Work Injury - Fall From Scaffold
WRSH Partner, Ken Halperin recently obtained a $2.2 million dollar settlement for a laborer who fell off a scaffold from a height of approximately 40 feet. The accident occurred when our client was washing boards on a scaffold. While he was washing the boards the scaffold became slippery and while he was working he slipped and fell through the side of the scaffold and landed on the ground below. The accident occurred because the scaffold did not contain the requisite side safety rails and also because the worker was not supplied with a mandatory safety harness. Here, our client asked for one, but was told that none were available.
After discovery we moved for and was granted summary judgment pursuant to Labor Law -240(1). We were able to settle this case at a mediation approximately two months before the trial was scheduled to begin.
As a result of the accident, the plaintiff sustained a concussion and traumatic brain injury. He also sustained a herniated disc in his lower back which required him to undergo a lumbar laminectomy.