New York Construction Accident - Saw Injury
WRSMH attorney Stephen Wagner obtained a settlement of $5,000,000 at mediation for our client, a 32-year-old undocumented construction worker. Our client suffered a partial leg amputation and permanent nerve damage following a terrible on-the-job accident. At the time of the accident, the construction worker was using a demolition saw to cut large pieces of wood. However, the saw should never have been supplied to cut wood because it did not come equipped with a retractable guard over the blade.
Our client alleged violations of the New York State Labor Law, which the defendants—including the general contractor—denied. The defendants attempted to blame our client for the accident because he picked out the saw from the tool shed to use. Our client was also standing on the very piece of wood he was cutting. However, it was undisputed that it snowed earlier in the day. As a result, the worker slipped on the wet wood from the melted snow and cut his left leg severely. Further, we also established that the contractors at the site observed our client prior to the accident and never instructed him to use different equipment, thereby decimating their argument that he was at fault.
The saw completely lacerated our client’s peroneal nerve, resulting in a permanent drop foot. This means the worker is no longer able to flex his foot upwards and has a permanent limp. Our client had three surgeries on the leg in the first two weeks following the accident. He later had an ACL reconstruction and one-level lumbar spine surgery. The defendants vehemently refuted the need for ACL and back surgeries.
During the mediation, attorney Stephen Wagner showed the mediator and the defense attorneys a video and photographs demonstrating how our client can no longer flex his left foot upwards and must use an orthotic for the rest of his life to walk. The matter settled for $5,000,000 at the conclusion of the mediation.