Trench Collapse Accidents often occur as the result of the failure to have the trech properly "shored." Shoring is a well known safety  technique used to reinforce the sides of an excavation to prevent against wall collapes and cave-ins.   

Laws from city to city and state to state vary, however, Trenches deeper than five feet require safety measures to be in place and known methods of wall protection to be in place or the trench must be dug in such a fashion as to provide a safe working environment for the worker in the trench.  One method is to have the walls cut away in a "V" pattern to prevent collapse.  Other safety methods include shoring utilizing hydraulic and pneumatic systems. 

As with all serious injury cases and wrongful death cases, the Federal investigators from the Occupational Safety and Health Administration OSHA should be notified about the incident.  This will greatly assist in any wrongful death case later brought.  In a current wrongful death case we are involved in against Toys R US, the OSHA investigation was a good starting place.  See www.toysrusnegligence.com. 

In addition to OSHA though, it is also very important to conduct your own investigation, take photographs of the scene, document witness accounts, secure records and testimony and complete other necessary steps that either get lost or are intentionally/recklessly lost.  It is prudent to retain a lawyer as soon as possible for this purpose and insure that all evidence is brought to the forefront.

Trenching accidents are often needless and the result of negligence and gross negligence of the employer and those other companies involved in the trenching.  Often times, personnel are not properly trained. 

OSHA has set very specific standards for timber trench safety.  Regulations (Standards - 29 CFR)
Timber Shoring for Trenches - 1926 Subpart P App C  Furthermore, OSHA has very specific standards with respect to other protective systems such as sloping, benching, shielding, and freezing systems which must be designed in accordance with the requirements set forth in 1926.652(b) and 1926.652(c).  When these are not followed, the companies failing to comply are negligent and grossly negligence.

Even if an individual has workers compensation benefits, the companies responsible for the trenching are often different and may be pursued in a wrongful death lawsuit. 

If you believe you may have a case, please feel free to contact us and seek a no obligation free consultation and know your rights regarding trench collapse accidents and wrongful deaths.