New York Personal Injury Attorneys Blog

As construction accident attorneys who represent workers injured or killed in trench collapse, we have firsthand experience with the repercussions of disregarding safety guidelines during excavation. The hazards linked with excavation and trenching activities are no secret to construction workers either. In New York, a law known as “Carlos’ Law” was signed by Governor Hochul last December, which increases penalties for corporate criminal liability due to the death or serious injury of an employee, whether a felony or misdemeanor. This law allows for fines of up to $500,000 and was named after Carlos Moncayo, a 22-year-old construction worker who tragically died in a trench collapse at a Manhattan construction site. His employers ignored repeated warnings about the hazardous conditions.

One of the primary reasons why excavation and trenching activities pose significant danger is the weight of dirt

It is easy to underestimate how heavy soil can be, but the reality is that a single cubic yard of dirt can weigh as much as a mid-sized car. This weight makes excavating the earth a perilous task, especially when dealing with trenches – excavations that are deeper than they are wide. A single minor mistake or miscalculation can lead to disaster in a matter of seconds. Even a partial trench cave-in can have devastating consequences, including workers being crushed within seconds, even if parts of their upper bodies are above the ground.