NY Construction Accident
Wingate, Russotti, Shapiro, Moses & Halperin, LLP attorney Tracy A. Kinneary secured a $1,650,000 settlement, including a full waiver of the workers’ compensation lien, for a non-union laborer injured in a ladder fall at a construction site. The plaintiff sustained injuries to his left knee and left shoulder, both of which required arthroscopic surgery.
Tracy obtained summary judgment on liability under Labor Law § 240(1) against the owner and general contractor, despite the accident being unwitnessed and defendants’ reliance on conflicting medical records. Tracy strengthened the damages claim by relying on objective U.S. Bureau of Labor Statistics wage data to support a loss of earnings where reliable payroll records were unavailable due to the employer’s fraudulent business practices that had resulted in a criminal conviction.