RESULT: $3 Million Settlement for Worker Injured in Fall From Scaffold
The Perecman Firm secured a $3 million settlement for a worker who was injured when he fell from a scaffold.
The Perecman Firm, P.L.L.C. represented a client who sustained fracture, heel / calcaneus, herniated disc at L3-4, fusion, lumbar, herniated disc at L5-s1, physical therapy, fusion and ankle after falling from a scaffold.
On Nov. 12, 2010, our client, a laborer, worked at a building. The plaintiff was painting the interior portion of the building. The task necessitated his use of a scaffold. The plaintiff claimed that he fell off of the scaffold. He further claimed that he sustained injuries of his back and his heels.
The plaintiff sued the premises' owner. The plaintiff alleged that the premises’ owner violated the New York State Labor Law.
The defense impleaded the plaintiff employer. The first-party defendant alleged that the employer controlled and directed the plaintiff’s work functions.
The plaintiff claimed that his fall was a result of a foreman having moved and inadvertently tipped the scaffold, which had wheels. The plaintiff contended that the scaffold should have been secured by outriggers.
The plaintiff’s counsel contended that the site was not properly safeguarded, as required by Labor Law 241(6). They also contended that the incident stemmed from an elevation-related hazard, as defined by Labor Law 240(1), and that the plaintiff was not provided the proper, safe equipment that is a requirement of the statute.
Defense counsel contended that the incident did not occur in the manner that the plaintiff described. The incident was not witnessed, but one worker claimed that, moments prior to the incident, he observed the plaintiff climbing a ladder that was leaning against one side of the scaffold.
Defense counsel also claimed that the scaffold had been secured by outriggers, but that the plaintiff removed one of the outriggers prior to the accident. They further claimed that the plaintiff was suffering an injury of his back and was not supposed to be on the scaffold. The case settled prior to trial for $3 million.