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$5 Million Settlement Secured for Injured Construction Worker

In a landmark case, attorney Stephen Wagner from Wingate, Russotti, Shapiro, Moses & Halperin, LLP (WRSMH) achieved a significant victory for a 32-year-old undocumented construction worker who faced life-altering injuries due to unsafe workplace conditions. This resolution comes after the worker endured a partial leg amputation and permanent nerve damage in a harrowing incident involving an unguarded demolition saw.

The Incident

The accident occurred while the worker was operating a saw intended for cutting wood at a construction site. Tragically, he slipped on a surface that had become hazardous due to melting snow, leading him to severely lacerate his leg. The saw was deemed unsuitable for the task, and crucially, it lacked a retractable guard over the blade—a critical safety feature that could have prevented the injuries.

As a result of the accident, the worker suffered complete damage to the peroneal nerve, which resulted in drop foot and long-term mobility challenges that necessitate the constant use of an orthotic device. Despite undergoing multiple surgical procedures, including ACL reconstruction and lumbar spine surgery, the worker continues to grapple with the enduring ramifications of this incident.

Legal Proceedings

In the aftermath of the accident, the defendants—including the general contractor—denied liability, asserting that the worker had misused the saw by opting to use the incorrect tool for the job. However, Wagner and his team at WRSMH were able to gather compelling evidence during mediation that showcased the worker's limitations. This included video and photographic documentation as well as testimonies that highlighted the lack of intervention by supervisory staff, who observed the worker using the saw but failed to step in.

The legal action cited breaches of New York State Labor Law, and while the defense pushed back against claims of liability as well as the medical necessity for certain treatments, the case ultimately reached a resolution through mediation. The resulting settlement amounted to a substantial $5 million, which aims to provide some semblance of justice and financial stability for the injured worker and his family.

A Statement from Stephen Wagner

Reflecting on the case, Stephen Wagner remarked, "This was a life-changing injury that could have been prevented with proper oversight and equipment. We take pride in achieving a result that offers justice and financial security for our client and his family." Wagner’s commitment to ensuring safety and accountability in construction sites is well-illustrated through this case, shedding light on the ongoing risks that construction workers face daily.

About WRSMH

Wingate, Russotti, Shapiro, Moses & Halperin, LLP, located in New York, is a well-respected law firm specializing in construction accidents and advocating for victims of workplace negligence. The firm has a proven track record, having recovered hundreds of millions of dollars for injured clients, and continues to prioritize the promotion of safety standards across all job sites in New York.