WRSMH attorney Konstantin Burshteyn secured an $8,000,000 settlement and a complete waiver of the Workers’ Compensation lien for a 57-year-old Local 14 crane operator who sustained multiple injuries after tripping and falling at a Brooklyn construction site.
The plaintiff, a crane operator, tripped and fell due to construction materials and debris obstructing the passageway he was walking on. We alleged that the general contractor’s and property owners’ failure to maintain a safe job site constituted violations of Labor Law §§ 200 and 241(6). Through extensive investigation, including multiple depositions, we established that the defendants failed to provide adequate lighting at the hazard’s location. Furthermore, the plaintiff tripped on loose rebar negligently left by another subcontractor in the poorly lit passageway. Accident reports prepared following the incident corroborated our claims.
As a result of the accident, the plaintiff sustained injuries to his ankle and knee, along with an aggravation of a pre-existing lower back condition. Despite attempting to return to work for several weeks and intermittently thereafter, the plaintiff ultimately underwent arthroscopic surgeries on both his knee and ankle. When his back pain persisted, he consulted the surgeon who had previously performed a lumbar fusion and was diagnosed with adjacent level syndrome. This condition necessitated an additional two-level lumbar fusion. Despite the surgery, the plaintiff was left with chronic pain syndrome, which required the implantation of a permanent spinal cord stimulator.
The plaintiff’s treating physicians indicated that he would require lifelong medical treatment for injuries sustained in the accident. We engaged a life care planner and vocational expert to prepare a comprehensive care plan based on these recommendations. Additionally, our economic expert conducted an extensive analysis of the plaintiff’s economic damages, which included wage losses, loss of employer contributions to his 401(k) and pension, and loss of health insurance.
The defendants argued that the plaintiff’s lower back injury was pre-existing and unrelated to the accident, claiming that records demonstrated he would have required surgery regardless. They further contended that the associated complications and surgeries were also unrelated to the case. Regarding economic damages, the defendants’ expert argued that the plaintiff’s losses should be reduced, as he was receiving workers’ compensation and Social Security disability benefits to offset his lost income. Finally, they pointed to the plaintiff’s delay in seeking medical treatment as evidence that he could continue working despite the accident.
We countered these arguments with robust evidence and testimony from our medical and vocational experts. Our detailed presentation successfully demonstrated the connection between the plaintiff’s injuries and the accident, as well as the extent of his economic losses. This compelling evidence persuaded the defendants to extend a significant settlement offer.
Konstantin’s motion for summary judgment under Labor Law §§ 200 and 241(6) was still pending when the parties engaged in private mediation.
This case was referred to WRSMH by a New York City workers’ compensation firm.