SECURING JUSTICE FOR INJURED WORKERS
The Situation
Our client, a middle-aged tile finisher working on a skyscraper in the Central Park area of Manhattan, was catastrophically injured when his mobile scaffold shifted and slid on a slippery surface. The accident occurred inside a bathroom because the scaffold was not equipped with mandatory safety railings and the protective floor covering was not properly secured. He fell several feet to the tile floor, causing immediate and permanent damage to his spine.
The Challenge
The defendants, including the property owner and the general contractor, attempted to argue that our client was the sole cause of the accident and questioned the severity of his injuries based on a prior 2016 incident. However, our investigation proved that he had been fully functional, back to bodybuilding, and 100% asymptomatic for two years leading up to this fall. We also established that our client had repeatedly requested tape to secure the slippery floor protection, but his requests were ignored.
Our Strategy
Our firm took an aggressive stance by moving for summary judgment on liability under New York Labor Law Section 240(1). We successfully argued that the lack of safety railings and the failure to provide tape constituted a direct violation of New York construction site safety laws. The court granted our motion in September 2023.
The Outcome
With liability fully determined, this case became a damages-only matter where the defendants could not argue fault. Our client underwent two major spinal surgeries, including a microdiscectomy and a multi-level lumbar fusion. Expert vocational and economic analysis confirmed that he is now 100% unemployable in any capacity. We secured a $4,000,000 settlement covering his lost earnings, medical expenses, and the 9% annual interest that had accrued on his behalf.
Under New York Industrial Code regulations and Labor Law Section 240(1), manually propelled mobile scaffolds must be equipped with safety railings to prevent falls. Failure to provide these railings typically results in absolute liability for the property owner and general contractor. If you were injured on a scaffold without proper railings in New York City, you may be entitled to full compensation.
Yes. Under New York personal injury law, you are entitled to compensation if a new accident aggravates or exacerbates a previous condition, or if you were fully asymptomatic before the new incident occurred. The key question is not whether you had a prior injury, but whether the new accident made your condition significantly worse. Our firm has extensive experience proving how workplace accidents have permanently changed a client’s ability to work and quality of life.
Winning summary judgment on liability is one of the most significant early victories in a personal injury case. It means the court has ruled, before trial, that the defendant is legally responsible for your accident. Once liability is established through summary judgment, the case shifts entirely to determining the value of your damages, including lost wages, medical bills, pain and suffering, and future care costs.
New York Labor Law Section 240(1), often called the Scaffold Law, holds property owners and general contractors strictly liable for gravity-related injuries on construction sites. This includes falls from scaffolds, ladders, and elevated surfaces. It is one of the strongest worker protection statutes in the country and does not allow defendants to reduce their liability by blaming the injured worker.
The timeline varies based on the complexity of the case, the severity of injuries, and whether liability is contested. Cases that achieve early summary judgment on liability, as in this matter, can move more efficiently toward settlement or trial because the focus shifts entirely to damages. Many scaffold accident cases in New York resolve within two to four years, though cases involving serious spinal injuries and disputed damages may take longer.
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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.
Let our team protect your rights
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