$537,500 Mediated Settlement NY Construction Injury

Carpenter Falls Nine Feet From Scaffold

WRSH Partner Kenneth J. Halperin recently obtained a $537,500 settlement for a construction worker who fell nine feet while holding onto a scaffold railing that collapsed. The accident occurred when our client was instructed to go onto a scaffold and unclasp a metal beam from a crane. However, our client was unable to do so from the scaffold. He had to leave the scaffold and step onto an adjacent pipe in order to reach the metal beam. While he did that he was holding onto the side rail of the scaffold. As he reached for the beam the rail broke and he fell.

WRSH attorney Mitch Kahn was able to highlight at the defendants deposition that no safety equipment was provided to our client rendering any possible way of accomplishing the task in a safe manner.

The defendants attempted to blame the plaintiff for failing to do the job in a safer manner by requesting a man lift or a ladder, and contended that he should never have left the safety of the scaffold. Ken contended, however, that our client faced the same problem that all construction workers face while on the job – that they do what they are told to do, with the equipment they are provided, and do it as best they can. Ultimately the defendants agreed and paid a sum that represented the full value of the case.

As a result of the accident, our client sustained a fractured humerus which required surgery. He missed four months from work and then returned in the same capacity that he was in before the injury.

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