$5.25 Million Settlement for a Union Bricklayer Struck by a Steel I-Beam on a Bronx Roof

$5,250,000 settlement, less than three years after the accident. Construction Accident | Labor Law § 240(1) | Falling Object | Summary judgment on liability

What happened

Our client, a union bricklayer, was working on a construction project in the Bronx. He and two co-workers, a foreman and a laborer, were told to carry a steel I-beam along the parapet wall of the roof, six stories above the street. The beam rested on their right shoulders, and our client was at the front of the line. The parapet had exposed rebar sticking up every few feet, which made every step harder.

Partway along the wall, the worker at the back lost his balance, let go of the beam and jumped off the parapet. The worker in the middle did the same. That left our client holding the full weight of the I-beam alone. The beam drove him off the parapet and down to the roof about five feet below, then came down on his right shoulder and struck the back of his head hard enough to crack his hard hat.

The injuries

He was dazed immediately. Over the following days his right shoulder and arm became badly bruised and discolored, and it became clear he had serious injuries to his shoulder, arm, neck and head.

He ultimately underwent two cervical fusions. A cervical fusion permanently joins vertebrae in the neck, usually after a damaged disc is removed. It can relieve severe pain, but the price is lost flexibility and range of motion in the neck for the rest of a person's life.

He also needed two shoulder surgeries. After the first, he developed frozen shoulder, a painful stiffening of the joint that can follow surgery, and a second operation was required to release it.

How we built the case

• Workers' compensation first. We secured his comp benefits right away so his lost wages and medical care were covered while the injury case moved forward.
• Early investigation. We interviewed one of the co-workers who was carrying the beam and witnessed the accident, and we identified everyone on site so our witnesses were locked in before suit was filed.
• Fast, aggressive litigation. We filed as soon as we could, completed the depositions of our client, his wife and the defendants' witnesses, and moved for summary judgment on liability within about 18 months of the accident.
• Liability decided. Within two years of the accident, the court granted summary judgment under New York Labor Law § 240(1), holding the property owner and general contractor liable as a matter of law. The only question left was what the case was worth.

Want to understand how these protections work? Read our guide to New York Labor Law 200, 240(1) and 241(6).

The result

Less than three years after the accident, the case settled for $5,250,000, compensating our client for his injuries and giving him and his family financial security for the future.

The settlement was ranked No. 18 on TopVerdict.com's Top 20 Personal Injury Settlements in New York in 2024.

Hurt on a construction site in New York? Learn more about New York City construction accident claims and Bronx construction accident cases, or see the case result.

Attorney Advertising. Prior results do not guarantee a similar outcome. This page describes a past matter for general information and is not legal advice.