WRSMH attorney Konstantin Burshteyn secured a $950,000 settlement for a 61-year-old construction worker involved in an accident on a New York City construction site. Our client, a bricklayer, was injured when the scaffolding he was operating malfunctioned and caused him to fall off the scaffold. He was tied off with a harness and was injured when he slammed into the side of a wall and then was jolted by the harness, which prevented him from falling to the ground. As a result of the accident, our client sustained injuries to his knee, which required arthroscopic surgery, and also sustained a groin injury that required a hernia repair.
Defendants argued that our client was fully responsible for the accident because they claimed it was his operation of the scaffolding that created the dangerous condition and caused him to fall. The defendants further argued that his injuries were degenerative, were not related to the claim, and did not prevent him from returning to further employment. Konstantin countered this argument by establishing that the scaffold malfunctioned and that the plaintiff had nothing to do with the problem.
Konstantin was able to convince the insurance carrier and mediator that the defendants violated Labor Law 240 and resolved the case through private mediation before the completion of all of the defendants’ depositions. The case had been referred to WRSMH by a smaller NYC personal injury firm.