The Perecman Firm, P.L.L.C. represented a client who sustained injuries to his skull, shoulder blade, and hand. He underwent multiple surgeries to treat these injuries.
On September 21, 2016, the plaintiff, a union laborer, fell approximately 15 feet off a fixed ladder that was attached to the side of a roll away container that was being filled with demolition debris. While the incident was unwitnessed, it is believed that as an excavator was being used to load the container, a large piece of angle iron sprung up and struck the plaintiff, causing him to fall off the ladder.
The plaintiff commenced a lawsuit on September 8, 2017 alleging that the defendants violated New York Labor Law §§200, 240(1), and 241(6). The plaintiff claimed that the defendants failed to provide him with any proper ladders, equipment, or other safety devices to permit him to perform his job at the elevated height of the container. Further, the plaintiff alleged that the defendants violated §241(6) and NY Industrial Code §23-3.4(c)(4) by permitting the plaintiff to remain in the area of the container as demolition equipment (the excavator) was being used.
The defense alleged that the plaintiff was not performing demolition or other work associated with the demolition project at the time of the accident and was thereby not protected by any of the sections of the Labor Law. Moreover, the defense claimed that the plaintiff had been explicitly instructed not to ascend the ladder and was a recalcitrant worker.
The parties negotiated a settlement at mediation of $12,000,000.00 plus waiver of a Workers’ Compensation lien of more than $1.8 million.
The Perecman Firm, P.L.L.C.'s team of NYC personal injury attorneys have recovered more than $400 million in verdicts and settlements for their clients. We understand the financial and emotional toll a serious accident can have on your life. That’s why we dedicate ourselves to maximizing your recovery and securing what you deserve.
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