New York Construction Accident
In a significant legal victory, WRSMH Attorney Konstantin Burshteyn successfully secured a $6 million settlement for a 29-year-old union laborer who was seriously injured in a slip-and-fall accident at a construction site in New York City. The client, a dedicated member of Local 79, sustained multiple severe injuries, including damage to her neck, back, and right hip, requiring numerous surgeries and extensive medical treatment.
The accident occurred shortly after the laborer had finished her toolbox meeting and was about to begin removing debris from the site. As she walked over a plywood board serving as a passageway, she slipped on a patch of black ice—a hazard that was not immediately visible to her. After the fall, she stopped working for the day and sought medical attention the following day at an emergency room, reporting neck and right shoulder pain.
Initial evaluations revealed no fractures, but further testing showed significant cervical spine damage, including herniations and bulges. Despite trying various pain management treatments, her condition worsened, ultimately necessitating a single-level cervical fusion to stabilize her neck. Months later, she began experiencing right hip and lower back pain, which progressively intensified. Consulting her hip surgeon—who had previously performed a total hip replacement before the accident—led to the discovery of a labrum tear in her hip, which was attributed to the slip-and-fall. She ultimately underwent arthroscopic surgery to address the damage.
As her recovery progressed, she continued to suffer from severe lower back pain, leading to extensive legal hurdles in obtaining necessary treatment. The client faced challenges with the Workers' Compensation Board, where she had to litigate the causality and medical necessity of her ongoing treatment. After years of legal disputes, diagnostic imaging confirmed a herniated disc in her lower back, requiring a lumbar laminectomy.
The case was further complicated by the client’s pre-existing conditions, including hip dysplasia—for which she had undergone hip replacement surgery a year before the accident—and a rare genetic disorder called hypophosphatasia, which impairs bone and tooth mineralization. These conditions complicated her recovery and treatment plan. However, despite these factors, doctors confirmed that the accident significantly worsened her condition, necessitating lifelong medical care and rehabilitation.
Konstantin took a proactive approach to address these complexities by consulting medical and vocational experts. A Life Care Plan and Vocational Expert were employed to develop a comprehensive care plan for her future medical and rehabilitative needs. Additionally, economic experts analyzed her financial losses, including wage losses, loss of employer contributions to her 401(k) and pension, and the impact of losing health insurance coverage.
Despite these strong arguments, the defense team sought to dismiss the case. They cited testimony from her foreman, who claimed that salting and de-icing passageways were part of the plaintiff's job duties. The defense also argued that the icy condition was "open and obvious," contending that the client should have noticed the hazard, as a co-worker had avoided the same passageway due to its wet appearance. Furthermore, the defendants disputed the causal link between the client’s hip and back injuries and the accident, attributing them instead to her pre-existing conditions. They also attempted to downplay her injuries by referencing video surveillance that purportedly showed her moving with apparent ease, suggesting her physical limitations were exaggerated.
WRSMH countered these claims with a strong case. Through meticulous analysis of medical records, expert testimony, and a compelling presentation of the client’s injuries and ongoing care needs, Konstantin demonstrated that her injuries were directly caused by the slip-and-fall accident.
Motions for summary judgment on Labor Law 241(6) and Labor Law 200 were denied, and the case was set for trial in Kings County. As the trial date approached, the parties reached a settlement through private mediation, resulting in a $6 million resolution.
The case was referred to WRSMH by a New York City Workers' Compensation firm.