A union tile worker received a $5 million settlement after sustaining serious injuries including a traumatic brain injury when a metal door fell on him at a poorly lit New York construction site.
The 49-year-old worker was in a dark storage room retrieving protective materials when the unsecured door, improperly propped against a wall by another subcontractor, struck his head, according to a law firm.
Attorneys Kenneth Halperin and Bryce Moses of Wingate, Russotti, Shapiro, Moses & Halperin successfully argued the case under New York State’s Labor Law 240(1), which holds employers responsible for ensuring safe working conditions.
“It’s about sending a clear message that workers’ safety matters,” said Bryce Moses, who led the negotiations. “No worker should have to suffer because of preventable safety hazards at their workplace.”
The settlement came just days before jury selection was scheduled to begin. Moses employed a strategic negotiation approach that secured an additional 9% interest on $3 million for unresolved insurance issues, bringing the total compensation to $5.54 million.
The worker, who remained anonymous, suffered fractures to his C2 vertebrae, disc herniations, and spinal cord compression. Medical testing confirmed a traumatic brain injury that caused lasting cognitive effects including anxiety, depression, and emotional regulation difficulties.
“When I was first injured, I thought there was no way I would be able to get fairly compensated for the injuries that I suffered from and my inability to resume my work as a construction worker,” the injured worker, who chose to remain anonymous, said.
The case highlights ongoing concerns about construction site safety protocols, particularly for tasks performed in inadequate lighting conditions. The settlement emphasizes employers’ legal responsibility to secure potential hazards like temporary doors and building materials.
Moses stressed that legal protections apply to all workers regardless of immigration status. “Workers who are injured on the job have rights, regardless of their immigration status or their role on the job site,” he said.
The settlement funds will help cover the worker’s ongoing medical treatments, rehabilitation expenses, and daily living costs, as he is unable to return to construction work.
