In October 2019, Feldman, Kleidman, Collins & Sappe LLP’s (FKC&S) 28-year-old client from Hyde Park, NY was hired to help put on a new roof on a multi-unit rental home. He was attempting to retrieve a tool when he fell off the roof, suffering wrist fractures that required surgery.
New York State has very specific labor laws which are intended to protect workers like FKC&S’s client. The labor laws require that workers are provided with a way to tie themselves off safely to the roof to prevent such falls. Usually ropes and harnesses are used, but no such safety equipment was provided by the owner of the home or by FKC&S’s client’s employer.
Wayne M. Rubin made a motion to the court asking that the defendant homeowner be held responsible as a matter of law (without a trial). That motion was granted by the court because the required safety harnesses and ropes, which would protect those working on a roof or other elevated structure, were not provided.
After the incident, FKC&S’s client was not able to return to his original vocation as an iron worker and had to accept a different job with a lower salary. He also faced the possibility of another surgery to remove the hardware that helped his wrist heal. He still has trouble using his wrist to do repetitive tasks. The defense lawyers had him examined by a doctor of their choosing, who would have testified that FKC&S’s client had no restrictions and that he could return to his old job if he wanted to.
FKC&S had assessments by its own medical experts, as well as an economic expert who was able to calculate the potential lost earnings over the client’s expected life span based upon his inability to return to his original job. At a settlement conference with the court just prior to a trial on the issue of damages, the case was settled for $925,000.
If you or a loved one are injured in a construction accident, you may be part of the class of people protected by the New York State labor laws and could be entitled to money damages beyond workers’ compensation payments. To speak with an experienced member of our team and receive a free consultation, call us at (845) 897-5199 or contact us today.
*This is an update to an earlier post, published in October 23, 2023.