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Varcadipane & Pinnisi, P.C. Obtains $1.5 Million Settlement for Injured Construction Worker – As published in Verdict Search

Jeff Varcadipane

April 15, 2024

Varcadipane & Pinnisi, P.C. Obtains $1.5 Million Settlement

As published in Verdict Search: Santiago VS report

Construction is a risky industry, but it is also necessary for our society. Construction workers do all of us a critical service and put their health and lives on the line each day. When they suffer injuries on the job, they deserve to receive proper benefits and compensation as available under the law.

The law firm of Varcadipane & Pinnisi, P.C. recently represented an injured construction worker and obtained justice by settling the claim for $1.5 million.

If you or a loved one suffered injuries working on a construction site or anywhere else, never wait to seek representation from our New York construction accident attorneys at Varcadipane & Pinnisi, P.C.

The Case: David Santiago v. Hanley Group, Inc., Serrano Construction, Inc.

In 2018, our firm’s client, David Santiago, was working on the roof of a new construction home, helping to hold window frames in place. He did not have proper safety and slipped as he tried to climb down. Santiago fell 25 feet and hit the ground, sustaining several serious injuries, including:

  • A concussion from blunt-force head trauma that developed into post-concussive disorder
  • Fractured ribs
  • Fractured vertebrae
  • Bulging lumbar discs
  • Herniated cervical discs
  • Post-traumatic stress disorder (PTSD)
  • Major depressive disorder

Due to debilitating symptoms from the persisting head injury and limitations following spinal surgeries, Santiago claimed he was completely disabled and no longer able to work and earn a living.

Case Arguments

While Santiago obtained workers’ compensation, our legal team also filed a third-party lawsuit against the general contractor and subcontractor, alleging negligence in failing to provide a safe work environment and safety equipment, which allowed the fall to occur. This is a violation of New York State Labor Law regarding elevation hazards on construction sites.

The contractor claimed Santiago chose not to use safety equipment; however, Santiago claimed that he was never provided with nor informed of any equipment and even so, any equipment was in the contractor’s locked trailer. The contractor also tried to claim that Santiago’s neck injuries were not from the fall but did concede that the other injuries did stem from the fall. The subcontractor claimed they were Santiago’s employer and provided him with workers’ compensation benefits, so they should not be liable under NY Labor Law.

The Settlement

After our construction accident lawyers obtained summary judgment against the contractor on the issue of liability, the only matter to decide was damages. We reached a pretrial settlement of $1.5 million, which included $1 million from the subcontractor’s insurer and $500,000 from the contractor’s insurer.

This settlement happened after the defendants tried many angles to avoid liability for the fall.

Consult Our New York Construction Accident Attorneys Today

Have you suffered injuries on the job while working construction? Do you believe your employer violated safety laws regarding scaffolding or elevated workspaces or that another third party was negligent?

Never hesitate to contact us at Varcadipane & Pinnisi, P.C. for a free case evaluation. We fight for maximum compensation for our injured clients.

Jeffrey W. Varcadipane

Jeffrey W. Varcadipane is a Certified Civil Trial Attorney by the Supreme Court of the State of New Jersey and a Founding Partner of the Firm. He handles a variety of matters including civil and commercial litigation, appellate practice, real estate, and business law.

University: J.D. Fordham Law School

Bar Number: 29472005

Locations: New Jersey, New York, and Florida.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partners, Jeffrey W. Varcadipane & Dawn M. Pinnisi, with more than 40 years of combined legal experience as personal injury attorneys.

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