New York City Trench Accident Lawyer
When thinking of construction in New York City, one might think about the high-rise buildings and building platforms multiples stories aboveground. However, there are other dangerous places where construction workers must go, including trenches below ground level. Trenches and excavations are widely used on construction sites, sometimes to access plumbing or electrical works or even for foundations or retaining walls.
Trench accidents or collapses can be extremely dangerous, causing serious injury or even death. According to the National Institute for Occupational Safety and Health (NIOSH), from 2003 to 2017 there were a total of 373 trenching fatalities, more than 80 percent of these occurring in the construction industry. Many trenching companies and contractors fail to follow the proper safety precautions to keep workers safe in trenches.
If you or your loved one has been injured in a trench accident, you may be entitled to financial compensation. Hill & Moin, with more than 50 years of combined experience helping accident victims win fair compensation, has obtained more than $200 million dollars in awards and settlements for our clients. If you suffered due to a trench collapse accident, you too can get what you deserve – first, call (212) 668-6000.
Common Types of Trench Accidents in NYC
New York City is built on a complex network of systems located belowground. In order to access pipes, build foundations, or build new structures, trenches are necessary. Various security measures are supposed to be followed when working in trenches – including angling the walls, shoring up the sides of the trench, or carving steps into the sides. Trenches must be checked regularly by a qualified person who can make sure that they are safe and not at risk of a cave-in.
Even with rules in place, safety protocol may not always be followed carefully enough, resulting in trench accidents. Some of the main causes of soil slides or cave-in trench accidents are:
- Failure to properly inspect the trench and analyze the soil conditions
- Weather changes, altering ground conditions
- Lack of protective system to prevent slides or cave-ins
- Placement of excavated soil too close to the edge of the trench
While most trench accidents and fatalities are caused by collapses or cave-ins, there are other instances that pose a threat of injury to trench workers. Some of these are:
- Persons or equipment falling into the trench
- Equipment malfunction or explosions
- Contact with electrical wires or inhalation of toxic fumes
If you or your loved ones were hurt in a trench accident, our lawyers may be able to help you find out what happened. That way, we can hold everyone who was responsible financially accountable. You and your family deserve justice for what you have gone through. Don’t hesitate to call Hill & Moin, LLP, for your free consultation.
Trench Accident-Related Injuries
In the event of a trench or excavation site accident, the risk of injury for workers inside the trench is extremely high. According to the Occupational Safety and Health Administration (OSHA), the fatality rate for trench and excavation-related deaths is 112 percent higher than the rate in general construction. Soil can weigh more than 3,000 pounds per cubic yard, which is the equivalent to the weight of a small car, potentially causing extensive damage when it collapses on top of workers in trenches.
Trench accidents can result in numerous serious injuries, including:
- Traumatic brain injuries (TBI)
- Spinal cord damage
- Crush-related injuries
- Lung injuries
- Broken bones
- Soft tissue injuries
- Internal organ damage
- Blunt force injuries
After a traumatic experience such as a trench accident injury, you may not know where to turn for help. You need a personal injury lawyer who knows New York law and will fight on behalf of their clients’ rights.
That’s where Hill & Moin comes in – we are a passionate, experienced law firm offering legal solutions that can change our clients’ lives. We are available for free initial consultations, so call us anytime today to get started on your case!
How Workers’ Compensation is Handled in New York
When an injury occurs at work, such as in the case of a trench accident on a construction job site, it is usually in the injured employee’s best interest to file a workers’ compensation claim.
The goal of this claim is to get the worker financial compensation to help him or her deal with the loss of income, medical expenses, and even long-term disability faced after a workplace injury. Nevertheless, getting a workers’ compensation claim approved and receiving the full amount that you are due can be a long and tedious process.
In New York, workers’ compensation laws dictate that the amount awarded for your claim depends on a few factors:
- The severity of your injuries
- The possibility of permanent disability or disfigurement, and the degree of such
- The possibility of returning to your normal duties after your injuries are healed
These factors will play a role in your maximum payout. As for weekly workers’ compensation benefits, the limit is two-thirds of your regular wage.
Filing for workers’ compensation on your own can be extremely daunting. Considering the pain and suffering you’re likely dealing with, the last thing that you need to be facing is paperwork and legalese surrounding workers’ compensation claims. We can help ease this burden and make sure that you get maximum compensation.
Many try to file their workers’ comp claims on their own only to be denied and forced back to square one. But seeking the advice of an experienced New York City workers’ compensation attorney gives you a higher chance of getting the benefits you deserve the first time around. If you would like to know more about how to get started filing a successful workers’ comp claim, contact Hill & Moin, LLP, today.
