$2.62 Million Construction Accident Settlement in Manhattan

Raphaelson & Levine secured a $2.62 million wrongful death settlement for the family of a Manhattan construction worker who fell 50 feet to his death from a ladder with documented safety violations.

A Fatal Fall at a Manhattan Worksite

A flyman was performing HVAC duct work from a fly floor high above a Manhattan theater stage when the ladder he was using gave way. He fell approximately 50 feet. The fall was fatal. No safety harnesses, guardrails, or other fall protection had been provided despite the extreme height.

Subsequent investigation revealed the ladder had pre-existing violations that should have taken it out of service. The loss left a family without a father, a husband, and a provider — and raised urgent questions about who allowed a worker to climb a defective ladder 50 feet above a concrete floor.

Pursuing Accountability for a Preventable Death in Manhattan

Raphaelson & Levine filed wrongful death claims against the property owner and the general contractor, invoking New York Labor Law Section 240 — the Scaffold Law — which imposes strict liability on owners and contractors who fail to provide adequate fall protection for workers at elevation. Our construction accident attorneys obtained site inspection records, maintenance logs for the ladder, and OSHA documentation that confirmed the violations predated the fatal incident.

The defense argued the worker bore responsibility for his own safety. Our team retained an independent safety engineer who established that the ladder's condition made the fall foreseeable and preventable — and that the general contractor had a duty to inspect all access equipment before permitting elevated work.

Honoring a Worker's Life

The $2.62 million settlement provides compensation intended to cover the family's loss of financial support, funeral and burial expenses, and the grief of losing a loved one to a preventable workplace tragedy. It also holds the responsible parties accountable for allowing dangerous conditions to persist at a worksite where a single fall meant death.

"When a worker is sent 50 feet into the air on a ladder that should have been condemned, every party in the chain of command bears responsibility. This family lost someone who went to work expecting to come home. We pursued this case to make sure the people who cut corners on safety could not walk away from the consequences."

— Howard Raphaelson, Founding Partner at Raphaelson & Levine

If your family has lost a loved one in a construction accident or workplace fatality in New York, our wrongful death attorneys have decades of experience holding contractors and property owners accountable under the Scaffold Law, and are ready to review your claim. Contact us today for a free case evaluation.