Raphaelson & Levine Has Helped Victims Recover More Than $500 Million In Verdicts And Settlements
New York State Laws recognize the rights of those that build, repair, restore, and modernize the buildings, roads, homes, schools, trains, utilities, escalators, elevators, and the general infrastructure of our city. These rights are recognized in labor laws that protect workers that are injured on-the-job during construction including scaffolding accidents, crane accidents, electrical accidents, welding accidents, ladder accidents, forklift accidents, elevator accidents, and nail gun accidents — among others.
If you’ve been injured on a construction site and have questions about your legal rights, construction lawsuits, or your next steps, we invite you to speak with a construction accident lawyer at our firm. To request a free consultation, please the free lawyer consultation form or call 212-268-3222.
Below are brief summaries of construction accident settlements we have secured for past clients.
$1,500,000 injury Settlement
Bronx Scaffold Injury Settlement
$1,350,000 Settlement
New York Construction Site Elevator Accident
$1,140,000 Settlement
Job-Site Trip & Fall Injury Settlement
$8,500,000 injury Settlement
Bronx Building Collapse Injury
$795,000 injury Settlement
Brooklyn Fall From Heights Injury
$715,000 injury Settlement
Construction Laborer Back Injury Settlement
$1.8M Scaffolding Accident Settlement
Raphaelson & Levine’s Construction Litigation Team Strikes Again
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.
$2.75M Scaffolding Accident Settlement
Raphaelson & Levine Secure A Huge Victory For A Local 1 Union Bricklayer.
Our client was working on a 40 million dollar construction project in NYC. A cement buggy was not adequately secured and fell nearly four stories striking the scaffold planking our client was standing on, propelling him upward. (Imagine an anvil dropping on a seesaw.)
In the air, he
impacted the scaffold decking above him and was falling towards the ground when he was able to save himself hanging on the now broken scaffolding.
His injuries included; his right shoulder, right knee, head, neck, and back. He required right shoulder surgery to repair torn ligaments since the trauma he’s been unable to return to his job as it required heavy lifting.
The scaffolding accident not only affected him but his entire family. We worked closely with medical experts and economists to document his pain and suffering as well as the significant financial losses this incident created.
Our firm litigated the case extensively in Bronx Supreme Court, and ultimately yesterday, Andrew Levine and Howard Raphaelson resolved the matter at mediation. 2.4 million dollars was recovered for our client PLUS a full waiver of his workers’ compensation lien bringing the total recovery to $2.75 million.
$1M Construction Accident Settlement
The victim, a carpenter, was knocked off a ladder on a job site in Brooklyn, New York. He was on the ladder, constructing a wall when he fell. As a result of the fall, he shattered his heal (a calcaneus fracture).
He had to undergo multiple surgeries to construct and then remove the hardware in his foot. The carpenter will live with chronic pain and arthritis for the rest of his life. Unfortunately, he will never be able to return to his old job due to his injuries.
He turned to the construction accident attorneys at Raphaelson & Levine to represent him in a lawsuit against the property owner and general contractor.
Our NY construction accident lawyers argued that the proper safety precautions were not in place while the carpenter was on the ladder performing his work. Additionally, a proper safety harness, hard hat, and other safety equipment that would have prevented the fall were also not provided.
To prove our client’s claim of chronic pain and range of motion restrictions, our firm retained an expert economist to show how much he would lose in wages for the rest of his life. The defense attorneys contended he could go back to his job as a teacher even though it had been over a decade since he had taught.
The matter went to mediation after the Plaintiff’s deposition, and our client was awarded a $1,000,000 injury settlement in Brooklyn, New York.
$5.75M Construction Accident Settlement
$1M Worksite Trip & Fall Settlement
Andrew Levine and Howard Raphaelson successfully obtained a $900K settlement in a labor law case for a deserving client of the firm. Our client also received nearly $200,000 in compensation benefits bringing the total recovery to over $1 million.
Our client was injured when working in the construction of a new luxury Brooklyn hotel. He was not provided a safe place to work and was injured when he tripped over loose materials that were scattered about the job site while he was descending a ladder.
We contended that the job site violated various safety standards including the scaffold law and the NYS Industrial Code which mandates safety for workers at construction sites.
Our client sustained a fractured shoulder and an injury to his knee. The matter was litigated in Kings Supreme Court and resolved at a Mediation before Hon Justice Hurkin Torres.
Construction workers are owed a safe place to work. Profits should never be favored over safety.
$2.5M Construction Fall Injury Pre-Trial Settlement
After a laborer was injured while working at a large scale construction project in downtown New York City, they turned to Raphaelson & Levine for help. Our client was hired to place waterproofing material down on a partially demolished roof on a property owned by the City of New York but was not provided with any safety equipment or fall protection.
