Excavation Construction Accidents: Average Settlement Amount in New York

Determining an average settlement amount for New York excavation accidents is difficult and not very useful. Not only are some construction accident settlements kept confidential, each case is unique. This requires injured parties to determine their own case’s worth independent of an “average” derived from cases that have little to no bearing on their own situation.

At Oresky & Associates, PLLC, our excavation accident lawyers fight hard to ensure our clients receive just compensation for the financial, emotional, and physical impacts on their lives. We are ready to pursue a monetary award for whatever losses you’ve experienced and will experience in the future.

Average Settlement Amount for a Construction Accident Involving Excavation and Cave-Ins

Construction site accident settlements vary significantly from case to case. For example:

• Oresky & Associates, PLLC, won a $6.5 million settlement for a worker who suffered serious injuries when he was buried alive in a trench.
• We recovered a $2.5 million settlement for the family of a worker killed in a fatal excavation accident.

No construction accident case is typical: just because one worker recovers a certain amount does not mean all workers are entitled to a similar settlement, even if their accidents look similar at first glance.

Our excavation accident attorneys in NYC do not rest until we have recovered the settlement that meets your needs. We consider each worker’s situation carefully before taking action.

Get Justice for Your Trenching Accident

If you were harmed while excavating or trenching, do not settle for less than you deserve. Call Oresky & Associates, PLLC, at (718) 993-9999 for a free consultation today.

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Factors That Influence Excavation Accident Settlement Amounts

The following elements play a crucial role in how much money our New York construction accident lawyers may recover for you:

Injury Severity

The more severe your injury, the higher the settlement amount you might be entitled to. A worker with severe injuries may face more extensive economic and non-economic losses. For example, a worker who required multiple surgeries to recover from a back injury could receive more than a worker who was cleared to go home after a single hospital stay.

Evidence of Liability for the Trenching Accident

Our personal injury attorneys will prove your injury’s severity and the at-fault party’s liability. We may rely on evidence like photographs, work-site inspection reports, eye-witness testimony, expert testimony, and police reports.

Eligibility for Payout After an Excavation Construction Accident

Even before you consider seeking a settlement, you can recover compensation: workers who suffered excavation injuries have the right to pursue workers’ compensation benefits. According to the New York State Workers’ Compensation Board (WCB), you could qualify for benefits if your injury:

• Occurred while you were on the clock and engaged in normal work activities
• Occurred while you were working for an employer who has workers’ compensation coverage (“virtually all” New York employers must purchase insurance, per the WCB)
• Was not the result of intentional self-harm
• Was not solely the result of your own drug or alcohol use

If your injury was caused by the negligence or unlawful act of a third party, our New York construction accident attorneys will pursue a lawsuit against that party. Such acts could include:

• Ignoring OSHA citations
• Failing to warn workers about potential dangers
• Pressuring workers to operate under hazardous conditions
• Failing to provide necessary equipment

Workers can sue third parties for such acts, but they are generally barred from suing their employers.

Damages You Can Recover After an Excavation Accident on a Construction Site

Injured workers seek compensation through two main actions: filing a workers’ compensation claim and/or filing a personal injury lawsuit.

You could recover the following damages through workers’ comp:

• Medical treatment
• Partial lost wages
• Limited death benefits

These benefits can help but are far less than what you could get through a personal injury settlement. Through a lawsuit, excavation and trenching accident victims can recover:

• Past and future pain and suffering
• Loss of enjoyment of life
• Disfigurement and scarring
• Medical and hospital coverage
• Full compensation for loss of earnings and lost benefits, including union benefits
• Wrongful death damages

Our New York excavation accident attorneys will work closely with our affiliated workers’ compensation lawyers to help you recover benefits and compensation for your injuries.  A just construction site accident settlement should include both non-economic and economic damages.

Injuries You Can Get Compensation for After an Excavation Accident

Excavation accident injuries are often severe and life-changing. They may include:

• Traumatic brain injuries
• Concussions of various levels
• Vision and auditory injuries
• Limb amputation
• Skull and face injuries
• Severe nerve damage
• Neck injuries
• Spinal cord injuries
• Broken and crushed bones
• Chest injuries
• Internal injuries
• Suffocation and asphyxia

Some workers suffer emotional disorders, such as post-traumatic stress disorder (PTSD) and depression, after experiencing severe injuries or surviving life-threatening accidents. We will take both your physical and mental health into account as we negotiate for a settlement.

Excavation and Trenching Accident Statistics in the U.S.

The Occupational Safety and Health Administration (OSHA) investigated 39 collapse-related fatalities across the United States in 2022. The U.S. Bureau of Labor Statistics (BLS) reports that there were 120 nonfatal “excavation or trenching cave-in” injuries from 2021-2022. Eighteen injuries were severe enough to send workers to the hospital during that same time period, according to OSHA.

According to BLS, the vast majority of nonfatal excavation injuries (110 out of 120) occurred in the construction industry. These accidents affected experienced workers (100 had worked for their employer for over five years) and resulted in injuries to multiple body parts in 110 out of 120 cases.

Call Now for a Free Consultation

Contact Oresky & Associates, PLLC, at (718) 993-999 for a free, confidential consultation today. Our attorneys are ready to start protecting your rights.

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Your Path to Justice After a Work-Related Accident

In excavation accidents, worker injuries are often catastrophic. New York gives injured construction workers numerous paths toward compensation, but insurance companies make this process harder than it has to be. That is why our construction accident attorneys are there to fight for the injured, regardless of their immigration status.

If you or someone you love was injured in an excavation construction accident, call Oresky & Associates, PLLC, at (718) 993-9999 today. We are less concerned about average settlement amounts in New York than we are about identifying the amount you deserve and fighting hard to get you that money.