Gorayeb & Associates' team of New York excavation site accident lawyers provides exceptional legal counsel to individuals injured in construction-related incidents. It ensures they receive the maximum compensation they're entitled to by law.
This article will cover crucial aspects of compensation for excavation work accidents on a construction site. Covering topics such as:
- How Can Construction Site Injury Attorneys in New York Help You?
- When You Hire Gorayeb & Associates, You Don't Pay Directly Out of Pocket
- How Much Money Can I Win for a Construction Zone Injury?
- What Is a Construction Excavation?
- Top 5 Causes of an Excavation Accident
- Primary Risks Faced by a Worker in an Excavation
- Types of Machinery Involved in an Excavation
- What Are the Rights of Construction Workers in New York?
- Your best option
If you were injured in a construction accident, you might be entitled to compensation. This is the first and most important information you should know: anyone, regardless of migration status, hurt in a construction accident deserves compensation. You must have expert heavy equipment accident lawyers to navigate legal proceedings effectively and get the highest possible compensation.
Gorayeb & Associates have secured over a billion dollars in client compensation. You can request a free consultation now. Our team of mining site injury attorneys is available 24/7 to assist you.
How Can Construction Site Injury Attorneys in New York Help You?
Have you been injured in an excavation accident in New York? Then, it’s crucial to have expert legal representation to protect your rights and obtain the maximum compensation possible.
At Gorayeb & Associates, our expert construction and trenching accident lawyers have the experience and knowledge to help you navigate this complex process and achieve the best possible outcome for your case.
When handling your excavation accident case, we use the following result-proven procedure:
1. Free consultation and case evaluation.
We thoroughly analyze the circumstances of your accident;
Evaluate the viability of your case and potential compensations;
Explain your rights and legal options.
2. Comprehensive investigation.
We gather all relevant evidence, such as accident reports, witness testimonies, and medical records;
Identify all liable parties;
Build a solid legal case to support your claim.
3. Negotiation with insurance companies.
We fight to secure the maximum possible compensation from the insurance company.
We won't settle for less than you deserve.
4. Representation in court.
If necessary, our team of highly experienced litigation attorneys will take your case to trial to seek justice.
5. Ongoing support.
We accompany you throughout the whole legal process;
Ensure that all agreements are upheld;
Help you obtain the medical care and rehabilitation you need.
When You Hire Gorayeb & Associates, You Don’t Pay Directly Out of Pocket
When you hire Gorayeb & Associates, you don't pay anything out of your pocket. Our expert trenching, excavation, and construction site injury attorneys operate on a contingency fee basis.
Here's how it works:
- We cover the overall costs of handling your case.
- If we win, we receive a percentage of your compensation.
- Therefore, you won't have to make any direct payments from your pocket for legal representation.
How Much Money Can I Win for a Construction Zone Injury?
The amount of money you can win in a construction accident case in New York depends on the specifics of your case and its impact. To calculate the final compensation amount, digging site injury attorneys consider factors such as the severity of the injuries, recovery time, and a combination of economic and non-economic benefits.
Here's a detailed description of the benefits that may be considered in compensation:
1. Medical expenses:
Covering all current and future medical costs related to the injuries suffered in the accident. This includes:
- Hospitalizations.
- Surgeries.
- Medications.
- Physical rehabilitation and/or occupational therapy.
- Prosthetics and assistive devices.
- Travel expenses related to medical treatment.
- Home nursing care.
- Any other necessary medical treatment.
2. Lost wages:
Compensation for lost income during recovery when you couldn't work due to the injuries. This may also include:
- Base salary.
- Overtime hours.
- Bonuses.
- Commissions.
- Loss of self-employment income.
- Loss of future earning capacity if the injuries affect your ability to work long-term.
3. Rehabilitation expenses:
Covering the costs of any physical therapy or rehabilitation needed to regain mobility and functionality after the accident. This may include:
- Physical therapy.
- Occupational therapy.
- Speech therapy.
- Vocational rehabilitation.
- Psychological and/or psychiatric therapy.
4. Pain and suffering:
Compensation for emotional and psychological injuries caused by the injuries, such as:
- Depression.
