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Dinkes & Schwitzer Wins $8.5 Million Verdict For Construction Laborer Compensation March 12, 2014

NoMad, Manhattan
Dinkes & Schwitzer Wins $8.5 Million Verdict For Construction Laborer Compensation, Manhattan, New York

Imagine what our client felt as he slipped towards a gaping hole at an unsafe construction site.
He fell more than 25 feet, striking his head and shattering the bones in his leg – this injury occurred due to unsafe work conditions which failed to comply with the New York State Labor Laws. Fortunately for our client, he came to the office of William Schwitzer, Dinkes & Schwitzer's lead trial attorney. As an experienced labor attorney, he knew the young Laborer deserved more than just workers compensation benefits, he was entitled to more under New York State Law.

On behalf of our client, William Schwitzer sued and won $8.5 million for the client and his family. The accident happened while working on a rooftop in Brooklyn, N.Y. The 28-year old laborer gathered demolition debris and threw it down an opening in the roof. But he was not provided a safety harness or any safety gear. When he lost his footing at the ragged edge of the hole in the roof, there was nothing to stop his fall onto the pile of debris more than 25 feet below.

The young Laborer broke his left leg so badly that the wound required surgery to set the pieces of bone with stainless steel screws and plates, a procedure called “open reduction and internal fixation.” The injury required a second surgery to remove the hardware. As a result of this tragic accident the young Laborer’s leg is now a half an inch shorter than his right and he now needs a cane to walk. The Laborer also struck his head. Doctors found internal bleeding in their scan of his skull and as a result of the trauma our client now has memory problems with some cognitive deficits. 

Injured workers must know what their legal entitlements are, especially at a construction sites. Aside from Workers’ Compensation benefits, injured construction workers may be entitled to further entitlements under the New York State Labor Laws. Going to the right law firm or attorney is the most important step in protecting those rights; injured construction workers need experienced attorneys who are proficient with New York State Laws and who have a track record of achieving top verdicts in New York State year after year. Injured workers need continuous communication with their attorneys during this process, and law firms that have paralegals who manage a client’s case or file is not enough.

William Schwitzer is recognized as one of the Top Trial Attorneys in New York State. He prides himself with the fact that every client at Dinkes & Schwitzer is treated with compassion and respect; every client is assigned an attorney not a paralegal who will manage the client’s case. He conducts periodic meetings where each case is reviewed by his team of experienced construction site accident attorneys.

In the case of the young Laborer, William Schwitzer rightfully contended this unsafe worksite violated New York State’s Labor Law, Sec. 240, which requires that proper protection be given at construction sites, specifically for height related work commonly associated with scaffolds and ladders.

The defendants contended that our client’s leg injury resulted in minor residual damage, and that he did not suffer a traumatic brain injury. The defendants offered him $2 million. William Schwitzer fought hard, after a two and a half week trial the Jury deliberated for one hour in favor of our client. The jury awarded the young Laborer $8.5 million of which $750,000 was awarded to his wife for loss of service, recognizing that the accident had impaired his ability to help his wife.

If you or someone you know has suffered from a construction accident due to workplace negligence call the offices of Dinkes & Schwitzer for representation and receive the compensation you deserve. Call (212) 683-3800.

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