Edelman, Krasin & Jaye is very pleased to announce a $4 million settlement for a client who received multiple injuries in a workplace accident. Initially, the firm’s motion for summary judgment on Labor Law 240 was denied. Attorneys for the firm appealed the decision. The judgment was reversed on appeal.
The only issue remaining for a jury was damages for the plaintiff, Ronald Dirschneider, who was injured while doing renovation work in a women’s clothing store. The case was settled in mediation on the eve of trial.
Plaintiff falls while carrying heavy beam
Mr. Dirschneider was working for Vulcan Iron Works, Inc. doing renovation work at St. John’s Women’s Store. As a beam was being installed, he was lowering it from the main floor to a lower level. The beam became caught on a stair tread that was slightly offset. When the plaintiff dislodged the beam, it pulled on his glove. As a result, he was pulled off-balance and he fell head first down roughly 5 stairs, with the beam.
The beam weighed approximately 500 to 600 pounds.
As a result of the fall, the plaintiff received numerous injuries, including a right mid-foot sprain, torn ligaments in the right foot, a post cuneiform fracture, and a partial Lisfranc ligament tear with maintenance of alignment of the Lisfranc joint.
Mr. Dirschneider underwent two foot surgeries. The first put in necessary hardware for the injuries and the second took them out. He has been out of work since the date of the accident. The defendants had four experts prepared to testify that the plaintiff had made a full recovery and was able to return to work.
Precedent set for future “Scaffold Law” cases
New York Labor Law 240(1), often called the “Scaffold Law,” addresses the risk of falling from a height on a job. It rests the responsibility for a fall from a height with a third party if the third party did not fulfill their duty to have appropriate or non-defective safety devices to guard against any risk of falling. The third party can be an owner or subcontractor.
New York law firm Edelman, Krasin & Jaye believes this $4 million victory for our client will set a precedent for future cases involving New York Labor Law 240(1). This is a victory for all hard-working New Yorkers who may one day be in a similar situation.
Call a Workplace Injury Lawyer in New York City
If you or a loved one has been hurt in a construction site accident in New York City or Long Island, or have otherwise been injured in the workplace, call us today at 1.800.469.7429. All initial case reviews are free of charge, so you have nothing to lose in calling us to see how much your case is worth. We will fight for your rights to full and fair compensation!
Additional NY Labor Law 240 Resources:
- New York State Department of Labor, PROTECTION IN CONSTRUCTION, DEMOLITION AND EXCAVATION OPERATIONS, Scaffolding, https://labor.ny.gov/workerprotection/safetyhealth/sh23.shtm#23.5https://labor.ny.gov/workerprotection/safetyhealth/sh23.shtm#23.5
- Albany Law Review, Reforming New York Labor Law Section 240(1), https://www.questia.com/library/journal/1G1-404174519/reforming-new-york-labor-law-section-240-1