WRSMH attorneys Ross Barbour and Konstantin Burshteyn settled a case involving a union cement worker for $2,700,000. The client slipped on an untied piece of rebar while walking on a rebar grid, sustaining injuries to his left knee, left shoulder, and lumbar spine. He underwent surgeries for his shoulder and back. The defendants argued that the rebar was an integral part of the work and, thus, not entitled to the protections of the New York Labor Law. Konstantin and Ross were able to demonstrate that the defendants’ own protocols required that they tie the rebar down before permitting workers to walk on the grid. Moreover, although he initially sought treatment in a hospital, the client returned to work following the accident and did not seek follow up treatment until seven months post-accident. Konstantin and Ross established that, while the plaintiff had tried to work, he only did so in pain until he eventually was forced to stop. As part of the settlement, Konstantin and Ross were also able to obtain a full waiver of the Workers’ Compensation lien.
