$7.5M Settlement: Catastrophic Falling Object Accident at Subway Station

Construction Site Injury and Emergency Response

$7.5 Million Construction Accident Settlement

SECURING JUSTICE FOR INJURED WORKERS

Keith D. Silverstein & Associates secured $7,500,000 for a veteran union electrician who suffered life-altering injuries at a Bronx construction site after a 1,000-plus-pound wire reel rolled directly over him

The Situation

This was a serious construction injury case involving defendants who failed to provide the mandatory safety devices required under New York Labor Law. Our client sustained catastrophic, permanently disabling injuries, including a traumatic brain injury (TBI), a collapsed lung, seven fractured ribs, and permanent cognitive deficits. These types of severe construction site injuries frequently result in lifetime medical care and total loss of earning capacity. Despite the undeniable danger of the operation, the defense initially resisted accepting full responsibility for the gravity-related hazard — a common tactic used by defendants in New York construction accident lawsuits.

The Challenge

This was a serious construction injury case involving defendants who failed to provide the mandatory safety devices required under New York Labor Law. Our client sustained catastrophic, permanently disabling injuries, including a traumatic brain injury (TBI), a collapsed lung, seven fractured ribs, and permanent cognitive deficits. These types of severe construction site injuries frequently result in lifetime medical care and total loss of earning capacity. Despite the undeniable danger of the operation, the defense initially resisted accepting full responsibility for the gravity-related hazard — a common tactic used by defendants in New York construction accident lawsuits.

Our Strategy

Our New York construction accident attorneys took an aggressive tactical stance by filing for summary judgment on liability early in the litigation. We successfully argued that the defendants violated Labor Law §240(1) — New York’s Scaffold Law — by failing to provide an adequate safety device for elevated work involving a heavy falling object. This statute, which covers construction workers injured by falling objects and gravity-related hazards, holds property owners and contractors strictly liable for such failures. In February 2025, the Bronx County Supreme Court granted our motion, establishing the defendants’ absolute liability. This critical legal victory meant that fault could not be apportioned against our injured construction worker client, and 9% annual interest began accruing immediately on the eventual award.

The Outcome

As a result of our unrelenting advocacy on behalf of an injured construction worker, our client and his family were made whole. Our client has undergone four major surgeries, including cervical and lumbar spinal fusions, and has been declared permanently unemployable — a devastating outcome common in catastrophic construction site injury cases. We secured a $7,500,000 settlement to ensure our client and his family receive the full financial compensation required for a lifetime of medical care, lost wages, and pain and suffering.

Our personal injury lawyers in New York are ready to fight for you. Call 212-385-1444 or contact us online to request a complimentary case review. Hablamos español.

FAQs

Commonly known as the “Scaffold Law,” Labor Law §240(1) requires property owners and general contractors to provide proper safety devices to protect workers from gravity-related risks on construction sites. This includes injuries caused by falling objects, falls from elevated surfaces, and inadequate rigging or hoisting equipment. It is one of the most powerful construction worker protection statutes in the United States and is frequently the basis for construction accident personal injury claims in New York City.

Yes. If you were struck by a falling object on a construction site in New York, you may have a strong claim under Labor Law §240(1). If the object required securing for the work being performed and the contractor failed to provide an adequate hoist, stay, brace, or other safety device, you may be entitled to full compensation for your medical expenses, lost wages, pain and suffering, and future care costs. Consulting a New York construction accident attorney as soon as possible after your injury is critical.

No. One of the most important features of New York’s Scaffold Law is that once absolute liability is established against a defendant, comparative negligence cannot be used as a defense. This protection is especially valuable in serious and catastrophic construction injury cases where defendants routinely attempt to shift blame onto the injured worker.

Injured construction workers in New York may be entitled to compensation for past and future medical expenses, lost wages and lost earning capacity, pain and suffering, permanent disability, and the cost of future care. In cases where summary judgment on liability is granted early, 9% annual interest also begins accruing on the award, which can significantly increase the total value of the case over time.

We Help Injured New Yorkers

When you have been involved in an accident, you need a team of dedicated, experienced, and aggressive legal counsel. We are Keith D. Silverstein & Associates, 
and we are ready to help you obtain the maximum compensation possible.

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