Construction Worker Slips and Falls on Muddy Ground While Carrying a Heavy Piece of Timber
WRSH partner, Kenneth J. Halperin recently obtained a $375,000 settlement (that included a waiver of a worker's compensation lien which exceeded $200,000) for a 43 year old cement worker who slipped and fell on muddy ground. At the time of the accident, the plaintiff was working outdoors on the 7 line subway extension. On the date of the accident it was raining causing the conditions to become very wet, muddy and slippery. Instead of using an available hi-lo to move the large heavy pieces of timber, plaintiff and his co-worker were instructed to manually carry the timbers. While the plaintiff was carrying the timber down a muddy slope he was caused to slip and fall and he injured his knee as a result.
As a result of the accident plaintiff sustained a torn meniscus in his knee which required arthroscopic surgery.