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Result: $1.5 Million for Plumber’s Assistant Injured in Ladder Fall

The Perecman Firm, P.L.L.C. recovers $1.5 million at mediation for a plumber’s assistant who fell from an A-frame ladder.

Attorneys Steven Dorfman and Zach Perecman of The Perecman Firm, P.L.L.C. recovered a $1.5 mediated settlement for a plumber’s assistant who was injured after falling from an A-frame ladder.

The plaintiff was a 32-year-old plumber’s assistant who was working on a construction site in Jamaica, Queens, NY. While cutting metal studs in the ceiling from a 6-foot A-frame ladder, the ladder moved, causing the plaintiff to lose balance and fall.

Injuries & Treatment

The plaintiff injured his lower back, left shoulder, neck, and hips. An MRI of his back showed a disc bulge in the lumbar spine with disc material encroaching the ventral thecal sac and ventral subarachnoid space, as well as bilateral foraminal narrowing. An MRI of the left shoulder revealed increased signal in the distal portion of the clavicle with marrow edema and tendinosis of the supraspinatus tendon.

The plaintiff received chiropractic care, physical therapy, and epidural, subacromial, and trigger point injections for his lower back. He later underwent a surgical laminotomy and additional physical therapy and epidural injections. He also underwent surgery for his left shoulder consisting of arthroscopy, SLAP lesion repair, synovectomy, and subacromial decompression. His orthopedic surgeon recommended an additional lumbar revision surgery with a lumbar fusion.

The plaintiff, who had a history of lower back and hip pain with a prior hip surgery, was unable to work for four years after the accident, when he began driving for Uber and other ride share services.

Result

The Perecman Firm, P.L.L.C. filed a lawsuit against the site owner and general contractor alleging that the defendants negligently failed to provide a safe workplace in violation of New York State Labor Law. The general contractor brought a third-party action against the plaintiff’s employer. A coworker of the plaintiff testified that he told the plaintiff to move the ladder closer to the work area so he did not have to lean over when performing work.

Although a private mediation was held, no settlement was reached on that day. With follow-up from the mediator, the defendants ultimately agreed to a settlement two weeks later. The total recovery for the plaintiff was $1,500,000.

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