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.

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.

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 lawsuit. 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.

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.

• Free Case Evaluation: call our office, send us an email, or chat with us online to receive a free case evaluation.
• Get Signed Up: after your free case review, we can set up your client profile and gather any information you already have.
• 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.

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.

Contact a New York Accident Lawyer for a Free Consultation

To learn more about how a construction accident attorney at Oresky & Associates can protect your rights, call us today to arrange a free case review. We’re available 24/7 to come to your aid.

Free Consultation

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.

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.