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Result: $1.8 Million for Mason Struck by Falling I-Beam

The Perecman Firm, P.L.L.C. recovers a six-figure settlement for a union mason who was struck on the back by a falling I-beam.

The Perecman Firm, P.L.L.C. Attorneys Steven Dorfman and Zach Perecman recovered $1.8 million in compensation for a union mason who was injured by a falling I-beam.

The plaintiff was a 39-year-old cement and concrete union worker who had been working on a construction project in Manhattan when an I-beam fell on his back. The I-beam was not braced or secured and had been leaning against a scaffold.

Injuries & Treatment

The plaintiff was diagnosed with disc bulges and a disc herniation. He received several years of conservative spinal treatment with a pain management doctor, seven trigger point injections, a medial branch block injection, three epidural injections, and bilateral lumbar radiofrequency ablations.

After imaging revealed a progression of disc herniations, the plaintiff underwent surgery which included a decompressive lumbar laminectomy with medial facetectomies, decompression of neurological elements and nerve roots, partial discectomy, laminotomy, other intraoperative procedures. He continued to experience pain and symptoms following surgery and underwent additional ablations and trigger point injections.

At the time of settlement, the plaintiff had not returned to work and experienced severe back pain that interfered with his daily tasks. The plaintiff’s orthopedic surgeon noted that he continued to have severe mechanical axial symptoms and would likely require a lumbar spinal fusion surgery in the future.

A vocational rehabilitation and life care planning expert for the plaintiff opined that he would remain chronically unemployed if his condition did not improve and that he would at best experience a 75% loss in lifetime workforce participation. The plaintiff’s expert economist calculated lifetime care expenses over $1.7 million.

Claims & Result

A lawsuit filed against the premises owner and general contractors alleged that the defendants violated the NY Labor Law by negligently failing to provide a safe workplace. It sought damages for pain and suffering, $1.99 million in lost future earnings, $303,000 in last past earnings, and lost benefits amounting to approximately $295,000.

Ultimately, a pretrial mediated settlement was reached for a total of $1.8 million.

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