Result: $1.9M Settlement for Steamfitter Injured in Scaffold Accident
Successful Recovery for Worker Injured In NYC Scaffold Accident Secured by The Perecman Firm, P.L.L.C.
The Perecman Firm, P.L.L.C. reached a $1.9 million settlement on behalf of a 42-year-old union steamfitter who suffered a serious back injury in a scaffold accident on a New York City construction site. The incident, which took place in June 2004, involved claims that the scaffold had been negligently constructed.
The plaintiff, whose firm had been hired by another contractor to perform work on a construction project at a power facility in Queens, was joining and welding pipes on a scaffold which had been erected by employees of one of the named defendants. After climbing the scaffold and stepping onto its safety railing, the plaintiff attempted to rotate a clamp which secured the pipes, but slipped and fell onto the platform of the scaffold.
As a result of the fall, the plaintiff suffered herniation of two intervertebral discs and a compression fracture of one vertebra, which was diagnosed during a discectomy procedure and later required a vertebroplasty – a surgical procedure in which the fractured vertebra is injected with cement. After the surgeries, he attended physical therapy sessions, and was unable to return to work.
The plaintiff, with the assistance of The Perecman Firm, P.L.L.C., filed suit against several defendants, claiming the scaffold company’s employees were negligent when erecting the scaffold on which he fell, and that the other named defendants were vicariously liable. He further claimed he and other workers had reported the scaffold was too short, and that they could not properly perform their work, but had been told to do so anyway.
Counsel for the defendants argued the plaintiff’s actions were the only cause of the accident, and that he had misused the scaffold’s safety railing. The defense also claims his injuries occurred during an auto accident which took place before the scaffold accident, and for which he had received medical care and a year of physical therapy.
Given his serious injuries, medical expenses, and inability to resume work, the plaintiff sought reimbursement of a roughly $200,000 workers’ compensation lien, and damages for his lost future earnings and past and future pain and suffering.
The Perecman Firm, P.L.L.C. was able to negotiate a $1.9 million settlement, which also included the wavier of the workers’ compensation lien.