Injured Construction Worker
WRSH Partner, Kenneth Halperin obtained a settlement during trial in the amount of $300,000.00 for a 36 year old construction worker who was injured when he fell from a broken scaffold.
The accident in question occurred when the worker was walking along the scaffold, which was constructed out of wood. The contractor that built the scaffold failed to properly secure the planks and in result, two of the planks collapsed and caused our client to fall through the structure and injure himself. At the completion of discovery, we obtained summary judgment on the issue of liability pursuant to Section 240 (1) of the Labor Law. This was because we were able to show that the scaffold was broken and defective and most importantly that the planks should have been secured.
In consequence of the faulty assembly of the scaffolding, the plaintiff sustained a torn anterior cruciate ligament in his knee that required surgical reconstruction. The surgery was performed approximately two years after the accident because our client first attempted conservative treatment. Prior to trial, the defendant's insurance company offered $75,000 to settle the case, which we rejected.
The case settled for $300,000.00 after our client and his orthopedic surgeon testified.