- Anxiety.
- Psychological trauma.
- Emotional stress.
- Insomnia.
- Loss of self-esteem.
- Chronic pain.
5. Loss of consortium:
Compensation for the loss of companionship, support, and affection due to the injuries suffered. This may include:
- Loss of marital relationship.
- Loss of relationship with children.
- Loss of ability to provide emotional support.
- Loss of ability to perform household tasks.
- Loss of ability to have or enjoy sexual relations.
- Loss of ability to bear children.
- Loss of comfort.
6. Loss of enjoyment of life:
Compensation for the inability to participate in life activities and pleasures enjoyed before the accident. This may include:
- Playing sports.
- Traveling.
- Spending time with friends and family.
- Engaging in hobbies.
- Enjoying outdoor activities.
What Is a Construction Excavation?
Excavations on construction sites are crucial for building projects, serving as the initial step in preparing the ground for construction. They are defined as any artificially created depression or hole in the ground that exceeds a depth of 1.20 meters. These excavations can take various forms depending on the specific requirements of the project:
- Trenches
- Pits
- Foundations
- Tunnels
- Earth Removal for Road Construction
Regardless of the type, excavations must be carefully planned and executed to ensure the safety of workers and the stability of surrounding structures. Factors such as soil stability, groundwater levels, nearby structures, and potential hazards must be considered during excavation. Proper shoring, bracing, or other support systems may also be necessary to prevent collapses or cave-ins.
Top 5 Causes of an Excavation Accident
Excavations are crucial to construction projects, from laying pipes to building foundations. It involves heavy machinery and specialized work. Therefore, even a minor mishap can lead to a severe accident.
Here are the five leading causes of accidents in construction excavations:
1. Inadequate planning and design:
Lack of risk analysis: Before starting any excavation, it's essential to thoroughly analyze the terrain, weather conditions, and potential hazards.
Poor excavation design: An engineer or qualified professional should carefully design the depth, slope, and shape of the excavation, considering the soil type and forces acting upon it. An inadequate design can increase the risk of cave-ins.
Lack of shoring: Shoring involves installing support structures like props, struts, and sheet piles, which are crucial for preventing collapses in deep excavations or unstable soil.
2. Excavating in hazardous conditions:
Ignoring soil conditions: Excavating in unstable terrains like sandy, clayey, or water-saturated soil increases the risk of collapses. Workers should be trained to identify and communicate risky conditions to their supervisors.
Excavating near existing structures: Excavating too close to buildings, pipes, or other structures can damage or cause them to collapse.
3. Defective or inadequate equipment and lack of training:
Use of poorly maintained machinery: Operating excavators, backhoes, or other machines with defects or without proper maintenance increases the risk of mechanical accidents.
Choosing the wrong machinery: Selecting an excavator or tool unsuitable for soil type, excavation depth, or site conditions can heighten accident risk.
Lack of machinery operation training: Workers operating excavation machinery should receive specific safety training and be certified to operate it safely Lack of exercise can lead to operational mistakes and serious accidents.
4. Lack of supervision and communication:
Inadequate supervision: A qualified supervisor should always be present during excavation to monitor site conditions, worker safety, and procedure compliance.
Poor communication: Effective communication among workers, supervisors, and site personnel regarding risks, work conditions, and any changes in excavation plans is crucial.
5. Lack of personal protective measures:
Failure to use personal protective equipment (PPE): Supervisors must ensure workers wear helmets, safety boots, goggles, harnesses, and other appropriate PPE to protect themselves in case of accidents.
Inadequate safety training: Workers should receive regular training on excavation risks, safety measures, and emergency procedures.
Primary Risks Faced by a Worker in an Excavation
Some of the risks faced by workers when working in excavation on a construction site include:
1. Cave-ins:
Earth collapses are one of the main risks in excavations, especially if proper shoring is not done or the terrain is unstable. These incidents can bury workers and cause them serious injuries or even death.
2. Falls:
Workers may fall into the excavation or be struck by falling objects. Falls can result in fractures, head injuries, and other serious injuries.