Suddenly, the roof he was standing on collapsed leading him to fall down nearly 15 feet into a stairwell below, shattering numerous bones including his pelvis and multiple ribs upon impact and sustaining additional injuries to his neck and back.
Our firm aggressively litigated the matter in New York Supreme Court, where, during litigation, the defendants requested that the matter be mediated. The mediation was unsuccessful in resolving the case due to a multitude of insurance issues, and our firm continued proceeding aggressively towards trial. Leading up to the trial, our client, with advice from our firm, made the decision to turn down three seven-figure offers.
After exhaustive discovery, including upwards of ten depositions, we moved for summary judgment. Attorney Steven November authored exceptional papers and the Court granted our client summary judgment versus both the City of New York and the General Contractor.
Our client placed his confidence in our firm to provide him with a voice. Through skilled negotiation partner Andrew Levine successfully delivered a $2.5 million dollar settlement which will provide guaranteed compensation to our client for the full extent of his injuries, and will hopefully serve an important lesson to contractors throughout New York about job-site safety.
$500K Uninsured Job-Site Injury Settlement
Our client, a carpenter on a gut renovation project in Bedford–Stuyvesant, Brooklyn, went to plug in a hand-operated circular saw when disaster struck. Unbeknownst to him, the saw had been jerry-rigged to stay in the ‘on’ position. The moment the saw was plugged in the blade started spinning causing the saw go airborne, and slicing into our clients back deep enough to shatter two of his ribs. The blade left a wound nearly 16 inches long by 5 inches wide.
Unbelievably, the saw blade avoided any major organs, arteries or blood vessels. The carpenter was then rushed to the hospital where their wound was surgically closed. Following the emergency surgery, he remained admitted a total of 6 days for pain management.
Our firm brought a personal injury lawsuit against the building owner. The saw was owned by his employer who provided workers compensation and could not be sued in this action. We established that the owner violated the NYS Industrial Code which requires owners to ensure that tools on work sites are safe. The owner had failed to secure proper insurance and was forced to defend the case without the benefit of insurance. The owner actually brought suit against their broker for failing to secure adequate insurance.
After a grueling 3-hour mediation session, which was held amongst all the parties before the Honorable Justice Larry Schachter, partner Andrew Levine prevailed; earning our client justice in the form of a $500,000 recovery.
Many firms run when they hear “there is no insurance” but Raphaelson & Levine valiantly fought for our client, the court for justice and gave a voice to the injured. Perseverance and preparation paid off and justice was obtained.
$1.8M Steamfitter Injury Settlement
While working as a Steamfitter on a construction site in New York, our client, a 60-year-old from the Bronx, was struck by a 200-pound pipe that was being hoisted in order to install it to an i-beam. The impact of this collision resulted in serious injury to the Steamfitter, who ultimately was never able to return to work.
Our firm used extensive resources including an economist and medical experts to prove our case, with the help of National Arbitration mediator Robert Adams.
After aggressive litigation, at a final pretrial conference in Bronx County, the terms of a $1.8 Million Dollar settlement were reached between partner Howard Raphaelson and a mechanical contractor that was hired by Bronx Community College and the City of New York.
We are proud that we were able to obtain an award that will allow this injured worker to support himself and his family for the rest of his life, and hope this matter serves to help make job sites safer for workers throughout New York.
$715K Judgment for Back Injury
New York, New York — January 12, 2012 — When a 52-year-old laborer backed into a piece of structural steel while bent over painting rebar on the ground, he suffered lumbar injuries that kept him from working for two years. New York Construction Injury Law Firm Raphaelson and Levine was there to help.
Raphaelson and Levine successfully argued a recent U.S. Court of Appeals decision applied to this case which held; objects that fall from the same level as a worker can be considered a violation of labor law section 240. Section 240, commonly known as the “ladder law,” applies to accidents involving construction workers injured as a result of a fall from a ladder, scaffold or other device and from injuries caused by falling objects.
“In addition to labor law section 240, we were also able to successfully argue that Section 241 (6) applied.” Partner Andrew Levine said, “We held the defendants liable for failure to comply with an industrial code section that required a work area free from tripping and other hazards. The defendants failed to provide a safe working area for our client, and as a result he was seriously and permanently injured.”
$237.5K Construction Accident
A 31-year-old off-duty policeman fell through a large hole at a construction site. As a result of the fall the young man sustained a severe fracture of his wrist. The Raphaelson & Levine Law Firm was able to establish that this injury amounted to a permanent disability. At trial the Raphaelson & Levine Law Firm was able to prove that the General Contractor and Property Owner both failed to safeguard the area or warn our client about the danger. As a result the matter was resolved with a $237,500 settlement in this construction accident lawsuit.
