Scaffolding Accident - On the Job Injury - Construction Injury
WRSH Partner, Kenneth J. Halperin recently obtained a $1,200,000 settlement for a carpenter who was injured at a construction site. Prior to the happening of the accident our client, age 52, was working on a scaffold. He was approximately fifteen (15) feet off the ground and was not provided with a safety harness. Also, one side of the scaffold was set up on plywood due to holes in the flooring, which left the scaffold slightly uneven. Suddenly, the scaffold shook and plaintiff was caused to fall and landed on the cement floor below.
During the deposition portion of discovery WRSH attorney Mitch Kahn was able to establish that the plaintiff was not provided with proper safety equipment and was provided with an unsafe scaffold in order to perform the work he was assigned to perform. After discovery was completed we made a motion for summary judgment pursuant to Labor Law §240(1), which was pending at the time of the settlement. Defendants opposed it with testimony of eyewitnesses who alleged that they never saw the scaffold collapse. They argued that plaintiff fell on his own and not as a result of any defect in the scaffold.
As a result of the accident, our client sustained a fracture of the left tibial plateau and a tear of the medical meniscus in his left knee which required arthroscopic surgery. Ultimately in 2009 plaintiff was required to undergo a left knee replacement. Plaintiff had previously injured the same knee several years before the accident and underwent surgery. We argued that while he did have prior knee problems, this accident accelerated the degenerative process and caused the need for the knee replacement surgery.