3. Electrocution:
When an electric cable is damaged during excavation, a worker is at risk of electrocution, which can cause severe injuries or be fatal.
4. Entrapment:
Workers can be trapped underground when a collapse occurs. Entrapments can be distressing and lead to crush injuries or asphyxiation.
5. Exposure to hazardous substances:
During excavation, workers may be exposed to gases or chemicals. Exposure to these substances can cause respiratory problems, poisoning, chemical burns, cancer, or even death.
Types of Machinery Involved in an Excavation
Various machinery is used in construction to carry out the different tasks involved. Some of the main types of machinery used in construction are:
1. Excavators:
- Function: Excavating and moving earth, sand, stones, and other materials.
- Types: Crawler excavators, wheeled excavators, mini-excavators.
- Characteristics: Hydraulic machines with an articulated arm and a bucket at the tip.
2. Backhoes:
- Function: Excavating, loading, and transporting materials.
- Characteristics: This is a versatile machine with an articulated arm, a bucket at the back, and a loader bucket at the front.
3. Dump trucks:
- Function: Transporting excavated materials, earth, stones, and other materials to different locations on and off-site.
- Characteristics: Trucks with a tipping box that lifts to unload the material.
4. Cranes:
- Function: Lifting and moving heavy loads, such as steel beams, prefabricated elements, machinery, and construction materials.
- Types: Tower cranes, mobile cranes, jib cranes.
- Characteristics: Machines with a long arm and a boom that can rotate 360 degrees.
5. Compactors:
- Function: Compacting soil, earth, and other materials to increase their density and strength.
- Types: Vibratory rollers, pneumatic rollers, sheepsfoot rollers.
- Characteristics: Heavy machines with a rotating drum that crushes and compacts the material.
6. Concrete mixers:
- Function: Mixing cement, water, sand, and gravel to produce concrete.
- Types: Truck mixers, stationary mixers.
- Characteristics: Machines with a rotating drum that mixes the materials until a homogeneous mixture is obtained.
7. Concrete pumps:
- Function: Transporting concrete from the mixer to the pouring site.
- Characteristics: Machines that pump concrete through pipes.
8. Scaffolds:
- Function: Providing a safe working platform for workers at height.
- Types: Tubular scaffolds, scissor scaffolds, hanging scaffolds.
- Characteristics: Dismountable metal structures composed of tubes and platforms.
9. Shears and cutters:
- Function: Cutting metal, rods, cables, and other materials.
- Types: Hydraulic shears, manual shears, disc cutters.
- Characteristics: Electric or manual tools that cut using pressure or blades.
10. Pneumatic hammers:
- Function: Demolishing structures, breaking concrete, excavating in rugged terrain.
- Characteristics: Pneumatic tools that strike with great force using a piston.
If you were hurt in an accident involving these types of heavy machinery, our occupational hazard lawyers for excavation sites can help you get the justice you deserve.
What Are the Rights of Construction Workers in New York?
As a construction worker in New York, you have rights. The state's Labor Law, in sections 240 and 241, establishes the following:
- Right to a safe and healthy workplace.
- Right to receive necessary protective equipment free of charge to perform your job safely.
- Right to receive training on operating machinery and tools in a language you understand best.
Additionally, you have the right to report unsafe working conditions to OSHA. You can do this anonymously, and your personal information will be protected under the federal whistleblower protection program.
If you are a victim of a construction accident, Gorayeb & Associates' construction site injury attorneys will guide, support, and fight for the compensation you deserve.
In Construction Accidents, the workers’ lawyers, Gorayeb & Associates, are Your Best Option
Securing the maximum compensation possible in a construction accident case largely depends on having the assistance of a stellar legal team with a proven success record in labor injury cases.
We have been winning labor injury cases for workers in New York for over 35 years. We have developed the Gorayeb Community Center in Queens to provide helpful resources, primarily focused on defending construction workers and coordinating multiple training courses.
If you or someone you know suffered a work injury, Gorayeb & Associates' excavation site accident lawyers in New York are ready to help you. Get a free consultation by filling out this form. We're here to assist you 24/7. Regarding construction accidents, the workers’ lawyers, Gorayeb & Associates, are your best choice.
