Attorney Burshteyn Achieves Major Settlement for Machinery Worker

Attorney Konstantin Burshteyn's Remarkable Achievement

In an impressive legal victory, attorney Konstantin Burshteyn successfully negotiated an $8 million settlement for a crane operator who suffered severe injuries following a fall at a construction site. This settlement comes with the additional benefit of a complete waiver of the workers' compensation lien, providing much-needed relief for the injured worker.

The Background of the Case

The crane operator, a dedicated member of the trade, encountered a dangerous situation while working at the site. During his shift, he tripped over construction debris that obstructed his path, resulting in a significant fall. Burshteyn's firm, known for its meticulous approach, argued that the workplace was inadequately maintained, which violated critical labor laws.

Legal Principles Involved

Specifically, the case centered around violations of Labor Law §§ 200 and 241(6), which impose a duty on employers to ensure safe working conditions. Through meticulous investigation and compelling evidence, it was established that not only was proper lighting lacking, but the presence of loose rebar contributed to the fall.

Consequences of the Accident

The injuries sustained were extensive and included damage to the crane operator's ankle and knee, compounding an existing lower back issue. Despite undergoing multiple surgeries and rehabilitation efforts, the long-term repercussions of the fall led to chronic pain and require ongoing medical management.

The Role of Medical Testimony

Burshteyn engaged with medical experts and vocational professionals to create a comprehensive care plan for the injured worker. The evidence provided demonstrated that the injury significantly impacted the crane operator's ability to work and led to substantial wage losses and diminished retirement benefits.

Negotiation and Settlement Outcome

In preparation for mediation, Burshteyn had already filed a motion for summary judgment, supported by solid medical evidence linking the construction site conditions to the plaintiff's injuries. When the case was brought to mediation, the defendants, recognizing the strength of Burshteyn's case, agreed to the substantial settlement offer.

Referrals and Resources

This impactful case underscores the importance of experienced representation in navigating complex legal matters, especially in construction-related injuries. It was referred to WRSMH by a workers' compensation firm based in New York City, reflecting the firm’s reputation for handling challenging cases effectively.

Contacting WRSMH

For those seeking legal assistance or support in similar circumstances, reaching out to the law office of Wingate, Russotti, Shapiro, Moses & Halperin, LLP is a valuable next step.

Frequently Asked Questions

What led to the crane operator's injuries?

The injuries occurred when the crane operator tripped over construction debris while working on site, leading to a significant fall.

What was the outcome of the case?

The case resulted in an $8 million settlement for the injured crane operator, along with a waiver of the workers' compensation lien.

Who represented the crane operator in this case?

Attorney Konstantin Burshteyn of WRSMH represented the crane operator and was instrumental in achieving a favorable settlement.

What types of injuries did the crane operator sustain?

The operator suffered severe injuries, including damage to his ankle and knee, in addition to exacerbating a pre-existing lower back condition.

Why is this case significant in the context of labor laws?

This case highlights the critical responsibility of employers to maintain safe working conditions as outlined in Labor Law §§ 200 and 241(6), showcasing the legal avenues available for injured workers.

About The Author

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