Attorney Konstantin Burshteyn secured a $1,600,000 settlement for a 45-year-old immigrant from Ecuador, who was injured while working as a carpenter on a construction project. Our client was working on a renovation project in Sullivan County when the ladder he was provided with shifted and fell to the ground, causing him to fall, too. As a result of the accident, our client sustained injuries to his shoulder and lower back that required lumbar fusion surgery.
Defendants argued that our client was fully responsible for the accident because he chose the ladder he was using and did not choose to use available scaffolding. They also argued that our client’s injuries did not require the treatment he received. Finally, Defendants argued that the client should receive less compensation than he would otherwise be entitled to since the accident happened in Sullivan County.
Within two years of the accident, Konstantin finished discovery, placed the case on the trial calendar and moved for summary judgment under Labor Law 240(1). While the motion was pending, Defendants requested mediation and Konstantin was able to resolve the case prior to trial. The case was referred to Konstantin by a New York City workers compensation firm.