Attorney Konstantin Burshteyn negotiated an $8,000,000 settlement and secured a complete waiver of the workers’ compensation lien for a Brooklyn crane operator who was injured on a construction site fall
BROOKLYN, N.Y., Feb. 21, 2025 /PRNewswire/ — WRSMH attorney Konstantin Burshteyn successfully negotiated an $8,000,000 settlement and secured a complete waiver of the workers’ compensation lien. The client was a 57-year-old Local 14 crane operator who sustained multiple injuries after tripping and falling at a Brooklyn construction site.
The incident occurred when the plaintiff, a crane operator with extensive experience, tripped over construction materials and debris obstructing the passageway he was walking on. WRSMH alleged that the general contractor and property owners failed to maintain a safe job site, which violated Labor Law §§ 200 and 241(6). Through an in-depth investigation, which included multiple depositions, WRSMH established that the defendants failed to provide adequate lighting in the area where the accident occurred. In addition, the plaintiff tripped on loose rebar negligently left by a subcontractor in the poorly lit passageway. Accident reports prepared after the incident corroborated the plaintiff’s claims.
As a result of the fall, the plaintiff sustained serious injuries, including damage to his ankle and knee, as well as an aggravation of a pre-existing lower back condition. Despite his efforts to return to work intermittently, the plaintiff ultimately underwent arthroscopic surgeries on both his knee and ankle. Persistent back pain led to a consultation with his prior surgeon, who had previously performed a lumbar fusion. The surgeon diagnosed the plaintiff with adjacent-level syndrome, which required a subsequent two-level lumbar fusion. Unfortunately, the plaintiff continued to suffer from chronic pain, which led to the implantation of a permanent spinal cord stimulator.
In addition to the physical injuries, the plaintiff’s treating physicians indicated that he would need lifelong medical care due to the severity of his injuries. WRSMH engaged a life care planner and vocational professional to formulate a comprehensive care plan, as well as an economic specialist to assess the plaintiff’s lost wages, loss of employer contributions to his 401(k) and pension, and loss of health insurance.
While the defendants argued that the plaintiff’s back injury was pre-existing and unrelated to the accident, WRSMH countered with robust medical testimony and evidence, demonstrating the clear connection between the fall and the plaintiff’s injuries. Additionally, the defendants claimed the plaintiff’s economic losses should be reduced due to workers’ compensation and Social Security disability benefits, but WRSMH’s detailed presentation of the plaintiff’s economic damages led to a substantial settlement offer.
Konstantin Burshteyn’s motion for summary judgment under Labor Law §§ 200 and 241(6) was still pending when the case reached private mediation, where the defendants ultimately agreed to the $8 million settlement.
This case was referred to WRSMH by a New York City workers’ compensation firm.
For more information, contact the law office of Wingate, Russotti, Shapiro, Moses & Halperin, LLP:
420 Lexington Ave Suite 2700, New York, NY 10170
Phone: (212) 986-7353
Email: [email protected]
Website: www.wrshlaw.com
https://www.wrshlaw.com/verdicts-settlements/crane-trip-fall.html
SOURCE Wingate, Russotti, Shapiro, Moses & Halperin, LLP
