What Should You Do If Injured in an Open Manhole Construction Accident?

If you’ve been involved in an open manhole accident in a construction site, immediately take the following steps:

1. Seek medical attention, even for seemingly minor injuries. 
2. Once you're safe, document the accident scene if possible and report the incident to your supervisor. 
3. Consult a construction accident attorney as soon as possible so you can better understand your legal rights and options for compensation.

In New York City alone, there are approximately 600,000 manhole covers, some reaching depths of 800 feet, making falls a serious risk. Your fall could leave you with mounting medical bills, lost wages, and long-term disabilities, whether you’re a worker or a passerby.

Employers and contractors have a legal duty to maintain safe manhole covers on construction sites. If they failed to secure the manhole properly, you may have a case for significant compensation through a personal injury claim.

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What Are Your Immediate Steps After a Manhole Accident?

According to a study analyzing National Trauma Data Bank data from 2007 to 2017, the number of patients injured from falls through open manholes ranged from 20 to 49 cases per year.

As mentioned in the introduction, attending to your health comes first to ensure your well-being. Afterwards, it is recommended to: 

• Gather evidence of the accident scene. If you're able, take photos of the open manhole, your injuries, and the surrounding area. Note the lighting conditions and any missing barriers or warning signs. This evidence can be vital for supporting your legal case and demonstrating the extent of your damages.
• Notify your supervisor or the construction site manager about the accident as soon as possible. If you're a passerby, report the incident to the city.

Prompt reporting establishes a clear record of the event. Your employer must report the accident but don't rely solely on their documentation. Get copies of:

• The accident report
• Your medical records
• Witness statements and contact information
• Names of everyone involved, including responding emergency personnel
• Keep the clothes and shoes you were wearing at the time of the accident in a safe place.

This documentation will help establish the link between the manhole accident and your injuries.

What Are Your Legal Rights After a Manhole Fall?

Worker's Compensation Eligibility

If you were injured while working on a construction site, you're likely entitled to worker's compensation benefits. These can cover your medical expenses, a portion of lost wages, and disability payments.

Importantly, workers' comp is a no-fault system, meaning you're eligible regardless of who caused the accident.

Third-Party Liability Claims

In some cases, a party other than your employer may be liable for your injuries. For example:

• If a subcontractor left the manhole uncovered
• If the manhole cover was defective, then its manufacturer may be liable
• If the property owner knew about the hazard but didn't fix it

In these situations, you may be able to file a personal injury lawsuit in addition to your worker's comp claim. This allows you to seek compensation for damages not covered by workers' comp, such as pain and suffering.

Statute of Limitations

In New York, you generally have three years from the date of the accident to file a personal injury lawsuit. For worker's compensation, you should report your injury within 30 days. However, it's best to consult with a construction accident lawyer as soon as possible to ensure you don't miss any crucial deadlines.

Who Is Responsible for Manhole Safety on Construction Sites?

Contractors

Multiple parties typically share responsibility for manhole safety. General contractors hold primary responsibility under what courts call "non-delegable duties." This means they can't pass their safety obligations to subcontractors, even through contracts. They must:

• Ensure all manholes are covered or barricaded
• Provide proper safety equipment
• Train workers on hazard recognition and safe practices

Property Owners

Property owners face separate obligations under New York Labor Law § 200. They must maintain safe premises and address known hazards promptly for both workers and visitors.

The case of Bradley v. Morgan Stanley & Co., Inc. established that property owners who know about unsafe conditions but fail to act can face significant liability.

City/Municipality Duties

If a city-owned manhole causes an injury, the municipality (General Municipal Law § 50-e) may be responsible. However, claims against government entities have special requirements and shorter deadlines. Their duties include:

• Maintaining public access points
• Responding to hazard reports
• Conducting regular inspections
• Replacing damaged covers
• Installing proper locking mechanisms

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What Compensation Can You Receive for a Manhole Accident?

Medical Expenses Coverage

You're entitled to have all reasonable and necessary medical costs covered. This includes emergency treatment, hospitalization, surgeries, medication, and rehabilitation. In cases of severe injuries, you may also recover future medical expenses.

Lost Wages

If your injury prevents you from working, you can recover a portion of your lost income. Worker's compensation typically pays 2/3 of your average weekly wage. In a personal injury case, you may be able to recover the full amount of lost wages and future earning capacity.

Pain and Suffering

In a personal injury lawsuit, you can seek compensation for the physical pain, emotional anguish, and loss of enjoyment of life caused by the accident. The amount awarded for pain and suffering varies based on the severity and permanence of your injuries.

Long-Term Disability Benefits

If you're left with a permanent impairment, you may be eligible for ongoing disability payments. These can provide a financial lifeline if you're unable to return to your previous job.

Speak to an Open Manhole Accident Lawyer Today

Time matters in manhole accident cases. Evidence disappears, witnesses' memories fade, and legal deadlines approach quickly. Don't risk losing your right to compensation through delay.

Contact the Porter Law Group today for a free consultation about your manhole accident case. Our experienced construction accident attorneys will evaluate your case, explain your options, and fight for maximum compensation.

If you or a loved one has been injured in a manhole accident, contact us today for a free, no-obligation consultation. Call us at 833-PORTER9 for a free case review or email us at info@porterlawteam.com.

You pay nothing unless we win your case.