Construction Worker Injured in Trench Cave In

A worker was injured in a construction site accident after he was buried waist-deep in mud following a trench collapse. According to an NBC New York news report, the worker was pulled from a 25-foot trench by firefighters in a rescue effort that went on for more than two hours at a site in Queens where work was supposed to have been suspended. Officials said the rescue operation in Kew Gardens was long and arduous. The man was inside the hole when it suddenly collapsed on top of him, the report states. The victim’s brother, who was also working on the same project, said he tried to dig him out, but realized quickly that he had to call for help.
The victim was waist-deep in mud by the time emergency workers arrived. The worker was apparently in pain during the rescue operation and rescuers were worried about a condition called “crush syndrome,” a potentially deadly build-up of potassium in the body. They had to suspend operations so a paramedic could go down the hole and treat him. The worker, who complained of leg pain, was transported to a local hospital where he was listed in serious but stable condition.
Violation of Stop-Work Order
An official with the New York City Department of Buildings said workers had been excavating at the site in violation of a “stop-work” order. Inspectors had determined earlier that workers had failed to install proper shoring during the operations. That, in fact, contributed to the trench collapse, which nearly killed this worker, officials said. The Department of Buildings had also received complaints from neighbors about this particular construction site.
The Danger of Trench Collapses
According to the U.S. Bureau of Labor Statistics (BLS), between 2000 and 2009, 350 workers died in trenching or excavation cave-ins, an average of 35 fatalities per year. An analysis of data by the Occupational Safety and Health Administration (OSHA) showed that 64 percent of fatalities in trenches occurred at depths of less than 10 feet. Lack of a protective system was the leading cause of trench-related injuries and fatalities, according to a study conducted by OSHA. All excavations 5 feet deep or greater must make use of protective systems such as shoring, planking or other supports, according to OSHA’s requirements.
Compensation for Injured Workers
Injured construction workers can seek workers’ compensation benefits from their employers to cover medical expenses and a portion of lost wages. In addition, they can file a third-party claim against an entity other than the employer who may have caused or contributed to the incident and the resulting injuries, for many types of significant money damages. Examples of third parties include general contractors, sub-contractors, property owners, manufacturers of defective products, etc.
If you or a loved one has been injured in a construction accident, the experienced personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options. Our law firm recovered $3,375,576 for a construction worker who was injured on the job – one of the highest construction case settlements in New York in 2010. Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). We can even come to you. No attorneys’ fee unless we recover money for you. We can also help with personal injury cases in New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
Other TOLL FREE phone numbers for us are:
1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
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Source: NBC New York