$300K Construction Accident
A 43-year-old construction worker in Nassau county was awarded $300,000. Our client was installing bathroom tile on the upstairs level of a private residential home under new construction. The general contractor required our client to exit the home via a ladder from a second floor window in the bathroom because other workers were constructing the interior staircase at the same time. The general contractor had scheduled multiple trades to work at the same time because he was behind on his construction schedule. Although the ladder was not broken, our client was not assisted while exiting the window and descending the second floor via ladder and sadly fell to the ground sustaining a wrist fracture and vertebrae fractures.
The defendant’s argument that the ladder was not broken and that plaintiff caused his own accident failed. The law supported our client’s claim that the defendant was responsible for failing to supervise and safeguard our client while he exited the second floor via ladder.
$300K Ladder Fall
The Firm successfully resolved a lawsuit for a client who fell from a ladder. Our client broke his wrist and required surgery to stabilize the broken bones. New York personal injury lawyer Howard Raphaelson was able to establish that the general contractor for the project violated the Labor Law by failing to provide proper safety devices that would have prevented this accident. This matter was in Nassau County. Howard achieved an award of $300,000 for our client. Howard said, “Our firm continues to send a message to contractors throughout the state that they must provide for the safety of our workers. Shortcuts will not be tolerated when they place the workers’ safety at risk.”
$300K Scaffold Accident
The Raphaelson & Levine Law Firm represented a New York man working on a construction site that was injured when a scaffold broke and fell causing tools to tumble down striking him in the head. Our client sustained a head laceration that required multiple staples. The construction accident left the man with a fear of working on construction sites or traveling on bridges. Attorney Howard Raphaelson mediated the case and recovered $300,000 on behalf of our client.
$795K Fall From Heights Settlement
Our firm represented a man who was working on a large construction project in Brooklyn. Our client was assigned to the roof and was told to cover the holes with plywood. He was not given any safety devices such as a harness or life line. The holes also did not have any barricades further placing him in danger of falling. He fell through a hole he was attempting to cover and landed on the concrete floor 17 feet below. Howard Raphaelson established that the property owner violated the Labor Law and was able to successfully mediate the case within 8 months of the accident. Our client, who sustained multiple rib fractures and a fractured scapula, recovered $795,000.
$1.14M Worksite Trip & Fall Verdict
Our client was carrying a large roll of wallpaper in an area that was supposed to have been inspected and made safe for the many contractors at this worksite. It wasn’t and he tripped on materials left laying on the floor, which should have been removed. As a result of the accident, he required surgery on both of his knees. The defendants in the lawsuit refused to settle, insisting our client was at fault for the accident. Raphaelson & Levine used the extensive resources of the firm to demonstrate to the jury why the defendants were 100% responsible for the accident. The jury agreed with us, and our client received a sizable, yet fair, verdict.
$1.35M Construction Elevator Accident
A 22-year-old elevator mechanic apprentice sustained permanent injuries when a falling elevator counterweight struck him in the face during the renovation of the elevator. The accident occurred because safety procedures regarding the placement of a mesh fence around the elevator leveling device were not in place, a violation of a New York industrial code. The Raphaelson & Levine Law Firm, P.C. obtained a significant recovery for the young man.
$1.5 M Scaffold Injury
Raphaelson and Levine’s long battle with Bovis Lend Lease ended in a $1.5 million settlement for a 65-year-old construction worker who fell off a scaffold and broke his leg. Our client was awarded summary judgment by a Bronx judge because of the defendant’s failure to properly secure our client while he was on a scaffold. Although he was given a harness, there were no anchorage points for him to tie off to. Justice was delivered to this hard working man, affectionately nicknamed “Happy,” by his coworkers.
$2.25M Scaffold Fall Settlement
The victim, a construction mason, fell 45 feet from unstable scaffolding on a job site in Rockland County, NY. The fall resulted in serious injuries to his back, hip, and knee, including broken bones in his neck, back, and knee, hip fractures, and spinal cord as well as a 12-centimeter laceration of the left leg.
The scaffold fall injuries required multiple surgeries to put in (then take out) hardware used to fuse and mend the victim’s broken bones and to treat the deep cut. The workers will live with chronic pain, motion loss and he can’t lift heavy objects — all of which make it impossible for him to return to his old job.
He hired the construction accident attorneys at Raphaelson & Levine to represent him in a lawsuit against the general contractor, Pontiac Holding L.L.C., and the property owner, Bradley Corp. Park.
Our firm argued the scaffolding platform was comprised due to unsecured wooden planks. Since the platform was not secured the planks shifted and caused his fall. Additionally, the worker was also was not given the proper safety harness, hard hat, or any other equipment that would have prevented the fall.
