If you were hurt in a trench accident in New York City, you need to know that New York law offers some of the most robust protections for construction workers in the United States. An NYC trench accident lawyer will explain these rights to your situation, but the core idea is simple: property owners and general contractors have a direct responsibility to keep their sites safe.
A trench collapse case frequently involves several responsible parties, including the general contractor, the property owner, and sometimes even equipment manufacturers.
If a trenching accident on a construction site in New York City or Long Island has injured you or a member of your family, we can help. The Perecman Firm has been handling these specific and serious types of construction injury cases for over 40 years.
Call us directly at (212) 977-7033 for a free and confidential conversation about your situation.
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Why Families Trust The Perecman Firm After a Construction Accident
A Legacy of Representing New York's Workers
For more than four decades, our practice has focused on one thing: representing seriously injured workers and their families across New York City, Long Island, and the surrounding areas. We have recovered more than half a billion dollars for our clients, providing them with the financial security to piece their lives back together.
A Record of Results in Construction Cases
Our history of verdicts and settlements shows our commitment. We have secured significant results for construction workers, including a $19 million settlement for an ironworker and a $15.2 million jury verdict for a union sheet metal worker.
Our Commitment to You
- No Win, No Fee Guarantee: We handle all cases on a contingency fee basis. This means you pay us nothing unless we win your case.
- Direct Attorney Access: You will work directly with our attorneys, who will guide you through every step. Our team includes speakers of Spanish, Russian, Slovakian, and Polish to ensure you can communicate comfortably.
- We Handle Everything: From the first investigation to managing communications with insurance companies, our team takes on the legal burdens so you can focus on your health and your family. Our office at 250 West 57th Street is centrally located, just blocks from Columbus Circle and major subway lines, making it accessible for clients throughout the region.
What Compensation Can I Pursue in a Trench Accident Claim?
The goal of a personal injury claim is to secure financial resources to cover every loss the accident caused—both the ones with a clear price tag and the ones that are harder to quantify.
Economic Damages: The Measurable Financial Losses
These are the tangible costs that begin to pile up after a serious injury. We pursue payment for:
- All Medical Care: This covers every hospital bill, surgery, physical therapy session, prescription, and any future medical treatment you may need for the rest of your life.
- Lost Income and Earning Potential: Compensation for the wages you have already lost and, critically, for the income you will be unable to earn in the future if you cannot return to your previous job.
- Vocational Retraining: The costs tied to learning a new trade or skill if your injuries prevent you from continuing in construction.
- Out-of-Pocket Costs: Any other expense, from paying for transportation to medical appointments to the cost of modifications needed for your home, like a wheelchair ramp or an accessible bathroom.
Non-Economic Damages: The Human Cost of the Injury
These damages acknowledge the ways an injury rewrites every aspect of your life. They include:
- Pain and Suffering: For the physical pain and emotional trauma you have endured since the moment of the collapse.
- Loss of Enjoyment of Life: For the inability to take part in hobbies, sports, or family activities that once brought you joy.
- Emotional Anguish and PTSD: For the psychological impact of surviving a terrifying event like a trench collapse, which can include anxiety, depression, and post-traumatic stress disorder.
Punitive Damages: Holding Gross Negligence Accountable
In rare cases where a defendant's conduct was exceptionally reckless, a court may award punitive damages. This is not about covering your losses but about punishing the defendant and sending a clear message that such a disregard for safety will not be tolerated.
Trenching & Excavation Hazards on Long Island and NYC Construction Sites
Ceaseless development across Long Island and the five boroughs means that excavation work is a daily sight. From new housing developments in Nassau and Suffolk counties to major infrastructure projects under the streets of Manhattan, trenches are everywhere. Unfortunately, this frequency does not always lead to safety.
Where We See Accidents Happen Most Commonly
While a collapse can happen on any site, they frequently occur during:
- Utility and Infrastructure Projects: Along major transportation arteries like the Long Island Expressway (LIE), the Brooklyn-Queens Expressway (BQE), or Sunrise Highway, where aging pipes and cables are being replaced.
- New Residential and Commercial Construction: In rapidly growing areas across Long Island where new foundations and utility lines are being laid.
- Major Urban Development: On large-scale projects in NYC that require deep excavations for foundations and underground systems.
Factors That Increase Trench Collapse Risk in Our Area
The ground beneath our feet plays a large part in trench safety. Local conditions might make a dangerous situation even worse.
- Local Soil Conditions: Much of Long Island's soil is the result of glacial deposits, leaving behind sandy, silty, and loose soil. Without proper shoring and support, this soil easily gives way, especially after a heavy rainstorm.
- Seasonal Weather Cycles: The freeze-thaw cycles of a New York winter can destabilize the ground, making trench walls less secure. Heavy spring and summer rains could lead to water accumulation in a trench—a major warning sign of an impending collapse.
The Safety Rules Are Not Suggestions
The Occupational Safety and Health Administration (OSHA) has very specific and strict rules for trenching and excavation. These are mandatory safety standards designed to prevent the exact type of accident you experienced. OSHA requires protective systems for any trench 5 feet or deeper, unless it is dug entirely in stable rock. These systems include sloping the trench walls, shoring them with supports, or shielding workers with a trench box. Tragically, trench collapses remain a leading cause of death for construction workers, almost always because these clear safety rules were ignored.
