Worker Trapped In Trench At Construction Site In Westchester By Michael Joseph on June 13, 2021

For decades our Westchester construction accident lawyers have fought to make sure construction workers who are injured in worksite accidents get the compensation that they deserve.  May 4, 2021, was another tragic day at a Mamaroneck, New York construction site, in Westchester County. Rescue crews are on the scene of a rescue/recovery effort in Westchester County after a construction worker became trapped beneath 10 feet of dirt when a trench collapsed at a construction site. The incident began around 12:30 p.m. on Tuesday, May 4, on Shore Acres Drive in the Village of Mamaroneck, according to the Village of Mamaroneck Police Department.

Emergency crews at the scene requested a vacuum truck to remove the worker from the cave-in.  Mamaroneck police escorted the specialized equipment to the scene in an effort to save the man's life.  The latest word was the effort has switched to a recovery effort due to the length of time the worker has been buried under the dirt. Trench cave ins continue to occur, despite strict regulations requiring bracing and shoring of trenches and excavations. Our Westchester construction accident lawyers have represented numerous clients who were injured in trench and excavation accidents, including cave ins, all over New York State. 

Construction is the very life blood of New York City, but the nature of construction work is hazardous, whether it involves working on scaffolding several stories high or in trenches several feet below the ground. Heavy, powerful machinery and equipment frequently used in construction work poses a serious risk of injury. While the Occupational Safety and Health Administration (OSHA), a division of the Department of Labor, as well as the New York Industrial Code have safety standards in place for construction work, construction accident injuries are on the rise.

Can I Sue for a Personal injury construction accidents?

When the laws that are in place to protect construction workers from sustaining workplace injury are not enforced or are completely disregarded, and the worker suffers injury or fatality, our construction accident lawyers believe that the negligent party should be held accountable. Under Sections 200, 240 and 241 (6) of New York State Labor Laws, an injured worker may have a claim against a general contractor or owner, depending upon the type of construction accident:

 

Section 200 requires owners and contractors to take measures to provide safe workplaces and protect workers. This law generally allows construction workers to sue for personal injuries if they were injured because of unsafe conditions at a construction site, unsafe equipment and unsafe work practices. 

Section 240 , which is also known as the ‘scaffold law”, protects the rights of workers if they have been struck by a falling object or are injured in a high fall

Section 241 specifies safety measures that must be carried out and safety equipment that must be provided at a work site. Labor Law 241, references the New York Industrial Code and allows injured construction workers to sue if any concerete regulations were violated. These include trench and excavation shoring and bracing requirements which are intended to prevent trench and excavation cave ins from occurring.  There are countless other regulations, which govern all aspects of construction activity, including safe demolition practice, protective gear for welding, maching gaurding and saw guards, as well as excavation machinery operation. If you suffered a personal injury on a construction site anywhere in Westchester, call our White Plains construction accident lawyers.n 

           

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The Law Office of Michael H. Joseph, PLLC

Law Office of Michael H. Joseph, PLLC

The Law Office of Michael H. Joseph, PLLC, has been helping injured victims recover compensation for their injuries for over a decade. Our attorneys are members of several prestigious organizations, including: 

  • New York State Trial Lawyers Association
  • American Association for Justice
  • New York County Bar Association
  • Westchester County Bar Association

To request your free initial consultation with our team, call our New York City office at (212) 858-0503 or our White Plains office at (914) 574-8330. You can also request a case review online.

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