Major Workers' Rights Victory: $5 Million Settlement for Injured Union Member

In a landmark case that underscores the importance of worker safety, a 49-year-old union worker has secured a monumental $5 million settlement following a serious injury sustained at a New York construction site. This case, handled by the law firm Wingate, Russotti, Shapiro, Moses & Halperin, LLP, brings to light the critical need for enhanced safety measures in workplaces, especially in industries such as construction that often expose workers to significant hazards.

The Incident

The incident occurred during routine work by the union tiler, who was engaged in the installation of tiles. After completing a section of tiling, he entered a poorly lit storage room to retrieve Masonite sheets to protect his completed work. Unfortunately, the dim conditions posed a serious risk. While maneuvering in the dark, a metal door that had been improperly left propped up by another subcontractor unexpectedly fell, striking him on the head. The violent impact resulted in immediate disorientation and physical pain, leading to a cascade of medical issues following the incident.

The Legal Battle

Despite attempts by the construction site owners and their legal team to deflect blame onto the worker, the attorneys Kenneth Halperin and Bryce Moses successfully argued the case under New York State's Labor Law 240(1). This law is designed to protect construction workers from falling objects and hazards. The court ruled in favor of the worker, recognizing his entitlement to compensation for extensive injuries, which included fractures to his C2 vertebra, disc herniations, spinal cord compression, and a traumatic brain injury (TBI).

The TBI not only manifested as physical pain but also led to severe emotional and cognitive disabilities. Evaluations indicated persistent anxiety, depression, and challenges with emotional control, significantly affecting his quality of life. The legal team managed to reach a settlement just before the trial was set to commence, utilizing strategic negotiation techniques to secure an additional 9% interest on outstanding insurance issues, ultimately increasing the total settlement to $5.54 million.

Importance of Worker Advocacy

Bryce Moses emphasized, "This settlement sends a strong message regarding the significance of worker safety. No employee should endure harm due to avoidable dangers in their workplace." The injured worker, whose identity remains confidential, expressed profound gratitude for the outcome. He reflected on his fears of inadequacy in obtaining necessary compensation after his life-altering injury, commending Halperin and Moses for their unyielding support and dedication. "They were there for me at every step, ensuring I received the justice I deserved," he remarked.

The victory serves as a stark reminder of the daily dangers workers confront and the need for vigilant legal advocates to protect their rights. New York's labor laws aim to provide essential protections, but incidents like this showcase the realities of legal interventions necessary to uphold safety standards.

Looking Forward

Moses highlights the rights of all workers, particularly those in unions, asserting that injured individuals are entitled to protections, irrespective of their immigration status. This case illustrates how critical it is for workers to be aware of their rights and the recourse available to them when employers neglect their responsibilities.

This settlement not only benefits the individual worker but also reinforces a broader movement advocating for improved safety standards and legal accountability in workplaces nationwide. It's a step forward in the ongoing struggle for fair treatment and protection of workers, affirming that with adequate legal support, justice is attainable, irrespective of the obstacles faced.

As this case illustrates, the fight for workers' safety continues, emphasizing the invaluable role of dedicated legal practitioners in safeguarding the rights and well-being of laborers across the country.