To prove our client’s claim of residual pain and reductions of range of motion, and the inability to lift heavy objects, our firm hired an expert economist who determined that our client could not resume physical labor, and could not find alternative employment, given their limited education and inability to speak English.
The defense counsel contended the victim can perform light-duty construction work or other work, with no reduction of earning capacity.
The matter proceeded to mediation and despite an aggressive defense — in what is typically a very plaintiff-unfriendly county — our client was awarded a $2,250,000 injury settlement in Rockland Supreme Court. The defendants were found in violation of Labor Law codes 240(1) and 241(6), which require employers to provide workers with safety equipment.
$400K NYC Construction Worker
We recently represented a NYC construction worker who was injured when he fell from a scaffold at a construction site. He sustained serious injuries, including a fractured arm and lacerations to multiple parts of his body. As a result, he was disabled and unable to work for over two years following the accident. The injured worker trusted his attorneys at Raphaelson and Levine to fully litigate the case in order to get the best possible result. The case settled on the eve of trial for $400,000.
During the course of litigation, the defendants refused to take responsibility for this accident, even though they knew all along they were in direct violation of Labor Law 240, which protects NYC construction workers working at elevated heights.
After lengthy and hard-fought litigation–which included multiple depositions, voluminous paper discovery, and numerous motions–the firm was able to obtain summary judgment against the defendant. This means the court found the defendant 100% liable for the plaintiff’s injuries. Still, the defendant did not want to pay the injured worker the compensation he deserved.
Our firm’s trial attorney, Jared Glugeth, picked a jury in King’s Supreme Court. The defendants brought in one of the defense industry’s top lawyers to try the case. After picking a jury, the defendants realized they were going to lose and decided to pay the plaintiff the compensation he deserved.
Needless to say, our client was extremely pleased with the outcome we were able to achieve for him.
$1.85M Construction Accident
This case was resolved at mediation before Mediator Shelly Olsen. The award was for a 52-year old plaintiff carpenter, working at a commercial building under new construction. Plaintiff contended that the defendant was liable under Labor Law Sec. 240 (1) for failing to provide fall protection. The Plaintiff maintained that he fell 18 feet from an unsecured extension ladder.
Labor Law Sec. 240(1) – Plaintiff carpenter at site of commercial building under construction falls 18 feet from ladder – Bilateral wrist fractures – Cervical herniation – Inability to work – Need for future medical care.
The accident occurred in the morning while the Plaintiff’s foreman was using the only scissor lift available at the site. That morning the foreman advised Plaintiff, that the scissor lift would be available in the afternoon. The defendant contended Plaintiff was the sole proximate cause of his accident for failing to wait until the afternoon to perform the work he was doing at the time of the accident.
The Plaintiff countered that he was only instructed to use the scissor lift in the afternoon and there were no instructions not to work in the morning. Since the safety device relied upon by defendants in their defense, was not available in the morning, the defense fails.
At trial, The plaintiff would have also pointed out that the ladder was not tied off, did not have proper footings or hooks at the top of the ladder, nor was an assistant holding and securing the bottom of the ladder.
The plaintiff suffered bilateral wrist fractures and required surgery on the left, non-dominant side.
The plaintiff also maintained that he suffered a cervical herniation that was confirmed by MRI and required fusion surgery.
The plaintiff, who earned approximately $44,000 in the year prior to the incident, contended that he is permanently unemployable.
The plaintiff also contended that he will require future care, including pain management as well as physical and occupational therapy.
The case resolved by Mediated Settlement, prior to trial for $1,850,000 before JAMS mediator, Shelly Olsen
$400K Scaffold Accident Settlement
We recently represented a New York City construction worker who was injured when he fell from a scaffold at a construction site. He sustained serious injuries, including a fractured arm and lacerations to multiple parts of his body. As a result, he was disabled and unable to work for over two years following the accident. The injured worker trusted his attorneys at Raphaelson and Levine to fully litigate the case in order to get the best possible result. The case settled on the eve of trial for $400,000.
During the course of litigation, the defendants refused to take responsibility for this accident, even though they knew all along they were in direct violation of Labor Law 240, which protects NYC construction workers working at elevated heights.
After lengthy and hard-fought litigation–which included multiple depositions, voluminous paper discovery, and numerous motions–the firm was able to obtain summary judgment against the defendant. This means the court found the defendant 100% liable for the plaintiff’s injuries. Still, the defendant did not want to pay the injured worker the compensation he deserved.
Our firm’s trial attorney, Jared Glugeth, picked a jury in King’s Supreme Court. The defendants brought in one of the defense industry’s top lawyers to try the case. After picking a jury, the defendants realized they were going to lose and decided to pay the plaintiff the compensation he deserved.