I Was Injured Due to a Trench Cave-In at a NYC Construction Site — Who's Responsible?

As a construction worker, you are entitled to a safe workplace, and you have the right to take action if that right is violated. If you were injured due to a trench cave-in at a NYC construction site, our NYC excavation accident lawyers will identify who is responsible and hold them accountable for your losses.

We provide open, honest legal advice in terms our clients can understand and act on — and we are ready to start now.

How to Get Compensation After Being Injured or Buried in a Trench Cave-In in NYC

New York construction workers are entitled to workers’ compensation benefits for job-related injuries. If a third party’s negligence caused your accident, you could also recover compensation through a personal injury claim.

Filing one type of claim does not prevent you from filing the other: our New York City construction accident lawyers can bring a personal injury suit and work closely with our affiliated workers’ compensation lawyers to pursue the damages you need.

How to File a Workers’ Comp Claim

According to New York State’s Workers’ Compensation Board (WCB), you must file:

• A written report with your employer within 30 days of your accident
• A report with the Board within two years of the accident

The insurer might ask for evidence to support your claim. We will make sure they get what they need to evaluate your case.

How to File a Personal Injury Claim

Before filing this kind of claim, you will need evidence showing that you were injured because of a third party’s negligent behavior or statutory obligation. Our legal team will help you sue for a workplace injury by notifying that party’s insurance company and determining whether to negotiate a pretrial settlement or take your case to trial.

Who Can Be Held Liable for My Trench Cave-In Injury in NY?

You could potentially sue any third party who was responsible for your safety. “Third party” means someone other than your employer: workers’ compensation insurance generally protects employers from employee lawsuits.

Examples of parties you could hold liable for trench worker injuries include:

• Contractors who share your worksite and who fail to follow safety protocols or adequately train their workers.
• Construction site owners who fail to provide workers with appropriate safety equipment (shoring beams, for example), pressure employees to work in unsafe conditions, or violate state or federal laws.
• The person or company who dug the trench or did the excavation work.
• Equipment or machinery owners or renters who fail to maintain equipment or to warn others of potential problems with the equipment.

Some trench collapses might be the fault of a single party. Others may be the result of multiple acts of negligence. Let us investigate your case and hold all responsible parties accountable.

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Compensation Available After a Trench Cave-In Injury or Death in NY

Excavation and trench accident payout amounts depend on what kind of claim(s) you file and the severity of your injuries. These factors will also affect the types of losses you pursue damages for. In general, injured trench workers can recover:

Non-Economic Damages

Damages for your physical and mental losses are available through personal injury claims, but not workers’ compensation claims. By suing a liable party, you could receive:

• Past and future pain and suffering
• Reduced quality of life
• Disability
• Loss of consortium

If you file a wrongful death claim on a loved one’s behalf, you could recover financial compensation for their conscious pain and suffering.

Economic Damages

Workers’ compensation should cover your medical bills and a portion of your lost wages. You could pursue further economic damages through a personal injury claim, including:

• Lost wages not covered by workers’ comp
• Lost earning capacity
• Lost union benefits
• Out-of-pocket expenses

Workers’ compensation provides survivor benefits for the deceased’s relatives, including funeral expenses (up to a set limit) and a limited amount of lost wages. You could also file a wrongful death claim against a liable party for damages not covered by workers’ compensation.

How a Construction Accident Lawyer Can Help Victims of Trench Accidents in NYC

Hiring a personal injury lawyer in NYC enables you to focus more fully on your recovery while we manage all legal tasks associated with your claim. We have a comprehensive understanding of the NYC legal system and the process for pursuing compensation after a trench cave-in. This allows us to:

• Review your legal options with you in English or Spanish and help you make decisions at each point in the process.
• Investigate your accident, which includes collecting all available evidence and speaking with witnesses and experts.
• Identify all parties who negligently contributed to your accident.
• Determine what kinds of compensation you qualify for.
• Fight hard for the settlement or verdict that you are entitled to based on your injuries.
• File and receive all paperwork and communications throughout your case.
• Protect you from insurance companies that want to undermine your claim.

Get Justice After a Cave-In Accident

Since 1992, Oresky & Associates, PLLC, has been proud to represent New York construction workers regardless of their immigration status. If you were injured due to a trench cave-in at a NYC construction site, you have rights, and we will protect them by figuring out who is responsible for what happened to you. Call (718) 993-9999 for a confidential consultation today. If you cannot travel, we will come to see you or speak with you via video conference.