$1,850,000 for a Construction Worker Who Lost Two Fingertips While Rigging and Hoisting a Load of Pipes

Partners Jeffrey A. Block and S. Joseph Donahue settled the case at trial shortly before closing arguments.

Court and County 

Supreme Court, Kings County

Laborer’s Hand Crushed on Construction Site Lacking Standard Safety Precautions

Our client was a 37-year-old father who deeply loved construction work and never thought of pursuing another vocation. While on a job site near 48^th Street and Broadway in Manhattan, he was using metal slings to load and hoist 10-to-20-foot-long piping. Our client and his partner were wearing safety glasses, helmets, and gloves. Once they finished loading the pipes, they signaled the crane operator to lift them up.

When the pipes were just a few feet up in the air, our client noticed a group of pedestrians looking to pass. He and his partner directed the operator to stop hoisting, but our client still had to put his hand on the stopped load to prevent it from hitting someone.

Suddenly, the crane operator resumed movement, and the pipes were pulled together. Unfortunately, this movement trapped our client’s hand between the sling and the pipes. His left ring and middle fingers were crushed in the incident.

Construction Accident Causes Loss of Fingertips, Impacting Future Work

Our client was admitted to St. Luke’s Roosevelt Hospital in excruciating pain. He underwent an amputation surgery on the tips of his ring and middle fingers. Two months later, he had a second hand surgery. Despite these treatments, nerve damage suffered in the accident has caused continued pain, stiffness, and decreased sensation in his left hand.

With one young son and another baby on the way, our client returned to work despite the constant pain in his hand. His supervisor often complained that he was moving too slowly, but he could not work faster as his injury made grabbing and pulling with his left hand extremely difficult. At home, he was unable to clean and struggled to help care for his children.

Finding Evidence That Persuades Jurors in Construction Accident Trials

Partners Jeffrey A. Block and S. Joseph Donahue tried this case in front of a jury, arguing that the general contractor and owner of the site were responsible for the incident. Under Labor Law 241(6), they are required to provide a reasonable level of protection to workers on construction projects.

To prepare for trial, our attorneys thoroughly searched for evidence that supported their argument. They found an obscure that mandated the use of spreader bars when hoisting materials like pipes. If these bars had been used, they could have prevented the pipes from crushing our client’s hand. The jury unanimously found the defendants were at fault.

During the damages portion of the trial, the defense argued that our client must have been fine because he returned to construction work after the accident. Our attorneys knew that he only went back to work because he needed to support his family. They sought to show the jury that if damages were awarded, he could stop doing physical labor and seek lower-paying employment that did not aggravate his injuries.

Mr. Block and Mr. Donahue found out that the defense’s orthopedic expert, who opined that our client could do construction work, was no longer performing surgery because standing for a long time hurt his back. On the stand, our attorneys questioned the doctor about this decision and argued that it would not be fair for him to be forced to do surgery if it causes him pain. They asserted that our client should be afforded the same opportunity to stop performing a job that harms him — and the jury was very receptive.

Our attorney’s success in court made the defense more willing to negotiate an appropriate settlement for our client. Shortly before closing arguments, the case was settled for $1,850,000.

Settlement Amount 

This case settled for $1,850,000.

Handling Attorneys 

This case was handled by partners Jeffrey A. Block and S. Joseph Donahue.