Due to the use of heavy equipment and work on unstable surfaces, excavation and trenching work can cause construction workers to suffer debilitating injuries when accidents occur. An injury suffered in a trenching accident can force construction workers to miss long stretches of work, face costly medical bills that may not be covered by insurance, and be left with lasting physical and emotional pain. New York law allows construction workers who have been injured in an excavation or trenching accident to file a lawsuit if another individual's negligence caused their injury. As a result, it is important for individuals who have been injured in an excavation or trenching accident to seek the counsel of a skilled construction accident attorney. At Queller, Fisher, Washor, Fuchs & Kool, our attorneys have decades of combined experience handling construction accident lawsuits. We have secured our clients a number of favorable verdicts and settlements, including several numbering in the millions of dollars.
If you or someone you love has sustained an injury in an excavation or trenching accident, you may have legal recourse. To see how an attorney from Queller, Fisher, Washor, Fuchs & Kool may be able to help you, call 212.406.1700 or contact us online. We will review your claim at no cost and see if we may be able to recover you compensation for your injuries.Do You Have a Valid Claim?
Construction workers who have suffered an injury during excavation or trenching may be able to file a lawsuit for the following:
The General Contractor or Property Owner Violated New York Labor Law 241 (6): When an injury occurs during the demolition or construction of a building or during excavation work, New York Labor Law 241 (6) places vicarious liability on the owner or general contractor when they violate a specific safety rule of rule 23 of the Industrial Code. The Industrial Code charges property owners with maintaining a safe work environment and adequate safety practices. Examples of violating the Industrial Code can range from unsafe worksite practices to lacking the right equipment or using faulty equipment.
The Construction Worker was Injured Due to a Fall From Elevation or was Struck By an Object Falling From an Elevated Area: Construction workers who have been injured in an excavation or trenching accident may have a valid claim under New York Labor Law 240 (1), better known as the "Scaffold Law." The Scaffold Law allows construction workers to be compensated for injuries resulting from an elevated fall or an object falling from elevation. Labor Law 240 (1) can be applied to trenching in circumstances where an object falls and hits a worker in the trench, causing injury. This law may also be applied when a worker suffers an injury after falling into a trench.
The Injury Was Caused Due to Negligence: Injured construction workers may also be able to file a negligence lawsuit when an individual or entity breaches a duty of care resulting in the injury of a worker. A duty of care is a legal obligation to act a certain way in a dangerous situation. When the duty of care is breached and injury results, the party who failed to act with care may be liable. In order to have a valid claim, however, the breach of duty must have directly caused the damaging injury.Call a New York Excavation Accident Attorney
Due to the statute of limitations, it is important that construction workers injured in an excavation or trenching accident seek legal counsel as soon as possible. The statute of limitations is a law that actually limits the time period that the injured party has to file a claim. Failure to file a claim before the statute of limitations expires can cause victims to be forever barred from obtaining the compensation they may be eligible to receive. At Queller, Fisher, Washor, Fuchs & Kool, we handle all of our claims in a timely matter so that our clients have the opportunity to receive the compensation they may be entitled.
Have you or someone you love suffered an injury in a construction accident? If so, you may be able to file a claim to recoup damages. For a free, no obligation consultation, call 212.406.1700 or contact us online. Queller, Fisher, Washor, Fuchs & Kool will review your claim to see how we may be able to help you.