New York Construction Accident - Fall by Laborer
Wingate, Russotti, Shapiro, Moses & Halperin LLP is proud to announce a $2,750,000 construction accident settlement secured by attorney Konstantin Burshteyn on behalf of a 49-year-old electrical technician who suffered serious injuries in a ladder fall on a New York City school renovation project.
Our client was installing security cameras more than ten feet above ground when the extension ladder he was using suddenly failed, causing him to fall and sustain significant trauma.
This accident marked the last day he was able to work, and he immediately required emergency medical care. Doctors diagnosed a fractured ankle that necessitated ORIF surgery, followed by a second arthroscopic procedure when his pain persisted. He also suffered severe back injuries, and after months of unsuccessful conservative treatment and pain-management therapies, he ultimately required a lumbar fusion surgery.
The defendants aggressively contested the case, challenging both liability under Labor Law 240(1) and the causal relationship between the accident and the client’s injuries. Their experts claimed that our client was solely responsible for the fall because he misused the ladder and he had proper safety devices available. They further argued that his back injuries were preexisting and degenerative, pointing to prior workers’ compensation claims in an attempt to minimize the severity of the construction accident.
Despite these efforts, WRSMH conducted extensive discovery, retained top-tier experts, and successfully defeated the defendants’ summary-judgment motions. Konstantin also appealed the court’s denial of our own summary-judgment motion under Labor Law §§ 240(1), 241(6), and 200, positioning the case for trial and demonstrating our readiness to prove both liability and damages before a jury.
As trial preparation continued, the parties participated in a private mediation. Through a compelling presentation of the evidence, medical support, and expert testimony, Konstantin and the WRSMH team convinced the mediator, defense counsel, and the insurance carriers that a jury would find the defendants liable for failing to provide proper safety equipment on a construction site. Faced with the strength of our case and the clear connection between the fall and our client’s injuries, the defense agreed to a $2,750,000 settlement.
This result highlights the firm’s commitment to providing aggressive, results-driven representation for injured workers throughout New York. WRSMH’s success in this case underscores the importance of having an experienced New York construction accident lawyer who understands Labor Law 240(1) and who is fully prepared to take a case to trial when necessary. At Wingate, Russotti, Shapiro, Moses & Halperin LLP, we fight relentlessly to secure the maximum compensation our clients deserve after a scaffold or ladder accident, and we remain dedicated to protecting the rights of workers injured on unsafe job sites across NYC.