NEW YORK ATTORNEYS WHO REPRESENT CONSTRUCTION WORKERS
INJURED IN EXCAVATION AND HEAVY EQUIPMENT ACCIDENTS
EXPERIENCED NEW YORK CITY AND WESTCHESTER CONSTRUCTION ACCIDENT LAWYERS

Excavation Accidents

Our experienced construction accident lawyers in Manhattan and White Plains have successfully handled numerous personal injury cases involving construction site accidents with heavy equipment and accidents that occur during excavation including trench cave-ins. New York has several Labor Laws that allow construction workers who suffered a personal injury on a construction site to sue the general contractor and property owner. If you were hurt in an accident involving heavy equipment or while performing excavation, you can sue for personal injury, pain and suffering and disability, in addition to getting workers compensation benefits. Our New York construction accident lawyers have decades of experience in handling construction accident cases involving excavation and heavy machinery.  Our attorneys have handled construction accident cases all over the State including New York City, Westchester and even upstate.

Our Manhattan construction injury lawyers and Westchester construction accident attorneys are thoroughly familiar with New York’s Labor Laws and have the industry experience to prove your case. Labor Law §241(6) requires contractors and property owners who are performing construction or excavation to comply with certain regulations. These regulations are commonly called the New York Industrial Code.  The  Industrial Code has extensive regulations which are intended to make sure that general contractors take their responsibilities seriously. The Industrial Code is intented to make sure that all construction and excavation site owners provide reasonable and adequate protection and safety to all workers on a construction site.  This means that if you were injured because a New York Industrial Code regulation was not followed, then you can sue for your pain and suffering. 

The most common types of accidents which occur while working with heavy include workers being struck by excavation equipment, excavation equipment hoisting materials or other equipment and the items being hoisted fall or swing and strike a worker, and sometimes heavy equipment runs over the worker or their feet or strikes them and sometimes workers are even injured while riding on the machine. The most common cause of accidents where workers are struck by heavy machinery occurs when the machines fall over or when the operator is careless and forgets to engage the safety, and then unintentionally hits a control, which causes a bucket to swing. If New York's Industrial Code regulations are followed, then the risk of an injury on a construction site is dramatically reduced. However, our construction accident lawyers know that the employers put pressure on workers to cut corners and get the job done quicker.  When construction workers are hurt because the Industrial Code was not followed or was ignored, our lawyers work tirelessly to get you the justice that you deserve. 

DO I HAVE A CASE  If you were hurt in an excavation accident or an accident involving heavy equipment  because New  York's Industrial Code
was violated then you have a case.  

There Is Never a Fee Unless We Win Your Case

ACCIDENTS INVOLVING HEAVY EQUIPMENT

Often workers on construction, demolition and excavation projects are required to work in close proximity to excavation and heavy equipment. Our New York City and Westchester construction accident lawyers have successfully handled numerous personal injury cases involving accidents with excavation equipment. Some of the most serious injury cases, our attorneys have handled have occurred when workers were struck by excavation equipment, including bobcats, road graders, backhoes, excavators, bulldozers, track loaders excavators, rubber tire loaders, drill rigs and other heavy machinery.


Our White Plains construction accident lawyers know that the New York Industrial Code requires that workers be kept at a safe distance where they cannot be struck by excavation equipment. Likewise, there are regulations preventing operators of heavy equipment from leaving the controls or taking their hands off of the controls while a load is being lifted or without disengaging the motor and clutch. In general this requires that when the operator is not fully in control of the machinery, the motor must be off, or the safety must be engaged, which disengages the hydrolics on the machinery. If you were struck by an excavator or other heavy equipment, than you probably were injured becase the Industrial Code was not followed and you have a case. 

Other regulations require that during plow driving operations, hand signals be used for the protection of people involved in the operation so that the operator has a method to communicate with the workers on the ground, so that workers that the operator cannot see are protected.  

No matter how your accident occurred, our New York construction accident lawyers will speak with you at no cost to see if you have a lawsuit. 

OUR FELLOW ATTORNEYS RECOGNIZE THAT WE ARE THE EXPERTS NO ONE OUTWORKS US

" Michael is one of the most compassionate, hard working attorneys I have ever met. You need someone like Michael Joseph if you are ever injured in an accident. He is the guy that will go the extra mile for you." Jeff G. 

Other Attorneys Look To Us For Advice

"When I need guidance on a complicated issue in a personal injury case against a municipality, my research led me to Mr. Joseph. He was both knowledgeable and generous." Brian H.

