The Death of a Construction Worker in an Excavator Accident Serves as a Reminder of the Dangers Workers Face in New York

According to research completed by the Center for Construction Research, more than 7,600 construction workers lost their lives between 1992 and 2010 as a result of “mobile heavy equipment” accidents. Those extreme dangers remain present today, including here in the New York City area. Whether you are working in or around an excavator, forklift, bulldozer, or other pieces of heavy equipment, you are entitled to a safe workplace. If you got hurt in or by a piece of heavy equipment because of a lack of proper safety protections, then you may be entitled to recover a significant amount of compensation. You should reach out to an experienced New York City construction accident attorney promptly to find out more about the case you may have.

A news report from WABC is a stark reminder of the severe dangers these construction workers face. The WABC report covered a fatal excavator accident in North Jersey. The worker was inside his excavator when the machine reached a point too close to the nearby river and flipped over. When it did, it trapped the man in about six feet of water for more than one hour. The water was estimated to be about 40 degrees Fahrenheit (4 degrees Celsius) at the time.

At the time of the WABC report, the investigation was ongoing, and investigators had yet to rule out windy conditions as a possible factor in the fatal accident. This accident happened in New Jersey but, certainly, many New York City construction workers who operate excavators might potentially face similar risks in working job sites located near rivers or other bodies of water.

How New York’s safety regulations may play a role in your case

If you are injured in an accident like this in New York, you may have some strong tools on your side when it comes time to go to court and seek compensation. One of these is Section 241(6) of the Labor Law. That law says that if the proper safety protocols mandated by New York’s regulations were not followed and that you suffered harm as a result of that failure to comply with the regulations, then you can pursue a claim for damages under this law.

Specifically, New York has an entire “Subpart” within its code of regulations dealing solely with excavation operations. The subpart contains four regulations (12 NYCRR Sections 23-4.1 through 4.4) and a violation of one or more of these regulations possibly can be the basis of a viable Section 241(6) lawsuit and award of compensation.

Other regulations dictate rules for such things as proper training and the required protective equipment necessary for a safe workplace. Failure to meet the standards of these regulations may also form the foundation of an action under this law.

Have you been hurt while working with heavy equipment or machinery in New York? If you have, turn to the knowledgeable New York City construction accident attorneys at Arcia & Associates. Our team of skilled professionals has spent many years helping area construction workers who were hurt on the job, including serving the immigrant and Hispanic communities.