$925,000 Settlement, Plus Waiver of Compensation Lien for Laborer at Construction Site
Bill Hepner settled this case at a mediation for $925,000 and a waiver of the $190,000 workers’ compensation lien. Our client was injured when a 10-foot-long metal post fell and hit him in the shoulder as he bent down to pick up another post, and knocked him to the ground. The post was improperly leaned in a vertical position against a wall, contrary to what is required by Rule 23 of the Industrial Code. We also alleged this was a violation of Labor Law 240(1). Plaintiff sustained injuries to his neck, lower back, and shoulder. He had two arthroscopic surgeries to the shoulder, and a laminectomy surgery to his lower back. Lost wages were not a factor.
Liability was difficult, as there was a witness who contradicted what the plaintiff said, and testified that the plaintiff told him he injured himself when he was lifting a post. If this was believed by a jury, then our client would have lost the case. Additionally, the object had its base on the same level that our client was standing on, which could have been a problem under the law.