$1.8 Million Construction Accident Settlement in New York

Raphaelson & Levine recovered $1.8 million for a window installer crushed when a 6,000-pound machine fell on him due to an uneven work platform in New York.

Three Tons of Equipment on an Uneven Surface

Six thousand pounds. That is the weight of the machine that fell onto our client while he was helping his supervisor move it during a commercial window installation project. The platform beneath them was uneven — a condition that should have been identified and corrected before anyone attempted to relocate equipment of that size. Without mechanical assistance such as a dolly, forklift, or rolling platform, two workers were left to maneuver three tons of machinery by hand across a tilted surface.

When the machine shifted and toppled, it struck our client with a force that no human body can absorb safely. He sustained injuries that required emergency medical care, followed by an extended recovery that kept him out of work and unable to perform basic physical tasks.

Why This Accident Should Never Have Happened

Moving 6,000 pounds of equipment across an unleveled platform without mechanical aid is not just careless — it violates basic workplace safety principles. Our construction accident attorneys documented that the general contractor failed to inspect the platform surface, failed to provide appropriate material-handling equipment, and failed to implement a safe work procedure for moving heavy machinery. Howard Raphaelson, who personally directed the investigation, retained an occupational safety expert who confirmed that every one of these failures violated OSHA standards and New York Labor Law requirements.

The defense argued that our client was partially at fault for agreeing to move the machine. Our premises liability lawyers countered that responsibility for safe conditions rests on the property owner and contractor — not the worker who follows his supervisor's instructions on a job site.

A $1.8 Million Recovery

The settlement compensates our client for his medical treatment, lost income during recovery, and the lasting physical impact of being struck by a three-ton machine. It also holds the contractor and property owner accountable for the dangerous conditions they created and ignored.

"When you ask two workers to move 6,000 pounds across an uneven surface with no mechanical equipment, you are creating a situation where someone is going to get hurt. Our client was following orders, and the people responsible for that site failed to protect him. This settlement reflects the severity of that failure."

— Howard Raphaelson, Founding Partner at Raphaelson & Levine

If you've been injured by falling equipment or unsafe conditions on a New York construction site, our construction accident attorneys have recovered millions for workers harmed by contractor negligence, and are ready to review your claim. Contact us today for a free case evaluation.