Serious injuries are a reality of the dangerous work NYC construction workers perform every day. New York has passed the strictest laws in the nation, commonly referred to as the Scaffold Law. Despite this stringent law, incidents and serious injuries occur when those responsible for safety fall short in their duties and obligations.
Raphaelson & Levine just resolved the claims for a seriously injured construction worker who fell from a scaffold. The scaffold was required to have braces and guard rails at its sides. The braces and guard rails were removed when the material was loaded and delivered to various levels of the scaffold. Our client went onto the scaffold to assist co-workers. He was unaware of the missing guardrails and braces. As he stepped onto the scaffold, the board shifted, causing him to lose his balance. He fell in the direction of the missing guardrail, and as a result of their absence, he fell nearly three stories to the debris-strewn ground below.
The defendant's failure to have a guard rail was a violation of the Scaffold Law and the basis of our claims. As a result of the fall, our client sustained a scapula fracture and injuries to his shoulders and knees. These injuries required extensive care and have left him unable to work in his line of employment as a New York Union Mason.
Our office litigated the claims in Queens Supreme Court. Following extensive discovery, we moved for summary judgment, and our motion was originally denied. We filed an immediate notice of appeal and intended to appeal to the Second Department Appellate Division. Raphaelson and Levine are tenacious Litigators and quite simply do not give up in our pursuit of justice.
While the appeal was being drafted, the matter proceeded to mediation. At the mediation partner, Andrew Levine presented the case and argued aggressively for compensation for our client. While progress was made, Andrew felt the need to walk away as he was certain he could secure a greater recovery for the client.
Following the mediation, Andrew negotiated a settlement of $1.5 million dollars PLUS the full waiver of the compensation lien, which totaled over $300k, bringing a total recovery to over $1.8 million dollars.
Our refusal to quit, our firm's commitment to our client, and the willingness to take this matter before a jury certainly helped secure our client a substantial recovery that will well compensate him for his injuries and provide for his future.