New York Construction Accident
Wingate, Russotti, Shapiro, Moses & Halperin, LLP attorney Konstantin Burshteyn obtained a $4,000,000 settlement on behalf of a 60-year-old Local 580 Ironworker who suffered serious neck and shoulder injuries in a New York City construction accident.
Our client was working on the construction of a large hotel in Midtown Manhattan when he was struck in the head by a Johnson Bar that had been improperly stored on top of a crate of large windows which he was transporting. The bar fell approximately 1 foot, striking our client on his head and left shoulder and causing immediate pain. Despite his injuries, our client continued working for several weeks until he was laid off and later sought medical attention when the pain became unbearable. His doctor advised him to stop working due to the severity of his injuries.
Our client underwent extensive medical care, including treatment from orthopedic, spine, and pain management specialists. After months of physical therapy and conservative care, he was advised to undergo shoulder arthroscopy to repair tears in his left shoulder. Persistent neck pain required massage therapy, trigger point injections, and ultimately a steroid injection, but relief was short-lived. He continued to suffer through the pain, doing everything he could to avoid invasive treatment, but after over 2 years of treatment, he was then recommended for – and ultimately underwent – a four-level cervical fusion to address his debilitating neck injuries.
Defense counsel contested both liability and causation, claiming our client’s injuries were preexisting and degenerative, pointing to his age, long work history, and a prior workers’ compensation wear and tear claim. They argued that the neck and shoulder surgeries were unrelated to this construction accident, and emphasized that our client continued to work for weeks following the incident, and only stopped because he was laid off.
Through extensive discovery and depositions, Konstantin Burshteyn and the WRSMH legal team obtained critical favorable testimony from defense witnesses and presented compelling expert medical testimony linking the injuries directly to the construction accident. Konstantin moved for summary judgment under New York Labor Law §§ 240(1), 241(6), and 200, while the defense simultaneously sought dismissal.
After oral arguments, the Court granted Konstantin’s motion, finding the defendants 100% liable for the accident.
The parties participated in private mediation, but defendants initially refused to meet WRSMH’s settlement demand. Undeterred, Konstantin and the WRSMH litigation team began preparing the case for trial. On the eve of trial, after further negotiations, the defendants agreed to settle for our non-negotiable demand of $4,000,000.
This case underscores the tenacity, skill, and trial readiness of the attorneys at Wingate, Russotti, Shapiro, Moses & Halperin, LLP. Our firm’s construction accident attorneys are committed to achieving full and fair compensation for injured workers, and we will not hesitate to litigate aggressively until justice is served