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Posted in Construction Accidents on January 5, 2022
According to news reports, a Bronx construction worker was buried in a trench collapse. The collapse occurred at a worksite on Mosholu Avenue in the Riverdale Section.
Firefighters arrived at the scene just after 9:00 a.m. They discovered a construction worker trapped in the trench and buried up to his waist.
An estimated 20 units and 100 firefighters were on the scene. They used a tower ladder extended over the 10-foot trench to stabilize the construction worker while trying to free him from the trench collapse. The construction worker was clearing a waste pipeline at the time of the trench collapse.
Reports stated that the worker responded to firefighters during the rescue. Con Edison used a vacuum truck to remove dirt and debris to help firefighters in their efforts to free the construction worker.
The rescue took roughly two hours, but firefighters were able to free the construction worker. He was transported to Jacobi Hospital in serious but stable condition.
Trenches allow construction workers to build foundations, lay pipes, and access underground systems that operate throughout the city. Unfortunately, trench work can be dangerous.
OSHA provides detailed information about trenching and excavation safety for construction workers and employers. One of the most common factors in the cause of trench accidents is failing to follow safety measures for trenching.
For example, installing adequate protective systems to prevent trench cave-ins and collapses is essential for protecting workers from injuries and fatal accidents. Protective systems should be chosen based on the type of trench, the soil conditions, and other factors.
A lack of ramps, steps, ladders, and other exits can also contribute to the cause of trench accidents. Workers must have a safe way to enter and exit the trench, especially when workers need to evacuate the trench quickly because of a trench accident.
Lack of inspections is another common factor in trench accidents. New York laws require trench inspections each day before workers enter the trench and after any weather event that could compromise trench safety. Failing to conduct adequate inspections could place workers at risk of death or injury from trench accidents.
Defective equipment, failing to analyze the soil, and placing excavated soil close to the sides of the trench could also cause a trench collapse.
Trench workers may be injured because of cave-ins or collapses. However, they also face risks from drowning, falls, explosions, equipment malfunction, defective tools, and coming into contact with electrical wires. As a result, construction workers who perform trench work have a high risk of injury.
Injuries caused by trench collapses and accidents include:
Life-threatening injuries can result in wrongful death. Workers injured on the job generally receive workers’ compensation benefits. However, workers’ comp benefits do not compensate injured workers for all damages caused by a workplace accident.
For example, wage reimbursement is limited and might not cover all loss of income. You may not receive adequate compensation for permanent impairments, ongoing expenses for your care, and future lost wages.
However, you could be entitled to additional compensation by filing a third-party claim.
Another party could be liable for damages caused by a trench accident or other construction accident in New York City. Parties that could be responsible for your damages include:
If you can prove a third party was responsible for causing the trench collapse, you could recover additional compensation. The amount of compensation you receive depends on the facts of your case. However, you could recover damages, including:
These damages are not covered by workers’ compensation. Wrongful death claims can result in additional compensation for family members above what workers’ compensation pays for death benefits.
However, unlike workers’ compensation claims, you must prove negligence and liability to recover compensation from a third party. Therefore, you need evidence to prove the legal elements of a negligence claim. A personal injury lawyer investigates the accident to identify the liable parties and gather evidence proving causation, fault, and liability.
You deserve fair compensation for a trench accident. Before you settle your claim or assume you are only entitled to workers’ comp benefits, speak with a lawyer to explore all your legal options. You do not want to give up the money you are entitled to receive for injuries sustained in a trench collapse.
If you need legal assistance, contact an NYC construction accident lawyer at the Law Offices of Jay S. Knispel Personal Injury Lawyers at your nearest location to schedule a free consultation.
We have two convenient locations in New York:
Law Offices of Jay S. Knispel Personal Injury Lawyers – New York City Office
450 7th Ave #409
New York, NY 10123
Law Offices of Jay S. Knispel Personal Injury Lawyers – Brooklyn Office
26 Court St Suite 2511
Brooklyn, NY 11242