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Result: $2.9M Recovered for Construction Worker with Spinal Injuries

Construction Worker Falls 15 Feet From Ladder, Suffers Neck, Back & Shoulder Injuries

The Perecman Firm, P.L.L.C. recovered $2.9 million in compensation on behalf of a 50-year-old construction worker who suffered back injuries after falling from a ladder. The incident, which occurred in January 2009, involved a 50-year-old construction worker who was performing ceiling installation at a renovation project in Manhattan. As the nature of his work required him to work from heights, the plaintiff had fallen off a ladder while performing job duties, fell roughly 15 feet, and suffered injuries to his neck, back, and shoulders.

The plaintiff filed suit following the incident, alleging the ladder did not provide adequate support, and naming the property owners as defendants. It was further contented that the incident resulted from a Labor Law § 240(1) elevation hazard, and that the plaintiff was not provided safe and proper equipment as required by the law. A motion for summary judgment of liability was granted, and a trial followed to address damages.

At trial, evidence was provided regarding the nature of the plaintiffs’ injuries, which include claims of herniation of the L5-S1, C6-7, and C5-6 intervertebral discs, and impingement of each shoulder. The plaintiff was initially given morphine and minor treatment, and commenced a course of bi-weekly physical therapy which lasted approximately two years.

In March of 2010, the plaintiff underwent surgery to remove a herniated disc (discectomy) and fuse a portion of the cervical spine (fusion). In December of the following year, the plaintiff underwent a second surgical discectomy to remove the L5-S1 disc, and resumed physical therapy which he still continued to attend at the time of trial.

As a result of his injuries, the plaintiff claimed to experience lasting pain and physical limitation – symptoms which his treating orthopedic surgeons agreed were the residual effects of his accident. He sought a recovery of his medical expenses (both past and future expenses), and his past and future pain and suffering.

The defense argued the plaintiff’s spinal injuries were degenerative in nature, and that the injuries and the surgeries he obtained did not result from his accident. The defense also noted a previous workers’ comp claim filed by the plaintiff which alleged a disabling back injury.

During trial, the defense reached a settlement with the plaintiff, with the insurer agreeing to pay $2.9 million in compensation.

The recovery is a significant victory for our client, and a testament to the diligence and commitment of our legal team. Over the years, our award-winning attorneys have earned The Perecman Firm, P.L.L.C. a national reputation for our ability to protect the rights of victims and families in a range of injury cases – including those involving construction accidents, workers’ compensation, and personal injury or death caused by the negligence of others – as well as a track record of over half a billion dollars in compensation for our clients.

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