 Million Awarded to 19 year old mentally disabled man that suffered severe burns as a result of institution’s failure to supervise.
Construction Accidents $5.6 Million Awarded to construction worker struck by falling object at construction site.
pay no fees unless we win your case
Explore Your Legal Options

We Fight For The Rights Of Those Injured In Construction Accidents

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.

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I give them thumbs up. They explained everything to me. They made sure that I understood everything about my case. They made me feel like I was part of their family.

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The whole office & Jacob Oresky worked hard to win my case. From the moment I met them until the end of my case they treated me as if I was their most important client. My accident was bad but my experience with them was great. I made the rig...

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The people in the office treat clients like family and they are very attentive.

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I’m very satisfied with the work Jacob Oresky & Associates did on my case. I liked the professional service. I recommend them to everyone who had an accident.

Testimonial-44

Thanks to Jacob Oresky I received my settlement sooner than I expected. I thought that my case would take longer, but with Jacob Oresky it was hassle free. Not only that, I was continually notified of the status of my case.

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I had a car accident and the office of Jacob Oresky helped me. I recommend them to everyone.

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I really liked the work from the office. I appreciate what they did for me. I had quick results and I feel very happy. Thank you for everything.

Testimonial-21

I am very happy because my case was finish very quickly and am very satisfied with Jacob Oresky.

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I had a car accident and was hurt really bad. Jacob Oresky took my case and helped me in every step of the way. He made sure that the insurance company paid all my medical expenses and that I was compensated for all my pain. The staff was always f...

Our Process

Our Team Can Start Working for You from the Moment You Call

When it comes to litigation, there is no time to waste. Once you call our office, we can start building your case in your fight for compensation. In three short steps, your legal journey can begin today.

01. Free Case Evaluation

Call our office, send us an email, or chat with us online to receive a free case evaluation.

02. Get Signed Up

After your free case review, we can set up your client profile and gather any information you already have.

03. Start Your Recovery

We can take over your case from here and update you as it progresses. You can focus on your health while we focus on your case.


Frequently Asked Questions

Common Legal Questions

How Long Do I Have to File a Lawsuit After a Construction Accident?
Your time to file a construction lawsuit is limited by the statute of limitations. New York gives you three years from the date of the accident to initiate a personal injury lawsuit. The statute of limitations is a hard deadline. If you fail to file your lawsuit within the time limit, you will be barred from recovering compensation.
What Damages Are Available to Construction Accident Victims?
There are two main types of damages available to construction accident victims. Economic damages cover financial losses, such as medical expenses, lost wages, and diminished earning capacity. Non-economic damages cover personal, non-monetary losses related to the accident. These include pain and suffering, emotional distress, scarring/disfigurement, and loss of consortium. Rare cases may qualify for punitive damages, such as incidents where the construction company ignored safety standards.
How Much Is My Construction Accident Case Worth?
The value of your case will depend on many different factors. Your economic damages, which are the direct financial losses you’ve sustained in the accident, will make up a large portion of your compensation. These damages include medical expenses and lost wages, among other things. Your non-economic damages, which represent the personal, non-financial losses related to the accident, will also influence your case’s worth. Other factors, such as available insurance coverages and comparative fault, can also affect your award.
Can I Still Recover Damages If I’m Being Blamed for a Construction Accident?
Yes. You can still recover compensation if you are being blamed for a construction accident. Workers' compensation is a no-fault system. If you are seeking workers’ comp, you can recover benefits regardless of whether you are at fault for the accident. If you are filing a third-party suit and are partly at fault, New York’s pure comparative fault rules will come into play. In this case, your compensation will be reduced to account for your share of the blame for the construction accident.
How Do I Make an Accident Report from a Construction Accident?
If you suffered injuries in a construction accident, you must report the accident to your foreman or employer, but there are other steps you also must take if you hope to receive compensation for your injury. First things first! If you have been hurt, seek medical care and attention immediately. If you need an ambulance, ask for one to be called. Your construction foreman may or may not be aware of your accident. Do not assume they received word of the incident. Even if you verbally told your co-worker about it, this notification will not always help you if your employer does not have actual knowledge of your construction accident. Want to learn more about how to make an accident report? Read our full article here.

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.
New York Accident Lawyers

Know Your Rights After A Cave-In Accident

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.

NYC Construction Attorneys

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.

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