#United States #Brooklyn #Konstantin Burshteyn #crane operator

Landmark Settlement for Crane Operator in Brooklyn

An impressive settlement has emerged from Brooklyn for a crane operator who faced severe injuries after a construction site fall. Attorney Konstantin Burshteyn of the Wingate, Russotti, Shapiro, Moses & Halperin, LLP, took the lead in negotiating a remarkable $8 million settlement, all while ensuring a complete waiver of the workers' compensation lien related to the case.

Background of the Case

The injured individual, a seasoned 57-year-old crane operator affiliated with Local 14, experienced a traumatic fall at a Brooklyn construction site. The incident unfolded when he stumbled over scattered construction debris and materials obstructing his pathway. It wasn’t just an unfortunate misstep; the law firm asserted that the general contractor and property owners were negligent in maintaining a safe working environment, which is a direct violation of the Labor Law, particularly sections 200 and 241(6).

Through the diligent work of Burshteyn and his team, an in-depth investigation was conducted that included numerous depositions. The investigation unearthed that the area where the incident occurred lacked proper illumination and contained loose rebar carelessly left by a subcontractor. Additionally, accident reports created following the fall bolstered the claims made by the plaintiff.

Injuries and Medical Challenges

The consequences of the fall were profound, resulting in severe injuries including significant damage to his ankle and knee. The plaintiff's existing lower back condition was also exacerbated by the accident. Although initial efforts were made to return to work, it became evident that the injuries were more severe than previously thought. After undergoing arthroscopic surgeries on the knee and ankle, persistent back pain led to further medical evaluations, including consultations with surgeons who had previously performed surgeries on him. Ultimately, he was diagnosed with adjacent-level syndrome, which necessitated a two-level lumbar fusion.

Compounding the situation was the chronic pain that followed, leading to the implantation of a permanent spinal cord stimulator. Physicians revealed that because of the grave nature of his injuries, lifelong medical attention would be essential.

Crafting a Plan for Recovery

Recognizing the long-term challenges, WRSMH engaged a life care planner and vocational expert to craft a detailed care plan for the plaintiff. Additionally, economic specialists were consulted to evaluate the financial impact of the injuries, including wage losses, reductions in 401(k) and pension contributions, as well as lapses in health care provisions.

While the defendants aimed to downplay the connection between the injury and the plaintiff's pre-existing back issues, the evidence brought forth by WRSMH showcased a robust connection between the fall and the plaintiff's current medical predicament. Despite their attempts to mitigate the economic damages claim, the thorough documentation and detailed representation by Burshteyn led to an attractive settlement offer.

Mediation and Settlement Outcome

The case reached a turning point at private mediation where, even with Burshteyn's motion for summary judgment still pending, the defendants finally conceded to the demands presented. The agreement reached culminated in the signing of the $8 million settlement, marking a significant victory for the injured crane operator.

This exceptional case is a testament to the commitment and legal acumen displayed by Konstantin Burshteyn and the WRSMH team, making it a landmark settlement that underscores the necessity of safe working conditions at construction sites. If you or someone you know has been adversely affected in a similar manner, contacting underlining legal support could lead to rightful compensation.