When it comes to work injury cases, people often think about the most obvious kinds of hazards, including defective equipment, falls from high places and chemical exposure. But there are many aspects to New York labor law that provide worker safety, some of which concern things that people might not generally think about on construction jobs — like the lay of the land.
New York Department of Labor safety and health resources talk about state regulations for excavating. Under Subpart 23, for excavation operations, the legislation provides a table of the steepest allowed unbraced slopes, with specific slope ratios based on depth and types of soil.
The statute also provides the following language for excessive sloping:
“Whenever any person is required to work in or is lawfully frequenting any trench or excavation five feet or more in depth which has sides or banks with slopes steeper than those permitted in Table I of this Subpart, such sides or banks shall be provided with sheeting and shoring in compliance with this Part (rule). Such sheeting and shoring system shall be in contact with the sides or banks of such trench or excavation.”
Setting up these kinds of practical safeguards dramatically lowers certain kinds of risks, such as the risk of a worker falling on a slope and ending up colliding with a piece of heavy machinery, or the risk of some piece of equipment or item falling over because of a steep grade or soil collapse.
The statute adds rules for trained inspections, monitoring for groundwater and other rules to prevent cave-ins and unanticipated changes in topography. The statute also proposes some alternatives to sheeting and/or shoring, in certain instances.
Why are these details important? Because in actual work injury cases, such situations can easily arise. A qualified injury lawyer will know how to go back to the statutes and apply the pertinent rules. He or she will know how to use state law in court, and how to explain it to the clients who may need more information about their legal options and how to proceed with the case.
Taking a detailed approach to New York labor law is only one of the crucial factors in how qualified injury lawyers support their clients’ cases. They also need to look at things like case precedent and defenses or obstacles to a claim, all while counseling clients on how to proceed in terms of medical evaluations and much more. All of this serves the primary purpose of providing quality legal representation and helping to ensure a client’s voice is heard in a court of law.
If you have been injured in a New York construction accident, the professional injury lawyers at Rosenberg, Minc, Falkoff & Wolff are only a call away. This is a firm that brings a dedicated and caring approach to case work. Let us listen to your story and help you move forward with a personal injury case in New York courts.