Union Worker Injured on the Job - Fall From Unsecured Ladder
WRSH Partners Mitchell Kahn and Kenneth Halperin obtained a $2,950,000 settlement for a 49 year old Union Asbestos handler who was injured while working at a construction site. At the time of the accident the plaintiff was using a 6 foot A-Frame ladder to perform framing work in preparation for the hanging of a large plastic bag that would form a protective area as the asbestos was abated. The ladder was situated on the cement floor of the building which was wet with a film of water, sand and dust, the result of water having been sprayed to settle the asbestos dust. As the plaintiff was working on the 4th rung, the ladder suddenly shifted to the side and then forward causing plaintiff to fall with the ladder.
As a result of the accident the plaintiff sustained an intra-articular radius fracture to his left wrist, a left shoulder tear, herniation’s at L4-5 and L5-S1, and an internal derangement to the knee. The plaintiff required a lumbar fusion, arthroscopic surgery to the left shoulder, knee injections and maintained that he may well need knee replacement surgery in the future.
During depositions we established that that the defendants had violated Labor Law Section 240, in failing to provide the plaintiff with a proper safety device to perform his work. Prior to submitting our motion for Summary Judgment the case was resolved at mediation for $2,950,000.