Content reviewed by:
Alex Shulman
Property owners and general contractors are often liable for trench collapse and other unsafe excavation injuries under New York Labor Laws. They are strictly liable, which means they are responsible for injuries that occur even if they were not directly supervising the site.
Labor Laws outline exceptions to the criteria for filing for Workers’ Compensation benefits, which prohibit an employee from suing their employer. If you are injured under certain conditions, such as trench collapse, you may have a lawsuit in addition to a Workers’ Compensation claim.
If you have been hurt in a workplace accident, it’s smart to speak with an attorney. Our team has recovered more than $1 billion on behalf of injured New Yorkers. Call for a free consultation and learn more about how New York City Workers’ Compensation lawyers can help you.
What Is a Trench Collapse?
Trench collapse and cave-ins happen when the walls of an excavation site fail. Because these accidents happen so quickly, workers have little time to escape. They are among the deadliest construction accidents, but they are preventable. Victims suffer injuries such as:
- Crushing injuries and internal damage
- Traumatic brain injuries
- Spinal cord injuries and paralysis
- Suffocation or asphyxiation
In New York, laws and safety regulations provide powerful protections for injured workers. When contractors, property owners, or other parties fail to follow excavation safety standards, they can and should be held liable. If you’ve been hurt, it’s a good idea to get legal help.
When Should You Talk to a Lawyer?
If you simply intend to file a Worker’s Compensation claim for your injury, you may not require legal help. Workers’ Comp in New York is a no-fault system designed to get you the benefits you need without the need to prove negligence on the part of your employer.
However, if you intend to pursue additional legal action, if your Workers’ Compensation is denied, or if you have been treated unfairly, reach out to our legal team immediately. We can help you appeal a denial so you can get the Worker’s Compensation benefits you are entitled to.
We can also explain New York Labor Laws, and in many cases, we can help you file a lawsuit against a liable party to recover additional compensation. Workplace injuries are complicated. Get the help you need to fully cover the hardships you and your family have suffered.
Which Laws Outline Who’s Liable for Unsafe Excavation in NY?
New York Labor Laws, specifically those that address construction injuries, hold property owners and managers accountable for maintaining a safe worksite. Under these laws and other regulations, those who are potentially liable for trench collapse injury include:
- Property Owners
- General Contractors
- Excavation Contractors and Subcontractors
- Engineers and Design Professionals
New York Labor Law § 241(6)
New York Labor Law § 241(6) requires owners and general contractors to ensure construction work complies with specific safety rules in the New York Industrial Code. In trench collapse cases, liability occurs when regulations such as those related to shoring, sloping, or trench boxes are violated.
If you are injured in an accident, you must identify the specific rule that was violated and show that the violation caused the collapse. Comparative fault applies to these cases, so your damages can be reduced if you were partly responsible for your accident and injuries.
New York Labor Law § 200
New York Labor Law § 200 outlines the common law duty of owners and contractors to maintain a safe worksite. If you are injured because of dangerous site conditions like unstable soil or a lack of shoring, the owner or contractor could be liable if they created the issue or knew about it and did not correct it.
Unlike with New York Labor Law § 241(6), a successful claim requires proving negligence. Contractors and owners are only liable for your injuries if they had supervisory control over the site.
OSHA Regulations
As a federal agency that sets workplace safety standards, the Occupational Safety and Health Administration (OSHA) includes safety regulations for excavation and trench work. Violating OSHA rules does not automatically prove fault, but it can show that working conditions were not safe.
Under 29 CFR 1926 Subpart P, employers must use protective systems such as sloping, shoring, or trench boxes in trenches five feet or deeper, unless stable rock is present. A competent person must inspect the site each day and after potentially destabilizing events like heavy rain.
Get Help When You Have Been Injured at Work
Those liable for trench collapse injuries and unsafe excavation in NY potentially include property owners, contractors, subcontractors, and engineers. To prove responsibility beyond a standard Workers’ Compensation claim, you must show they violated specific Labor Laws.
Despite well-established safety standards, trench accidents continue to happen, often with devastating consequences. Most of these incidents are preventable when those in charge follow regulations safely and take proper precautions. When they don’t, call our legal team.
Our team at Shulman & Hill has over 200 years of combined legal experience, advocating for injured accident victims. Every Borough, Every Block, New York, We Got You. Call today for your free consultation and tell us how your injuries happened.
