Construction Negligence: Trench or Tunnel Collapse

What Is a Trench Excavation?

“An excavation is any man-made cut, cavity, or trench formed by earth removal,” explains the Laborers’ Health & Safety Fund of North America (LHSFNA). ⁽³⁾

More specifically, “A trench is defined as a narrow underground excavation, that is deeper than it is wide, and is no wider than 15 feet or 4.5 meters,” according to the Centers for Disease Control and Prevention (CDC) ⁽⁴⁾ 

LHAFNA goes on to explain how trenches are confined spaces, areas “large enough to enter and work” with “limited exit routes” and are “not intended for continuous occupancy.” ⁽⁵⁾ Collapses happen when these spaces lack adequate protection systems. ⁽⁶⁾

Trench Protection Systems

Protection systems are required when digging trenches and tunneling. ⁽⁷⁾

“Designing a protective system requires consideration of many factors, including soil classification, depth of cut, water content of soil, weather and climate, and other operations in the vicinity,” states an Occupational Safety and Health Administration (OSHA) safety publication. ⁽⁸⁾

Protection systems include:

• Benching. This method involves, “excavating the sides of an excavation to form one or a series of horizontal levels or steps, usually with vertical or near-vertical surfaces between levels.” ⁽⁹⁾

• Shielding. This includes such things as trench boxes and steel plates. “Shielding systems do not support the face of excavations, rather they protect the workers inside of them.” ⁽¹⁰⁾

• Shoring. Shoring is “using a support system for trench faces which prevents movement of soil, underground utilities, roadways, and foundations.” ⁽¹¹⁾

• Sloping. This requires angling the sides of a trench so they are “not steeper than 1½:1 (for every foot of depth, the trench must be excavated back 1½ feet).” ⁽¹²⁾

• Trench boxes. These are “steel or aluminum structures that are inserted into a trench or other excavation to secure the sidewalls from cave-in or erosion.” ⁽¹³⁾

Confined Spaces Accident Statistics

Fatalities involving confined spaces totaled 1,030 workers during an eight-year period. Of those deaths, 203 were specifically attributed to ditches, channels, trenches, and excavations. Out of this whole group, 135 of the workers were employed in private construction. ⁽¹⁴⁾

Construction workers performing tasks in confined spaces cannot move out of the way quickly, so even small amounts of dirt can prove dangerous. “One cubic yard of dirt can weigh more than 3,000 pounds,” according to the CDC. Trapped workers are often crushed or suffocated when there are accidents. ⁽¹⁵⁾

NYC “saw increases in incidents, injuries and fatalities on building construction sites,” according to a NYC Construction Safety report. The total number of construction site injuries that year reached 554, with 11 fatalities. ⁽¹⁶⁾

Causes of Collapsing Trenches in Construction

Trenching and tunnel construction accident fatalities are preventable. It is helpful to understand why they happen. ⁽¹⁷⁾

There are a number of different causes for trench or tunnel collapse. Here are a few: ⁽¹⁸⁾

• Cost optimization — Frequently due to money-saving measures, such as selecting equipment unable to perform all needed functions.

• Delays of excavation and implementation of support — Usually due to unforeseen circumstances, such as archeological discoveries.

• Inadequate ground investigation — This is often due to condensed building construction.

• Inadequate supervision — Construction workers are not being overseen properly.

• Inadequate support measures — Ineffective support is normally due to complex ground and mixed-face (soil and rock) conditions.

• Inexperienced contractors and design engineers — This occurs when they do not have enough experience in protecting themselves or their employees in local conditions.

• Not properly protected — Confined spaces lack protective systems.

• Shallow ground condition — When mechanical properties (density, moisture, and consistency) of the soil change from one area to another due to manmade structures, fresh water, and utility lines.

Potential Injuries

Alarmingly, cave-ins or collapses often occur without warning. ⁽¹⁹⁾ When collapses occur, there is the potential for serious harm.

In one example reported, laborers died in a trench collapse from asphyxiation while replacing residential sewer lines. The trench had been dug in unstable soil without any protection system in place. Inadequate shoring equipment was used, and the employer had a record of safety violations. ⁽²⁰⁾

In another, two New York City (NYC) construction workers lost their lives in a trench when they became “trapped under construction rubble” at John F. Kennedy International Airport. ⁽²¹⁾

Trench or tunnel collapse injuries range from debilitating to fatal. Here are some of the most common:

• Asphyxiation and suffocation — The falling soil gets piled on top of you, closing off your access to air. At the same time, pressure from the soil (weighing as much as a compact car), crushes you. ⁽²²⁾

• Death — Trench collapses are rarely survivable according to the CDC. ⁽²³⁾

• Broken bones and fractures — A report on trench-related injuries and deaths in one state indicated over one third of victims suffered fractures. ⁽²⁴⁾

• Burns from explosions — Burns may result when workers hit gas or other utility lines while digging; data accounted for 58 cases from fire and explosions nationwide during an eight-year period. ⁽²⁵⁾

• Electrocution — Hitting power lines can be a hazard for workers digging trenches. “Direct exposure to electricity” resulted in numerous deaths in a report covering eight years. ⁽²⁶⁾

• Poisoning from toxic fumes — “Potential hazards associated with trench work include…hazardous atmospheres… . Confined space fatalities often occur as the result of toxic chemicals,” says the LHSFNA. ⁽²⁷⁾

• Traumatic brain injury (TBI) — You could suffer neurological issues, such as concussion and a traumatic brain injury (TBI).

Liability

Employers are required to provide safe working conditions for their employees. The requirement is particularly true in construction work, and especially when excavation is being done. This means using protective systems, proper gear, and appropriate equipment — and supplying competent people to manage the work on site.

A company’s failure to meet safety standards makes it liable for any harm resulting from trench or tunneling accidents. Such cases fall under personal injury law and involve construction negligence.

Negligence is a failure to act with the same level of care as an ordinary person might, given similar situations. ⁽²⁸⁾ Proof of negligence is complex and requires not only knowledge of the law but also an understanding of construction industry safety requirements.

Did you or a loved one fall victim to a construction trench or tunnel collapse accident, due to negligence? If so, your employer was supposed to protect you. If your employer had taken the necessary precautions to begin with, you and your loved ones would not be suffering as you are now.

You have the right to hold the negligent employer responsible. You have the right to receive compensation for your losses and support for your future.

That’s where we come in. Weitz & Luxenberg’s team of attorneys investigates your accident, files your case, negotiates a settlement or fights for you in court. We even see you through an appeals process, if necessary, because we understand liability law.

Tunnel or Trench Collapse Lawsuits: How W&L Can Help

W&L has attorneys who have gone beyond their legal education to obtain training in construction site safety to help our clients. The W&L team has nearly 40 years of experience representing tradesmen in construction accident cases.

Here are some examples of our successful personal injury cases including construction ones:

• W&L won millions of dollars for construction workers. This includes workers who suffered falls from scaffolding, were struck by cinderblock walls, and stepped into unsecured holes.

• W&L recovered $10 million for a teenage boy blinded in one eye due to a negligently designed bungee cord break system.

• W&L obtained a multimillion-dollar settlement for a man who fell from an apartment building’s second-story walkway, resulting in a TBI. The owner of the building failed to install fencing along the walkway, as required by law.