Trench collapse accidents can devastate workers and their families. If you’ve been injured in a trench collapse, you need to understand your legal rights.
In this guide, William Schwitzer & Associates, PC, will explain trench collapse accidents and your options as an injured worker. Contacting a construction accident lawyer in NYC can help you navigate the complicated process and better understand your rights as an injured worker in New York.
What To Know About Trench Accidents
Trench accidents are among the most dangerous hazards on construction sites. A trench collapse can happen in seconds, burying workers under thousands of pounds of soil. Even a small amount of dirt can exert tremendous pressure, leading to crushing injuries or suffocation.
NPR and Texas Public Radio conducted a joint investigation and found that over 250 workers have died in trench collapses in the last decade. According to this investigation, these deaths could have been avoided.
You should know that trench collapses are preventable with proper safety measures. Employers have a legal duty to protect workers from known hazards, including unstable trenches. When they fail to do so, injured workers may have grounds for legal action.
What Can Lead to a Trench Collapse
Several factors can contribute to a dangerous trench collapse, including the following:
- Improper soil analysis and classification
- Lack of adequate shoring or trench boxes
- Placing excavated soil too close to trench edges
- Excessive vibration from nearby equipment
- Water accumulation weakening trench walls
- Failure to inspect trenches regularly
OSHA regulations require specific safety measures for trenches deeper than five feet. Employers who ignore these rules put workers at serious risk.
The Bureau of Labor Statistics reports that 168 workers died in trench collapses from 2011 to 2018. Many of these deaths were avoidable with proper precautions.
Essential Trench Protection Systems
To prevent deadly cave-ins, construction sites must use proper trench protection systems:
- Shoring: This method supports trench walls with hydraulic jacks and timber. It provides a strong structural support system that prevents soil movement and collapse.
- Shielding: This uses trench boxes to protect workers if walls collapse. These robust metal or aluminum structures create a safe working space within the trench, allowing workers to perform their tasks even if the surrounding soil becomes unstable.
- Sloping: This cuts trench walls at an angle to prevent collapse. By reducing the steepness of the trench walls, this technique minimizes the risk of cave-ins and is especially useful in areas with stable soil conditions.
- Benching: This creates step-like horizontal levels along the trench sides. It not only increases stability but also provides easier access for workers.
OSHA mandates that a competent person inspect trenches daily and after any hazard-increasing event. They must remove workers if they detect any signs of potential collapse.
What Workers Can Expect If Injured in a Trench Collapse While on the Job
If you’re injured in a trench collapse at work, you have several important legal rights. Understanding these rights can help you navigate the complex aftermath of a serious construction accident.
Workers’ Compensation Benefits
Workers’ compensation benefits typically cover all necessary medical treatment for your injury. This includes emergency care, hospital stays, surgeries, medications, and ongoing therapy or rehabilitation.
Workers’ comp also provides partial wage replacement while you’re unable to work. In New York, you can receive up to two-thirds of your average weekly wage, subject to a maximum limit set by the state. These benefits can continue for an extended period, depending on the severity of your injuries.
Third-Party Lawsuit
While workers’ compensation typically prevents you from suing your employer, you may have grounds for a third-party lawsuit. This means you can pursue legal action against negligent parties other than your employer, who may have contributed to the trench collapse.
Potential third-party defendants might include:
- Equipment manufacturers, if faulty machinery contributed to the collapse
- Subcontractors responsible for trench safety or excavation
- Property owners who failed to warn about known hazards
- Engineers or architects who designed unsafe trenching plans
A third-party lawsuit could recover damages not covered by workers’ compensation, such as full lost wages and pain and suffering.
OSHA Complaint
The Occupational Safety and Health Administration (OSHA) enforces workplace safety regulations. If you believe your employer violated OSHA’s trenching and excavation standards, you have the right to file a confidential safety complaint.
OSHA will investigate your complaint and may:
- Inspect the worksite
- Issue citations for safety violations
- Require the employer to correct hazardous conditions
- Impose fines for serious or repeated violations
Filing an OSHA complaint can help prevent future accidents and protect other workers from similar hazards.
Disability Benefits
For long-term or permanent injuries resulting from a trench collapse, you may qualify for Social Security Disability benefits. These federal benefits are available if your injuries prevent you from working for at least a year or are expected to lead to death. According to the Social Security Office of Retirement and Disability Policy, around 12 million people between 18 and 64 years old received Social Security disability benefits in December 2020.
Social Security Disability provides monthly payments based on your work history and average earnings. You may also qualify for Medicare coverage after receiving disability benefits for two years.
How a Construction Attorney Can Help
An experienced NYC trench collapse lawyer can be crucial in protecting your rights after an accident. They can do the following:
- Investigate the cause of the collapse
- Identify all potentially liable parties
- Calculate the full extent of your damages
- Negotiate with insurance companies on your behalf
- File lawsuits against negligent third parties
An experienced attorney understands the complexities of workers’ compensation laws and employment safety regulations for trench workers. A trustworthy attorney will work hard to help you understand your rights and pursue compensation when possible.
Reach Out to an NYC Trench Collapse Lawyer Today
Trench and construction site workers often have a lot of questions regarding their safety on the job, like “What are caught-in-between hazards in construction sites that can cause an injury?” or “When should I contact an attorney after a trench collapse incident while on the job?”
At William Schwitzer & Associates, PC, we understand the devastating impact a trench collapse can have on workers and their families. We have experience helping construction workers navigate the claims process and pursue compensation for their injuries.
If you’ve been injured in a trench collapse, don’t wait to seek legal help. We offer free consultations to discuss your case and explain your options. Call our NYC trench collapse attorneys today at 212-683-3800 to protect your rights after a serious construction accident in New York City.
Frequently Asked Questions
How Long Do I Have To File a Lawsuit After a Trench Collapse Injury?
In New York, you generally have three years from the date of the accident to file a personal injury lawsuit for a trench collapse. However, you should consult with an attorney as soon as possible to ensure you don’t miss any important deadlines.
Can I Sue My Employer for a Trench Collapse Injury?
Generally, you cannot sue your employer directly for a work-related injury due to workers’ compensation laws. However, you may be able to file a third-party lawsuit against other negligent parties, such as equipment manufacturers or subcontractors.
What Compensation Can I Pursue for a Trench Collapse Injury?
Compensation for a trench collapse injury may include medical expenses, lost wages, pain and suffering, and disability benefits. The specific amount depends on the severity of your injuries and the circumstances of the accident.
