$1.1 Million Construction Site Fall Settlement, Bronx

Raphaelson & Levine secured a $1.1 million settlement for a Bronx construction worker who fractured his left elbow after tripping on a hazard in the walkway while heading to clock out at the end of his shift.

A Trip-and-Fall on a Bronx Construction Site

The end of a shift should be the safest part of a construction worker's day — tools are being put away, equipment is being shut down, and workers are heading out. But at this Bronx construction site, the pathway leading to the time clock was obstructed by debris and materials that the general contractor had failed to clear. Our client, walking the same route every worker used at shift change, tripped on the hazard and fell, fracturing his left elbow on impact.

An elbow fracture for a construction worker is particularly consequential — the joint is critical for lifting, gripping, and performing virtually every manual task required on a job site.

Proving the Contractor's Duty to Maintain Safe Walkways in the Bronx

The general contractor argued that our client should have watched where he was walking and that the hazard was "open and obvious." Our Bronx construction accident attorneys dismantled this argument by establishing that the contractor had a non-delegable duty under New York Labor Law to maintain safe conditions throughout the site — including pedestrian pathways.

Site photographs taken after the incident showed that the pathway was cluttered with construction debris that had accumulated over multiple shifts. Workers used this route every day to reach the time clock, and the contractor knew it. A safety expert testified that the failure to keep a designated pedestrian path clear of tripping hazards violated both OSHA standards and standard construction site safety practices.

$1.1 Million for a Bronx Worker's Elbow Fracture

The $1.1 million settlement compensates our client for the elbow surgery, physical therapy, lost construction wages, and the permanent reduction in function that affects his ability to perform the physical work he has done throughout his career.

"The 'open and obvious' defense doesn't hold up when a contractor lets debris pile up on the only path workers can use to leave the site. Every worker who walked that route was at risk, and it was the contractor's job to keep it clear. Our client paid the price for that failure."

— Howard Raphaelson, Founding Partner at Raphaelson & Levine

If you've been injured in a trip and fall or any accident at a construction site in the Bronx or New York City, our Bronx construction accident attorneys have decades of experience with Labor Law claims and contractor negligence, and are ready to review your case. Contact us today for a free evaluation.