Construction Site Accident - Workplace Fall Injury
WRSH Partners, Kenneth J. Halperin and Mitchell Kahn recently obtained a $2,100,000 settlement for a 57-year-old laborer who was injured at a construction site. At the time of the accident the injured plaintiff was walking along the floor of a new building that was under construction. He was bringing materials to another worker that he was helping. One of the pieces of plywood that was protecting the floor was broken and poorly maintained. As he walked over it, it gave way, causing him to fall to the floor below. Defendants tried to establish that plaintiff was supposed to be wearing a harness at the time of the accident. However, during the deposition of the defendant contractor we were able to establish that a harness was not necessary for the work he was doing and in fact he would have been unable to do the work if he had a harness limiting his movement. We also retained an Engineering expert to strengthen this argument.
As a result of the accident plaintiff injured his neck and ultimately required a cervical spine fusion. He also injured his shoulder which required arthroscopic surgery and sustained a head injury which left him suffering from post-concussion syndrome. The defendants and their examining doctors argued that the shoulder and neck injuries were pre-existing due to his age and that the head injury related symptoms were relatively minor. We were able to counter this argument with our own medical experts and thus able to procure a significant settlement for this worker.