What to Do After a Trench Accident
In the immediate aftermath of a serious trench accident, it may be unclear what steps you should take in order to move forward. What you do in this critical time period after your injury can play a role in your physical and financial recovery. Construction workers in New York who are hurt on the job generally have the right to workers’ compensation.
Workers’ compensation insurance is paid by your employer into an insurance fund. When an injury occurs, the workers’ compensation insurance company pays the injured employee a portion of lost wages and covers an amount of medical bills.
Unfortunately, the process is not always so straightforward. You must be prepared to do the following in the event of a trench accident at your workplace that results in your injury:
- Seek medical treatment by a health care provider certified by the Workers’ Compensation Board
- Notify your employer of your condition as soon as possible
- Keep all paperwork and reports for your records
- File a workers’ compensation claim
- Consult with a qualified workplace injury attorney who can give you advice on how to get the maximum compensation available to you
By following all of the steps on the list above, you can increase your chances of a successful outcome in your personal injury and/or workers’ compensation claim. Of course, every situation is different, so the exact ideal course of action may vary. To learn how you can optimize your financial recovery possibilities, speak to an experienced New York personal injury lawyer.
Compensation Options in NYC Trench Accidents
While most trench accidents occur at the construction workplace and therefore should be covered by the employer’s workers’ compensation insurance, there are some instances where a third party may be responsible – for instance, property owners, engineers, general contractors, or a manufacturer of defective equipment. There may even be a time when multiple parties can be held responsible.
In order to know what is true in your case, you should speak with a personal injury lawyer. Either through workers’ compensation payouts or by means of a personal injury lawsuit settlement, you want to be sure that you are getting the maximum compensation for your case.
That may include some or all of the following things:
- Medical bills including past and future
- Loss of earning ability
- Ongoing therapy costs
- Medical devices or modifications to your home
- Long-term care
- Diminished quality of life
- Wrongful death payments to the family of the victim
These and many more benefits may be available to you after your trench accident. The amount of compensation is calculated on an individual basis, but insurance companies first offer much less than the appropriate financial settlement.
In order to know what your case is worth and to be sure that you are getting the maximum compensation that you are entitled to, it’s important to speak to a qualified personal injury lawyer with experience handling construction and other workplace injuries.
What a Lawyer Can Do For You
When you’re dealing with the aftermath of a serious trench or other construction accident, you may be feeling overwhelmed. It would be tempting to just accept whatever the workers’ compensation insurance offers you and move on with your life, fighting medical debt and other uncovered costs on your own. However, a trench accident lawyer can help you to be sure that you are getting everything you are entitled to in order to aid your family and your recovery.
At Hill & Moin, our lawyers advocate fiercely for each and every client. We know that every accident victim is different, and we keep our central goal in mind every step of the way – to get you the best results possible.
We can handle every aspect of your case, including:
- Visiting the accident scene
- Interviewing witnesses
- Investigating and examining accident reports
- Hiring the most qualified expert witnesses to testify
- Sparring with construction or insurance companies that deny blame
- Fighting for your right to fair compensation
An experienced New York personal injury lawyer can do all of this and more in order to make your life easier while you focus on what matters most – your recovery. The New York Law Firm of Hill & Moin already helped clients recover millions for their injuries, and we can help you too. If you were hurt in a trench accident, don’t hesitate to reach out for a free consultation today.
Experienced New York Workplace Accident Attorneys
If you or your loved one has been injured in a trench accident in New York City, you should be confident that you are getting the best recovery possible without worrying about your financial security. A personal injury attorney can help you to ensure you are getting the maximum compensation available by law.
At Hill & Moin, LLP, we are passionate about helping our clients get the compensation they deserve. As some of our clients have said, working with us is “like having a lawyer in the family.” In other words, we empathize with your needs and can help you pursue legal remedies for the compensation you deserve.
You also deserve professionalism, and as our firm is among the top 5 percent of New York lawyers, we are exactly that! Contact us to learn what our team of “Super Lawyers” can do for you.
For one thing, we offer free case evaluations with absolutely no risk to you. There are no fees, and even if you are an undocumented worker, you can rest assured that we can help you win compensation without fear of deportation.
After a trench accident or other personal injury whether in the construction industry or another industry, the accident victim is usually eligible to seek compensation from the person responsible for causing the damage. If you think this is true in your case, then don’t delay – call Hill & Moin today at 212-668-6000.
At Hill & Moin, we spend every day working hard for our clients’ rights. With your best interests in mind, we can find you the best possible Personal Injury Recovery SolutionsⓇ.
Don’t wonder about your rights!