Plumber Trips and Falls
WRSH Partner, Kenneth J. Halperin recently obtained a $330,000 settlement for a laborer who tripped and fell on a piece of rebar at a construction site. Our client, a plumber, was working on the construction of a new residential building in Manhattan. While he was walking back to his work area during a break he tripped and fell on a piece of rebar that was left over by another trade. We were able to establish a violation of a New York State construction regulation that requires all passageways where workers must pass to be free of debris and tripping hazards.
Plaintiff injured both his thumbs in the fall when he stretched out his hands to stop his fall. Defendants argued that his injuries were not caused by the accident because he continued working for approximately six weeks after the accident. At that point the pain became too intense and our client sought medical treatment. Our client did report the accident to a nurse who worked at the site, because he assumed that the problem would simply go away.
As a result of the accident, the plaintiff sustained bi lateral tenosynivitis (trigger thumb) which required two surgical procedures. Plaintiff returned to work several weeks after each procedure and was working at the time of the settlement.