Content reviewed by:
Alex Shulman
If you were injured in a trench collapse at work, you may be eligible for workers’ compensation and a separate claim against a responsible property owner or contractor. At Shulman & Hill Injury Lawyers, we investigate how the collapse happened and explain your options for pursuing benefits and compensation.
Our firm has recovered over $1 billion for clients across our practice. Working with a trench collapse accident lawyer in Staten Island from our team gives you access to attorneys experienced in New York Labor Law and construction injury claims. Past results do not predict the outcome of your case.
Contact a Staten Island workers’ compensation lawyer for a free, confidential consultation. We can review your accident, answer your questions, and explain the next steps.
How Trench Collapses Happen on Staten Island Jobsites
Trenching supports sewer repairs, utility installation, and foundation work throughout Staten Island. Sewer and water main projects in neighborhoods such as South Beach illustrate the excavation work required to maintain the borough’s infrastructure. Workers need appropriate protection wherever an excavation exposes them to unstable soil.
Conditions that can contribute to a collapse include:
- Missing or inadequate shoring, shielding, or sloping.
- Water accumulation and changes in soil conditions.
- Heavy equipment or excavated soil placed near the edge.
- Vibration from traffic or nearby construction.
- Failure to reassess conditions after rain or additional digging.
Even a partial cave-in can cause crushing injuries, fractures, breathing emergencies, or suffocation. Our Staten Island personal injury lawyers review the site conditions and each company’s responsibilities to determine whether a separate injury claim is available.
Safety Requirements for Trenching and Excavation
Safety rules address both the protective system and the conditions surrounding an excavation. We compare those requirements with the equipment, inspections, and work practices documented at your site.
Protection Against Cave-Ins
OSHA generally requires an adequate protective system unless the excavation is entirely in stable rock or is less than five feet deep and a competent person finds no indication of a potential cave-in. Depending on conditions, protection may involve sloping, shoring, or trench shields. A shallow trench is not automatically exempt.
Inspections and Changing Conditions
When worker exposure is reasonably anticipated, a competent person must inspect the excavation before work, as needed during the shift, and after rainstorms or other events that increase hazards. Applicable rules also address safe exits, accumulated water, and materials near the edge.
A safety violation can help explain a collapse, but it does not automatically establish civil liability. We must connect the applicable duty, the responsible party, and the failure that caused your injury.
Workers’ Compensation After a Trench Accident
Eligible employees can generally receive New York workers’ compensation for job-related injuries without proving employer negligence. Benefits may include necessary medical care, partial wage replacement, and benefits for qualifying permanent impairments. An insurer may dispute eligibility, treatment, or the extent of your disability.
You may receive medical benefits even if you continue working and lose no wages. Workers’ compensation does not pay for pain and suffering, and wage benefits do not necessarily replace your full earnings.
We help document your treatment needs and work restrictions, address contested benefits, and assess whether another party can be held responsible. Handling both types of claims allows us to consider how decisions in one may affect the other.
Who Can Be Held Responsible for a Trench Collapse?
Workers’ compensation generally limits lawsuits against your employer for a covered workplace injury. However, an owner, general contractor, or subcontractor outside your employer’s company may have separate legal duties. We examine those duties before recommending a lawsuit.
Claims Under Labor Law Section 241(6)
Section 241(6) may apply when a violation of a specific, applicable New York Industrial Code requirement causes an injury during covered excavation or construction work. Liability does not necessarily require that the covered owner or contractor supervised your work. Certain one- and two-family homeowners are exempt.
Our Staten Island trench collapse accident attorneys review the excavation methods and protective measures to identify any applicable Industrial Code violations. A company’s title on the project alone does not resolve whether it is liable.
Unsafe Work Methods and Property Conditions
Labor Law Section 200 and negligence claims involve different questions. When unsafe work methods caused the accident, authority to supervise or control that work is relevant. For a dangerous property condition, we examine whether the defendant created it or had actual or constructive notice of it.
What to Do After a Trench Collapse
Call 911 when emergency assistance is needed and stay clear of unstable ground. Do not enter a collapsed trench to retrieve belongings or attempt an untrained rescue. Tell medical providers that the accident happened at work and describe how you were injured.
Notify your employer in writing and retain a copy. An employer’s incident report does not necessarily complete your workers’ compensation filing requirements. Keep treatment records, work restrictions, and correspondence from the insurer together so they are available when needed.
Preserve photographs and witness information only when safe. Avoid guessing about the cause of the collapse. We can investigate site conditions and request records without requiring you to return to a dangerous location.
How Our Staten Island Trench Collapse Accident Lawyers Build Your Case
A trench may be filled, repaired, or reopened shortly after a collapse. Our investigation seeks to document its condition before those changes obscure what happened.
Depending on the case, we may obtain:
- Photographs showing trench depth, wall conditions, and protective systems.
- Soil assessments, excavation plans, and inspection logs.
- Records of equipment placement and water-control measures.
- Contracts identifying each company’s work and responsibilities.
- Witness accounts, safety communications, and available OSHA findings.
We compare this evidence with medical and employment records to establish how the collapse affected you. When technical questions arise, we can consult qualified professionals about soil stability, protective systems, or the cause of the failure.
Compensation Beyond Workers’ Compensation Benefits
A successful third-party claim may provide compensation for medical expenses, lost earnings, reduced earning capacity, and pain and suffering. Future care and permanent restrictions need supporting evidence. We consider those needs alongside your existing bills when evaluating a settlement.
The workers’ compensation insurer may have repayment rights against a recovery and a credit affecting future benefits. Settling without required insurer consent or court approval can put benefits at risk. We address these obligations before you agree to resolve the lawsuit.
Deadlines for Staten Island Trench Injury Claims
New York generally requires written notice to your employer within 30 days and a workers’ compensation filing with the Board within two years. Exceptions apply, but reporting the accident and filing the claim are separate steps.
Many personal injury lawsuits must be filed within three years. Claims against public entities can involve a 90-day notice requirement and shorter lawsuit deadlines. We review the parties and claims to identify applicable deadlines, even while your workers’ compensation case remains open.
Contact Our Staten Island Trench Collapse Attorneys at Shulman & Hill About Your Injury
Our experience with New York Labor Law and construction injuries helps us assess both workplace benefits and potential lawsuits after a cave-in. We will explain what the evidence supports and answer your questions about pursuing a claim.
Arrange a free, confidential consultation with a trench collapse accident attorney in Staten Island at Shulman & Hill. We handle injury cases on contingency and can travel for consultations. You can contact us before gathering every report or identifying who caused the collapse.
