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Construction Injuries

New York Construction Worker Gets $20M Settlement After Hoist Failure Leads to Traumatic Brain Injury

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Construction workers in New York (and elsewhere) rely on various pieces of equipment every day to do their jobs. Whether it is a scaffold, a hoist, or a boom truck, these pieces of equipment must be in a safe condition, or else the results could be disastrous. Many of these pieces of equipment, like hoists and boom trucks, are involved in the moving of extremely heavy items, so a failure can often result in a serious accident and significant injuries to a worker. If you’ve suffered an injury as a result of equipment failure, you should talk to a knowledgeable New York construction accident attorney, who can help you seek the damages award or settlement you are entitled to.

One example of the sort of serious harm that can result from equipment failure was the case of a 19-year-old newly hired laborer working on a Department of Transportation bridge rehabilitation project in Westchester County. Specifically, the laborer was replacing steel bearing plates on the Interstate 287 bridge in Port Chester. The process of hoisting these plates was supposed to be accomplished by using a boom truck that lowered the plates from the roadway above. On July 12, the truck wasn’t available, so workers improvised a hoisting system by using “a ratcheting pulling device with a hook on both ends.”

This system worked without major incidents on the first day. However, on the first hoist of the second day, the device broke away, and a plate (weighing 100+ pounds) struck the young worker in the face and head. The impact knocked him unconscious and into respiratory distress. The injuries he suffered were catastrophic. The worker’s traumatic brain injury was so bad that his family had to go to court to get a judge to appoint a guardian for him.

The worker pursued a construction injury lawsuit against the project owner (the state), as well as the general contractor and a subcontractor. The laborer’s case was made more complicated by the fact that his traumatic brain injury (which had forced him into an induced coma for a month after the accident) left him with no memory of the incident.

The injury left a permanent impact on the man. His traumatic brain injury not only caused him memory loss but also led to an onset of bipolar disorder. In his lawsuit, the man alleged that he was permanently disabled and that he required (and will continue to require) the assistance of medical professionals, including a therapeutic aide, to help perform activities that his injury left him unable to do by himself.

When you are able to put together and present clear and extensive evidence of defendants’ liability and of the extensive degree of harm you’ve suffered, you are often in a position to secure a substantial judgment or settlement. In this case, even though the injured worker had no memory of the accident, his case was strong enough that, in February, he obtained a settlement that included receiving a payout of $20 million.

More Blog Posts:

Bronx Dump Truck Driver Struck by Crane to Receive $1.8M Settlement in NY Fall Accident

How Improperly Maintained Equipment Can Harm You And Be The Crux of Your New York Construction Injury Lawsuit

New York Scaffolding and Ladder Accidents-Injuries Caused by Improper Hoisting

Photo Credit: Momentmal, [CC0 License], via Pixabay

Contact Our Construction Accident Law Firm in Bronx, NY

Your case deserves the professional skill and ability of an experienced injury attorney. The New York City construction injury attorneys at the law offices of Jacob Oresky are here to help. Our attorneys have been helping injured workers throughout the New York metro area, including in Westchester County and on Long Island, for many years. Our team prides itself on providing our clients with the reliable representation they need.

If you need legal assistance, contact the Bronx construction accident lawyers at Oresky & Associates, PLLC at your nearest location to schedule a free consultation. Contact us online or call our office. Our phones are answered 24 hours a day, seven days a week.

We have two convenient locations in New York:

Oresky & Associates, PLLC – Bronx Office
149 E 149th St
Bronx, NY 10451
(718) 993-9999

Oresky & Associates, PLLC – Queens Office
104-09 Roosevelt Ave
Queens, NY 11368
(347) 507-3884

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