Workers Struck by Machinery

To minimize the dangers of construction workers being struck by excavation equipment such as excavators, backhoes, bulldozers and other equipment, New York’s Industrial Code prohibits workers who are not part of the excavation crew from being in the cab of an excavation machine or within the striking radius of the bucket’s swing, while the machine is in operation.

Industrial Code section 23-9.5c prohibits operation of excavation equipment by anyone other than designated persons. This regulation also requires that only the operating crew is permitted on an excavating machine while it is in motion or operation and that only the pitman and excavating crew are be permitted to stand within range of the back of a power shovel or within range of the swing of the dipper bucket while the shovel is in operation. The regulation also requires that when an excavating machine is not in use, the blade or dipper bucket shall rest on the ground or grade and that the operator of an excavating machine shall not leave the controls of such machine at any time when the master clutch is engaged and the engine is operating. This rule is often violated when operators get up to get a better look in a hole without engaging the safety of the machine. The regulation also requires that oiling and greasing shall be performed only while an excavating machine is at rest and the master clutch disengaged. The regulation also prohibits the boom or the bucket, dipper or clamshell of a power shovel from passing over the seat or cab of a truck or other vehicle while any person is in such seat or cab. These regulations are intended to prevent accidental contact between a machine and a worker. Due to the force that these machines are capable of generating, catastrophic injuries and even death are the unfortunate result when a construction worker is hit by a piece of machinery.

TRENCH AND CAVE IN ACCIDENTS

 Our New York City construction injury lawyers and White Plains construction accident attorneys have handled many cases where workers are injured by excavation or trench cave ins or shifting of the ground  under a machine. On other occasions, construction workers are struck not by the excavation equipment, but are hit by materials which are being hoisted by an excavator because  a tag line wasn’t used or the materials or the load shifts. swings and strikes a construction worker standing in the area.  

An incredibly dangerous type of accident involving heavy equipment occurs when the ground under or around the machines give way or slide, which in turn causes the machine to fall over and put both the operator and everyone around the machine in danger. This type of accident is extremely dangerous because workers who are operating excavators, power shovels, backhoes or are working around these machines are in danger of the ground giving way underneath them.  If the regulations in the New York Industrial Code are followed then these types of accidents wouldn’t happen. The Industrial requires that when working with power shovels there must be firm, level and stable footing be provided for each machine. This regulation also requires that when firm footing is not present, it must be provided by substantial timbers, cribbing or other structural members which are big enough to distribute the load so as not to exceed the safe bearing capacity of the underlying material.

Another common danger which construction workers working in trenches face is a cave in caused by an improperly secured or braced trench. The industrial regulations provide extensive protection to workers who are performing excavation. For example, there are extensive bracing and shoring requirements for excavations and trenches to prevent collapse.

CONCRETE INJURIES 

Concrete workers can face serious workplace hazards every day. Working with concrete requires preparation. Although cement must be properly mixed and poured, it is vital for the appropriate shores and forms to be set up before the mixture is added. A failure to utilize sufficient shores and forms can place concrete and other construction workers at risk for serious injury. Employees may suffer harm when the integrity of a wall is compromised, or a concrete form or mold falls from an elevated work surface and strikes a worker. Unfortunately, someone who is hurt in an accident during concrete work may suffer a head or back injury, broken bones, or worse.

The New York Industrial Code has several regulations that are meant to protect concrete workers and allows concrete workers to sue the contractor and property owner if they violate the Industrial Code and worker gets hurt. The Industrial Code  require safety measures that must be implemented whenever concrete work is performed anywhere in New York. This law states that any forms used to shape concrete while it hardens must be tied together or properly braced to prevent the cement mold from moving or falling on a worker. Additionally, the Code requires that any walls built from concrete be sufficiently braced in order to prevent the wall from toppling over due to wind, vibration, and other jarring movements that may occur during the construction process. Any form, shore, or bracing that is expected to withstand a load of at least 150 pounds per square foot must be built according to design specifications created by a licensed engineer, and a copy of the design should be maintained at the building site for examination.

The New York Industrial Code also requires that any concrete forms, shores, bracing, or other supports be inspected on an ongoing basis by a designated individual. Regardless of the stage of completion, any unsafe condition must be fixed as soon as it is discovered. In an effort to increase worker safety, the Code states all concrete forms should be removed from the work area after being stripped or discarded. The regulations provide that any protruding hazards, such as nails, that are not required for later work must be removed or cut after a mold is stripped to prevent potential injuries to construction workers.

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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