Our client, a union painter, fell through a hole in a scaffold that was being used as a work platform and sustained spinal injuries which required surgical intervention. Plaintiff retained several experts including a medical doctor who opined as to causation and plaintiff’s inability to return to work, as well as an Economist who projected plaintiff’s future lost wages and benefits using tax documents, union records and the trades collective bargaining agreement. Claims were made under Section 240(1) of the New York State Labor Law and significant questions as to the credibility of the site safety manager retained by the general contractor were raised by using non-party depositions to counteract the site safety persons various claims concerning the safety precautions that were taken at the construction site.

Our client, a Long Island resident, was struck by a motor vehicle on the way home from her Manhattan office sustaining fractures that required surgery. For several years we aggressively pursued discovery, despite defendant’s claims that the insurance coverage was limited. Through persistence we were able to settle the matter for over fifteen times the initial offer.

Claims for negligent hiring and training were brought against the employer of a worker who assaulted our client. While our client did not undergo surgery, we were able to persuasively document and illustrate the client’s diminished physical capabilities both through testimony and a narrative provided by an expert witness who extensively reviewed the client’s medical history and records to buttress and provide medical support for the pain and suffering our client experienced. The matter settled on the eve of trial for over seven times the offer made at the pre-trial conference a few months earlier.

Our client was injured while working in the shadow of a masonry wall which was under construction. We alleged violations of New York State Labor Law Sections 240 and 241 as well as a host of OSHA violations including failure to establish a limited access zone equal to the height of the wall being constructed plus four feet as well as the general contractors failure to brace and maintain bracing of walls above eight feet in height until after permanent supporting elements of the structure are in place.

A New York City union carpenter injured in a fall from a ladder underwent arthroscopic surgery and brought successful claims for diminished future pension and social security earnings due to the physical limitations caused by his soft tissue injuries. Using expert testimony, we were able to put a monetary value on the pension credits our client was unable to earn due to his time out of work, as well as the future household costs associated with our client now having to hire others to do chores and basic maintenance around his home.

Settlement for construction worker who was knocked off the bed of a truck when it was bumped by a motor vehicle passing by the work zone. The subsequent fall from the platform caused our client to sustain a rotator cuff tear requiring arthroscopic surgery.

Often times when confronted with the facts concerning how the accident took place we will assert separate claims both under New York State Labor Law Section 240(1) and New York State Labor Law Section 241(6).

In prosecuting this case we asserted that not only was the accident gravity related in that the plaintiff was knocked off a work platform but we also asserted a violation of New York State Labor Law Section 241(6) based on Industrial Code Rule 23-1.29. Rule 23-1.29 provides: Whenever any construction, demolition or excavation work is being performed over, on, or in close proximity to a street, road, highway or any other location where public vehicular traffic may be hazardous to the persons performing such work, such work area shall be fenced or barricaded as to direct such public vehicular traffic away from such area, or such traffic shall be controlled by designated persons.

In an incident where our client, an elderly European citizen, slipped and fell on a staircase while on holiday in the United States, we secured a settlement against the property owner as well as a contractor involved in the construction of a defective and improperly designed staircase handrail.

Our client required surgery after fracturing her arm when she tripped over a broken sidewalk flag while entering a well-known chain restaurant with her granddaughter. After suing the property owner, the restaurant’s parent company and the franchisee of the location where the accident took place we were able to establish notice of the defect through a variety of sources including the initial property inspection and survey, testimony from restaurant workers, and historic images of the accident location.

Our client, a professional chef, slipped and fell on an unidentified slippery substance while working in a commercial kitchen. Through non-party depositions, we were able to resolve the matter by raising questions of fact as to whether the substance was left by the employee of a different company that had been in the kitchen earlier that day.

Our client, a carpenter, fell off of a bracket scaffold approximately five feet above ground level while he was forming out the walls on a municipal building that was under construction, suffering a clavicle fracture and three broken ribs which did not require surgical intervention.

Pre-deposition settlement in a case where an App-based rideshare driver transporting our client was involved in a car accident. Despite sustaining a non-surgical fracture, through aggressive discovery and an early medical workup by an expert orthopedist, we were able to successfully resolve the matter within a year of filing suit.

An undocumented immigrant sustains a fracture after falling from a bricklayer scaffold after a plank broke, returning to work with the same employer several months after the accident.

While leaving work, our client tripped and fell over a pothole in the employee parking lot of the factory at which she worked.

Our client who was running for a bus during the still dark early morning hours slipped and fell on loose cold patch asphalt repair gravel adjacent to a fire hydrant on a Staten Island sidewalk. After extensive discovery on the question of liability the matter settled after documents obtained from the FDNY, NYC, DEP, and DOT reveled sufficient evidence to make out an exception to the City of New York’s prior written notice requirement for sidewalk defects.

In this Westchester Supreme Court filing, our fifty-two-year-old client with a history of shoulder pain and degeneration underwent a shoulder arthroscopy after being rear ended. At the time of the accident our client, a nanny, was driving down a side street. The child for whom she cares was also in the car, but fortunately, was not injured.

Our client a self employed tile setter sustained a non surgical fracture of his tailbone when he stepped into an unsecured hole in the floor of a bathroom of a residential home. We brought claims under Section 241 of the New York State Labor law against the owner of the property and a contractor who the out of possession owner had retained to remodel and eventually flip the home.

Our client sustained a fracture of his kneecap that required use of a cast and crutches while the fracture healed after he fell from a step ladder while cleaning a grease trap in a commercial kitchen. We prosecuted the case under the New York State Labor Law arguing that while the client’s responsibilities were not typical construction work, it was nonetheless covered under Section 240 of the Labor Law given the scope of the work and the manner in which it was being performed.

Our client sustained a kneecap fracture after slipping on a decorative address plaque embedded in the sidewalk in front of the entrance to a large Manhattan skyscraper. Despite defendants’ initial assertion that hundreds of thousands of people had stepped on the plaque at issue without incident as well as their position that the plaque had a high friction coeffect and was not slippery, we were able to resolve the matter after uncovering a fifteen-year-old case against the prior owner of the building and tracking down an old deposition transcript of the prior property manager from the Queens Supreme Court Record Archive.

Settlement for our client who sustained non-operative rib fractures after being forced to lay his bike down on Merrick Road after a confused driver turned the wrong way onto a one-way road.

Trip and fall in a pothole in the parking lot of a strip mall resulting in an avulsion fracture of the client’s ankle bone, which fortunately did not result in any residual effects and in total necessitated two orthopedic visits and a handful of sessions with a physical therapist.

We were able to successfully resolve a matter in which our client an iron worker stepped into an unsecured plumbing riser hole in the poured concrete floor at a new build strip mall construction site. Our client aggravated a pre-existing lumbar herniation only missing minimal time from work.