William Hepner secured a $4.5 million settlement for a construction worker who was tragically crushed and killed by the tire of a large excavator on a construction site in Upstate New York

Upstate New York, Feb 24, 2025: Wingate, Russotti, Shapiro, Moses & Halperin, LLP, attorney William Hepner successfully secured a $4.5 million settlement for the family of our client, a construction worker. Our client tragically lost his life in a fatal accident involving a large excavator. The settlement was reached through mediation after the defendants failed to refute key evidence and arguments presented by Hepner.

The case was particularly unusual because, despite coworkers being nearby and allegedly monitoring the equipment, no one actually witnessed the fatal accident. The victim was crushed and killed by the tire of a large excavator on the job site. The defendants initially attempted to blame the deceased worker, asserting that he was too close to the equipment despite the fact that he had no direct involvement in the work being performed, as discussed in a pre-task meeting. The defendants also suggested that the worker was distracted and on his phone at the time of the incident, as his phone was found near his body. Additionally, the defendants argued that there was minimal to no conscious pain and suffering, citing the fact that the worker was non-responsive when first responders arrived at the scene.

Attorney Hepner utilized his extensive knowledge of Labor Law, along with expert testimony, to effectively overcome the defendants' arguments. By applying common sense and presenting circumstantial evidence, he demonstrated to the defendants that their position was unsustainable and that they were likely to face a significant judgment at trial. Hepner's ability to navigate these complex issues, particularly in an upstate county jurisdiction, played a pivotal role in achieving a favorable outcome for the family of the deceased worker.

"The tragic loss of a loved one is always devastating, and this case was especially challenging given the circumstances surrounding the accident," said Hepner. "We are proud to have secured a settlement that provides the family with some measure of justice and compensation for their loss." This case underscores WRSMH's commitment to holding negligent parties accountable for construction accidents and advocating for the rights of families impacted by fatal workplace incidents.

For more information, contact the law office of Wingate, Russotti, Shapiro, Moses & Halperin, LLP:

420 Lexington Ave Suite 2700, New York, NY 10170
Phone: (212) 986-7353
Email: etena@wrslaw.com
Website: www.wrshlaw.com

View press release here.