New York Construction Accidents – Excavation Equipment

By Michael Joseph on November 11, 2009

As a New York construction accident lawyer, I have handled countless construction accident cases in New York and Westchester. I have handled construction accident cases in the Bronx, Brooklyn, Manhattan, Queens, White Plains, Yonkers, Ossining, New Rochelle, and Rockland County.

Accidents involving excavation equipment usually fall under Labor Law 241. Labor Law 241 requires that all workers performing excavation be provided proper protection. To establish a violation of the law, there must be a violation of a concrete provision of the New York Industrial Code. Excavation accidents often involve serious injuries and even death.

There are several sections of the New York Industrial Code which apply to construction accidents involving excavation equipment. One such provision requires the general contractor to keep workers at a distance from excavation equipment, such that they cannot be struck, although the New York Courts are split as to whether this provision is a “concrete” provision. Also the regulations require that only the pitman and excavation crew be in the vicinity of the excavation equipment’s swing radius.

Other requirements require the blade or claw to remain on the ground or at grade when not in use. Another regulation requires that when the operator of the machine remain at the controls when a load is being handled. Another regulation requires that the operator of the excavation machine remain at the controls while the master clutch and engine is engaged.

A violation of any of these regulations creates liability under Labor Law 241. Michael Joseph handles construction accidents in New York, the Bronx, Brooklyn, Manhattan, Westchester, Rockland, White Plains, Yonkers, New Rochelle, Mamaroneck, Ossining and Queens.

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