INJURED CONSTRUCTION WORKER RECEIVES SUBSTANTIAL SETTLEMENT UNDER NEW YORK LABOR LAW CLAIMS
By: Robert P. Valletti, Esq.
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Richard Winograd, a partner at the law firm of Ginarte Gonzalez & Winograd, reached a $1,650,000 settlement on March 25, 2013 in the United States District Court for the Eastern District of New York for 30 year old Anthony Miranda, a construction worker injured while hoisting a double laminate beam weighing 350lbs by hand with his co-worker. Mr. Miranda and his co-worker were lifting the beam by hand while climbing two aluminum A-Frame ladders when Mr. Miranda’s unsecured ladder shifted, causing him to drop the beam. The beam landed on his foot, crushing it; he continued to fall to the floor where the beam crushed his hand. Notably, Mr. Miranda had secured summary judgment on liability through motion papers drafted by Robert Valletti, an associate at the Ginarte firm, which addressed the Defendants’ Labor Law violations.
Mr. Miranda had brought suit against several entities for their violations of New York Labor Laws §§200, 240(1) and 241(6), i.e. the owner and general contractor at the Suffolk County construction site where a commercial development of homes was under construction. The injuries to Mr. Miranda’s hand and foot rendered him totally and permanently disabled, requiring extensive medical treatment that ultimately lead to severe complications despite multiple surgeries to the injured sites.
The Defendants contended that Mr. Miranda was contributorily negligent and was the sole proximate cause of his own injuries; due to the masterful lawyering of Mr. Richard Winograd, Mr. Miranda was successful in overcoming these defenses and Mr. Miranda received substantial compensation for his injuries that were caused by the Defendants’ collective failures to properly furnish and safe worksite.
If you have been injured in a work-related accident, especially in a construction-related field, you may be entitled to compensation for your injuries. Call the Ginarte Law Firm today for a free consultation: 1-800-GINARTE. Put our combined 150+ years of experience at work for you today.