What Are Your Rights Under New York's Construction Laws?
When a trench gives way, it is rarely a "freak accident." It is the direct result of a failure to follow established safety protocols.
Common Causes of Preventable Trench Collapses
- No Protective Systems: The most common cause—a failure to use trench boxes, shoring, or sloping to secure the walls as required by law.
- Spoil Piles Too Close: Placing the excavated dirt right next to the edge of the trench adds immense pressure and weight, inviting a collapse. OSHA requires these piles to be at least two feet from the edge.
- Failure to Inspect: The law requires a designated "competent person" to inspect the trench for safety hazards before every shift and after any event that could change conditions, like a rainstorm.
- Operating Heavy Equipment Nearby: The vibrations from heavy machinery can easily trigger a cave-in if equipment is operated too close to the trench edge.
The Devastating Injuries That Result
The human body is no match for the weight of collapsing earth. A single cubic yard of soil can weigh as much as a car. The injuries are often catastrophic and life-altering.
- Asphyxiation: The primary cause of death, as a worker is buried under soil and unable to breathe.
- Crushing Injuries: The sheer weight of the earth can cause catastrophic internal organ damage, compound fractures, and amputations.
- Spinal Cord and Brain Injuries: A worker can suffer paralysis or a traumatic brain injury from the force of the collapse or from being struck by falling objects.
Key Legal Protections for Injured Workers in New York
New York law provides several paths for injured workers to seek support and compensation.
- Workers' Compensation: This is the system that provides immediate medical benefits and partial wage replacement, regardless of who was at fault. However, it prevents you from suing your direct employer, and the benefits rarely cover the full financial and personal cost of a serious injury.
- Third-Party Liability Claims: This is the legal path to full and fair compensation. New York law allows you to file a personal injury lawsuit against negligent parties who are not your direct employer. This commonly includes the property owner and the general contractor.
- New York Labor Law § 241(6): This powerful law holds property owners and general contractors responsible for ensuring that construction and excavation sites are safe. A violation of a specific safety regulation, like the OSHA trenching standards, can be used to prove liability under this statute, making it a cornerstone of construction accident cases. This is a non-delegable duty, which means they cannot pass the responsibility to a subcontractor.
What to Do Immediately After a Trench Accident
- Seek Medical Attention Immediately: Your health is the first priority. Even if you feel your injuries are minor, get a full medical evaluation. Some serious conditions, like internal injuries or traumatic brain injuries, may not have immediate symptoms. A medical record is also a formal documentation of your injuries.
- Report the Accident: Inform your supervisor about the accident as soon as you are able. Make sure an official report is filed. This creates a record of the incident, which is important for both workers' compensation and any potential lawsuit.
- Document Everything You Can: If it is safe to do so, take pictures or videos of the accident scene with your phone. Get the names and contact information of any witnesses. Memories fade, but a photograph captures a moment in time.
- Do Not Give a Recorded Statement: The general contractor's insurance company will likely contact you and ask for a recorded statement. You are not obligated to provide one. Their goal is to find information they can use to minimize or deny your claim. You should have them speak to your attorney.
Frequently Asked Questions About Trench Accident Claims in NY
Can I sue if I'm already receiving workers' compensation benefits?
Yes. Workers' compensation prevents you from suing your direct employer, but it does not stop you from filing a third-party lawsuit against other responsible parties. In a trench collapse, this often includes the property owner, the general contractor, and sometimes engineers or equipment manufacturers who were negligent.
How long do I have to file a trench accident lawsuit in New York?
In most cases, the statute of limitations in New York for a personal injury claim is three years from the date of the accident. However, if a government entity is involved, the deadline is much shorter—you may have only 90 days to file a notice of claim. Because of these strict and sometimes confusing deadlines, it is important to speak with an attorney as soon as possible.
My employer said the collapse was just a freak accident. Can anyone still be held responsible?
There is almost no such thing as a "freak accident" when it comes to trench collapses. These events are nearly always preventable and happen because mandatory safety rules were broken. Under New York Labor Law § 241(6), owners and general contractors can be held responsible for violations of the state's industrial code, even if they didn't directly control the specific work that caused the collapse.
I am an undocumented worker. Do I still have rights if I was injured on a Long Island construction site?
Yes. Your immigration status has no bearing on your right to a safe workplace or your ability to file a personal injury claim in New York. All workers have the same legal protections under the law. We can protect your rights regardless of your immigration status.
What does a "competent person" mean in the context of OSHA trench safety?
An OSHA "competent person" is someone designated by the employer who is capable of identifying existing and predictable hazards in the trench and who has the authority to take prompt corrective measures to eliminate them. This person must be knowledgeable about soil types, protective systems, and OSHA standards. A failure to have such a person on-site is a serious safety violation.
Let Us Secure Your Family's Future
You do not have to face the legal and financial challenges alone. Our firm is here to lift that burden from your shoulders, allowing you to focus on what matters most: your recovery and your family.
If you were hurt in a trenching or excavation accident in NYC or on Long Island, let our decades of experience work for you. Contact our personal injury attorneys The Perecman Firm today at (212) 977-7033 or fill out our online form for a free, confidential review of your case.