NY Construction Accident
Wingate Russotti Shapiro Moses & Halperin LLP is proud to announce a $2,800,000 settlement secured by attorney Konstantin Burshteyn, on behalf of a Local 3 union electrician who sustained serious neck injuries while working on a New York City construction site. The matter involved complex liability issues and multiple defendants and reflects the firm’s ongoing focus on representing injured construction workers throughout New York City.
At the time of the incident, the electrician was assigned to install a heavy metal electrical panel trough at an active construction site. This work is typically performed by two workers due to the weight of the equipment and the overhead positioning involved. However, due to COVID-19–related staffing limitations, the site was understaffed. Although the worker requested assistance, he was directed to complete the task alone.
While holding the trough overhead and attempting to secure it to the wall, the equipment slipped and struck him on the head, causing injury to his cervical spine. After reporting the incident to his foreman, the worker attempted to return to work, but soon experienced worsening pain and sought medical treatment. Medical evaluations revealed injuries to his head and shoulder, including multiple cervical disc herniations. When conservative treatment, which included numerous physical therapy and pain management sessions failed, he underwent a two-level cervical fusion at C5–C7. The injuries ultimately prevented him from returning to construction work.
Before retaining Wingate Russotti Shapiro Moses & Halperin LLP, the matter had been reviewed and declined by several other attorneys due to the complex fact pattern, the involvement of multiple parties, and concerns that the case could be dismissed on summary judgment. The defendants maintained that the worker was solely responsible for the accident and that the claims would not survive dispositive motion practice.
After a detailed evaluation, WRSMH accepted the case based on its extensive experience with New York Labor Law and its ability to analyze the factual and legal issues presented. The firm proceeded with the understanding that the case would require significant investigation, expert support, and motion practice to address the defenses raised.
The defendants contested the case from its onset, asserting that the our client created the condition that caused his injuries, misused safety equipment, and that he was the sole proximate cause of the accident. They also disputed the extent and cause of the injuries, citing a prior lumbar surgery, his extensive work labor intensive work history, and suggesting degenerative or unrelated causes. They further highlighted a subsequent motor vehicle accident explain that his inability to return to work was not based on the workplace accident.
Through discovery, site-specific analysis, and expert testimony, Mr. Burshteyn established violations of New York Labor Law §§ 240(1), 241(6), and 200. The Supreme Court of the State of New York ruled in favor of the plaintiff on liability, finding the defendants responsible as a matter of law. The case was then scheduled to proceed to trial on damages only, with statutory interest accruing under New York law.
As trial approached, Konstantin prepared the matter for presentation to a jury while participating in private mediation. Armed with the Court’s favorable decision and expert reports from medical and economic expert witnesses, Konstantin was able to convince the defense attorney and the primary insurance carrier tendered its policy limits. However, Konstantin did not settle for the primary policy and the firm pursued additional recovery from the excess insurance carrier. On the eve of trial, the case resolved for $2.8 million, providing compensation for medical treatment, lost earnings, and future needs.
This outcome reflects Wingate Russotti Shapiro Moses & Halperin LLP’s experience handling New York City construction accident cases involving Labor Law violations, overhead hazards, and serious spinal injuries. The firm represents injured workers throughout Manhattan, Brooklyn, Queens, the Bronx, and Staten Island.
If you or a family member has been injured on a New York City construction site, the attorneys at Wingate Russotti Shapiro Moses & Halperin LLP are available to discuss your legal options.