NYC is in a long-term construction boom phase, with thousands of construction workers on the job in projects across the boroughs. But the construction industry is one of the most dangerous in the nation, with workers dealing with hazardous tools, heavy equipment, working at high elevations, and exposed to countless daily risks.
Some of the more common injuries sustained on a job site are saw injuries, which often result in an accidental amputation, deep lacerations, along with pain, suffering, and the inability to work and earn a living. If you’ve suffered a construction injury as a result of a defective product, a defective part, or a lack of adequate safety procedures, you have the right to seek compensation for your injuries. We at Wingate, Russotti, Shapiro, Moses & Halperin, LLP, have spoken directly with multiple construction workers while handling their cases to ensure we have a detailed understanding of each job site and how an injury occurred. Contact us at (212) 986-7353 for a free consultation to discuss the best course of action for you after a serious work injury.
There are many types of saws used in construction, including table saws, rig saws, band saws, and others. What all these saws have in common, however, is that they employ high-speed blades that cut through wood, metal, or other materials – including human flesh. If a saw is faulty, does not have the required safety features – such as blade guards – or safety precautions have not been followed, leading to a saw injury, a worker can be facing long-term disability. Two types of injuries can occur:
Direct Blade Injuries
When a construction saw hits the skin, the damage is instantaneous and often severe. Common injuries include:
- Lost fingers
- Lost hands
- Deep lacerations
- Torn or ripped skin
- Muscle damage
Even if a blade has not contacted your skin, when a table saw is defective or doesn’t have the required guards, pieces of wood, plastic, or metal can be projected at high speeds, causing injuries such as:
Many parties can be liable for faulty equipment, depending on the circumstances. The hierarchy on a job site is often complicated, and responsibility can fall anywhere on the line – or lie with the equipment manufacturer. Some examples are:
- Foreman or manager: A foreman or crew manager is responsible for those working on the site, providing the needed equipment, and ensuring safe practices are followed. If your foreman was aware of a problem and didn’t resolve it quickly and effectively, or should have been aware and wasn’t, they can be held liable.
- Superintendent: A superintendent is responsible for the overall safety on a job site and ensuring that all OSHA safety regulations are followed. If a superintendent is lax on the job or have allowed safety procedures to be bypassed or ignored, leading to an injury, that party can be held liable.
- Equipment rental agency: Rental agencies oversee the maintenance and upkeep of all the equipment they rent to job sites or workers. If they do inspect and address any damaged or faulty equipment, they can be held liable if it results in an injury.
- Equipment manufacturer: When equipment fails due to a manufacturing defect or was designed with inherently unsafe features, the manufacturer can be held liable for your injuries.
Proving the negligence of your employer or a third-party is done by establishing three points:
- That the employer or other party had a duty of care to keep you reasonably safe while on the job.
- That the employer or third-party failed breached that duty.
- The breach of duty of care led to an injury and the subsequent pain, suffering, and disability
When we talk about saw-related injuries, this generally requires investigating the circumstances that led up to the injury and identifying the safety features or practices that were neglected, and how this neglect resulted in your injury.
Saw-related construction accidents are usually severe and disabling, often resulting in victims being unable to work. Due to the catastrophic nature of saw injuries, these are often high-value cases. Our construction accident attorneys fight to recover the maximum compensation, whether through workers’ compensation or a third-party lawsuit. The compensation pursued in a third-party lawsuit will include:
- Medical bills, both immediate and long-term
- Pain and suffering
- Lost wages
- Lost ability to earn and support your family
At Wingate, Russotti, Shapiro, Moses & Halperin, LLP, we have over 50 years of experience protecting the rights of construction accident victims. We develop each case as if it will proceed to trial and thoroughly investigate all factors related to the accident. We are dedicated, experienced trial lawyers, and will seek justice for you, whether through negotiating a fair settlement or at trial. If we take on your case, you can be confident that you are represented by a team of litigators known as being among the most talented construction accident attorneys in New York City. Call us today at (212) 986-7353 to schedule a free consultation.
The laborer fell three stories from a defective scaffold and suffered comminuted fractures of his left calcaneus, osteomyelitis in the left heel and a painful neuroma in his foot.
Frank Lombardo obtained $11.76 million in Queens County for a seriously injured Union Local No. 1 journeyman plumber.
Phil Russotti obtained an $11.1 million verdict in Queens County Supreme Court, for a 53 year old man who was injured on a construction site at a New York City High School.
Plaintiff, a 40 year-old, undocumented immigrant from El Salvador, was working off the books for a roofing contractor when he fell through a hole in the first floor of a one family home he was working in.
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Wingate, Russotti, Shapiro, Moses & Halperin, LLP partners Phil Russotti and Ken Halperin settled the case of a union-affiliated painter in his 40s, who was injured while working at a chemical storage facility.
Kenneth Halperin, Philip Russotti
David M. Hoffman obtained a settlement of $6,500,000 for a client who was injured in a fall on a jobsite resulting in suffered serious and permanent trauma to his head.
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Clifford Shapiro and Kenneth Halperin worked together to obtain a $5,000,000.00 settlement for the family of a construction worker who was killed while working in a trench at a construction site on Staten Island.
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Attorneys obtained a pre-trial settlement in the amount of $4.5 million for a non-union laborer who fell through an opening on the first floor into a cellar below a Manhattan high-rise building under construction.
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Bryce Moses conveyed to the jury that the landowners were responsible for the accident and was able to obtain $4.27 million dollar recovery despite the fact there was only 4 Million Dollars in insurance coverage.
WRSMH partners Mitchell Kahn and Kenneth Halperin obtained a $4,100,000.00 settlement for a 44-year-old Carpenter who was injured while working at a construction site.
Mitchell Kahn, Kenneth Halperin
The plaintiff suffered a concussion as well as lumbar and cervical herniations as the result of his workplace accident.
Philip Russotti, Kenneth Halperin,Mitchell Kahn
Cliff Shapiro and Noah Katz together represented a construction worker who was struck by an air conditioning unit, causing injuries requiring surgery.
Clifford Shapiro, Noah Katz
Frank Lombardo obtained $3.8 million for a construction worker who was seriously injured in a workplace slip and fall accident.
WRSMH partners, Philip Russotti and Kenneth Halperin settled the construction accident case at mediation for our client who was a 50 year old bricklayer.
Philip Russotti, Kenneth Halperin, Mitchell Kahn
Our client was injured on February 23, 2012, during the demolition of a sidewalk in front of a large building. As a result of the accident, he had a cervical fusion, a lumbar fusion, and a left knee arthroscopy.
Our client was a member of Local 147, who was seriously injured when he fell from a poorly construction scaffold.
Frank Lombardo obtained $3.5 million for a non-union laborer who was injured after falling from a ladder while painting.
Frank J. Lombardo handled this case through the discovery phase of the lawsuit and settled it at private mediation for $3.375 million, prior to it being calendared for a jury trial.
Bill Hepner obtained a $3.2 million settlement at mediation for our client, a member of the Pointers Cleaners and Caulkers Union – Local 1, who was injured when he fell from a scaffold while doing his job.