Just two weeks before the case was scheduled to go to trial, L&S partner Edward Steinberg successfully secured a $6.45 million settlement for a construction worker injured on the job. This settlement represents a significant turnaround from the defendant’s previous mediation offer of just $1.2 million in August 2024. We are glad to have had the opportunity to represent our client in this matter and celebrate the transformative settlement with him and his family.
This case involved a 31-year-old union laborer who sustained life-altering injuries when a garbage truck struck safety barriers at a construction site in Manhattan, causing them to overturn and knock our client to the ground. Several years later, our client is left with a lifetime of ongoing medical treatments, including ongoing pain management and future surgeries.If you or a loved one has been injured in an accident, read on to learn more about this case or reach out to discuss your matter with our experienced construction accident attorneys in New York.
The Accident
In May 2018, our client was working as a flagman at the loading area of a construction site on East 41st Street in Manhattan. As a member of the Local 79 union, he had worked at the same site since February that year, but only as a flagman for other workers taking breaks.
The loading area was positioned on East 40th Street, and our client was working to direct traffic alongside a co-worker near the loading area. Despite being assigned as a flagman, which is critical for maintaining safety at the work site, our client received minimal training about flagging procedures and wasn’t even provided with a flag — he was forced to direct traffic using only hand signals.
While directing traffic, a garbage truck owned and operated by the defendant pulled into the loading area. The truck driver misjudged the approach and struck the plastic “yodock” safety barriers. Our client described what happened next: “All of the yodocks exploded out in the middle of the street, knocking me and my coworker off our feet.”
Our client was thrown 10 feet away from where he was standing by the force of the exploding barriers. He felt severe pain in his neck, shoulder, and arm, and proceeded to the emergency room as soon as his shift was over.
Complex Medical Journey and Ongoing Treatment
Despite continuing to work for the remainder of his shift, our client’s injuries turned out to be far more severe than he expected. Over the following years, he underwent extensive medical treatment, including multiple surgeries and ongoing pain management procedures.
His medical journey included:
- Right shoulder arthroscopy
- Right carpal tunnel release surgery
- Right ulnar nerve transposition surgery
- Trial spinal cord stimulator implantation
- Spinal cord stimulator lead replacement
- Reimplantation of spinal cord stimulator
As a result of his injuries, our client has been unable to return to work in the same capacity as he did before the accident. Eventually, our client was diagnosed with Complex Regional Pain Syndrome (CPRS) of the right shoulder, resulting in what’s known as “claw hand” — a severely debilitating condition.
Throughout this period, our client has dealt with serious pain and has undergone numerous pain management procedures, including radiofrequency ablations, trigger point injections, cervical medial branch nerve blocks, among many others.
Legal Strategy and Motion Successes
During the case, the defense filed a motion for summary judgment, arguing that our client had failed to adequately plead sufficient industrial code violations as a predicate for claims under Labor Law Section 241 (6). This motion threatened to eliminate our strongest claims against the general contractor.
Leav & Steinberg partner Daniela Henriques expertly opposed the motion, and following oral argument by partner Dan Leav, the court denied the motion.
New York Labor Law Section 241(6) requires that employers “provide reasonable and adequate safety” to all employees performing “construction, excavation, or demolition work.” Labor Law Section 241(6) preserved our client’s claims against the construction site he was working for, and Labor Law Section 200 upheld his claims against the garbage truck operator.
The Importance of Experienced Construction Accident Representation
This $6.45 million settlement represents a 415% increase from the defendants’ final mediation offer of $1.25 million. The dramatic difference demonstrates why construction accident victims need attorneys who understand the complex interplay of Labor Law claims, industrial code violations, and the long-term impacts of serious injuries.
More importantly, full and complete settlements require attorneys who will continue fighting for their clients, even after the defendants make low offers in an attempt to reach an early settlement.
Experienced New York Construction Accident Attorneys
Construction accidents involving inadequate safety measures, improper training, or dangerous working conditions can result in life-changing injuries. At Leav & Steinberg, our attorneys have decades of experience handling complex construction accident cases involving Labor Law claims and other violations.
If you or a loved one has been injured in a construction accident, don’t settle for inadequate representation. Our team of construction accident lawyers understands the nuances of New York Labor Law and has the experience to pursue the maximum possible compensation for your injuries.
Contact us online, or call (347) 960-2422 to speak with our team about your case and learn about the path to recovery.
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