Legal Help in Construction Accident Cases Involving Trenches and Excavations
New York is a leader in construction worker protection. The OSHA manual that covers proper excavation practices was modeled after New York State Industrial Code 23, which was developed decades ago. The goal is to prevent cave-in situations and falls into excavations or trenches that can lead to serious injuries or death.
Unfortunately, cave-ins still occur. The vibration of heavy vehicles driving by an excavation can cause a wall to collapse. Shoring that is improperly installed or not used, allows walls to collapse, trapping workers in a trench or burying a worker in an excavation. This is how injuries happen.
At the law offices of Powers & Santola, our attorneys have been helping injured workers and their families since 1987. We have secured millions of dollars in verdicts and settlements for injured construction workers. If you have a serious injury or wrongful death claim, contact us online or call our offices in Albany and Syracuse toll free at 866.689.9692.
Experience Counts in Trench Collapse Cases
Excavation accidents can happen in several ways:
- A workers may be buried when the sides of an excavation cave in or trench shoring material collapses
- A building inspector may fall into an excavated area
- A cave-in may cause an operating engineer to fall into an excavation as the ground gives way
- A piece of heavy equipment, and its operator, may fall into an excavation if the sides of the excavation or trench collapse
- Building materials may fall on to laborers, plumbers, electricians and other tradesmen
Depending upon how the accident occurred, you may be able to bring a claim under Section 240, which allows you to seek damages from the property owner, manager or builder. Negligence is not a factor in such cases. If the accident occurred on the property, they can be held responsible.
In trench accident cases not covered under Section 240, the worker may still recover under Section 241-6. Comparative negligence can be considered, but it is not a bar to recovery.
Attorney Daniel Santola has handled construction accident cases since 1975. He's "written the book" on construction accident law in New York. He understands the distinctions that determine whether a trench collapse case can or cannot be brought under Section 240.
Contact Powers & Santola, LLP, today to schedule a free consultation with an experienced lawyer regarding a trench cave-in or excavation fall with injuries.
