A significant victory for workers' rights, a 49-year-old union worker reached a $5 million settlement after being seriously injured on a New York construction site. The case, which was led by attorneys KennethHalperin and Bryce Moses of Wingate, Russotti, Shapiro, Moses & Halperin, LLP, sheds light on the critical need for workplace safety and the rights of injured workers, regardless of their immigration status.
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The construction accident that led to the settlement occurred in a sub-basement of a construction site where the worker, a union tiler, was completing routine tasks. After laying down a section of tiles in a hallway, he went to cover his work with a sheet of Masonite for protection. To do this, he had to enter a dark room where the Masonite was stored. The room, which lacked any kind of lighting, made it difficult for him to see what was around him.
As the worker felt his way through the room, he found the sheet of Masonite and began pulling it out. He took a few steps back towards the hallway when, without warning, a metal door that had been carelessly propped against a wall by another subcontractor suddenly fell and hit him on the head. The impact was immediate and violent, knocking him to the floor and leaving him confused and in pain. He had no idea what had caused the door to fall.
Despite efforts by the defendants to argue that the worker's own actions were to blame, Halperin and Moses were able to secure a major legal victory under New York State's Labor Law 240(1), which holds employers accountable for ensuring safe conditions on construction sites. The court ruled that the worker was entitled to compensation for his injuries, which included fractures in his C2 vertebrae, disc herniations, and spinal cord compression.
But the physical injuries were just the beginning. The worker also suffered a traumatic brain injury, which was confirmed through an MRI and neuropsychological testing. The brain injury caused lasting emotional and cognitive effects, including anxiety, depression, and difficulty controlling his emotions. The psychiatric evaluation revealed that while his speech was normal, it had become louder and more agitated, reflecting the toll the injury had taken on his mental health.
The case was set to go to trial, but the attorneys were able to reach a settlement just days before the jury was scheduled to be selected. Moses, the lead attorney, used a unique negotiation strategy to ensure the worker received the maximum compensation possible. He secured an additional 9% interest on $3 million for the unresolved insurance issues between the parties, bringing the total settlement to $5.54 million.
“It's about sending a clear message that workers' safety matters,” said Bryce Moses, who led the negotiations “No worker should have to suffer because of preventable safety hazards at their workplace. We fought hard to make sure our client received the justice he deserved, and that's what this settlement represents.”
The worker, who requested to remain anonymous, expressed his gratitude for the settlement, which will help cover his ongoing medical treatments, rehabilitation, and daily living expenses. “When I was first injured, I thought there was no way I would be able to get fairly compensated for the injuries that I suffered from and my inability to resume my work as a construction worker,” he said. “But Ken and Bryce made sure I got what I deserved, and they were there for me every step of the way.”
This case is an important reminder of the dangers workers face every day on job sites, and the crucial role that lawyers play in defending their rights. It also highlights the importance of holding employers accountable when unsafe conditions lead to injury. New York's Labor Law 240(1) is designed to protect workers from falling objects and other construction hazards, but this case shows how legal intervention is often necessary to ensure that those protections are enforced.
Bryce Moses stressed that workers, especially union workers, must understand that they are not alone in their fight for safety. “Workers who are injured on the job have rights, regardless of their immigration status or their role on the job site. This case shows that, when owners, contractors and employers fail to provide a safe working environment, workers can take legal action and receive the compensation they need to rebuild their lives.”
This victory is a step forward for workers across the country and an important reminder that, with the right legal help, justice can be achieved-even in the face of challenging circumstances.
Read more: https://www.wrshlaw.com/verdicts-settlements/construction-unhinged-door.html
For more information, contact the law office of Wingate, Russotti, Shapiro, Moses & Halperin, LLP:420 Lexington Ave Suite 2700, New York, NY 10170Phone: (212) 986-7353Email: etena@wrslaw.comWebsite: www.wrshlaw.com
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SOURCE Wingate, Russotti, Shapiro, Moses & Halperin, LLP
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