Result: $2.5 Million Verdict Reached for Injured Worker

The Perecman Firm, L.L.C., Secures Multi-Million Verdict for Client Who Suffered Career-Ending Injuries

In a trial that resulted in a unanimous jury verdict, The Perecman Firm, P.L.L.C., secured over $2.5 million in compensation for a worker who suffered neck and back injuries during a workplace accident. The facts of the accident, which occurred in February 2007, involved a 39-year-old construction worker who was performing duties at a construction site in Manhattan. While plastering a ceiling, the plaintiff used a ladder which collapsed while he was standing on the fourth or fifth step. The collapse caused him to fall and suffer injuries to his neck, back, and one shoulder.

As the plaintiff alleged in a lawsuit filed against the property owner, the ladder was not structurally sound, had been shaking for several hours, and despite the plaintiff informing a supervisor of the issue, was not replaced with a safer alternative. The suit claimed the accident resulted from the property owner’s failure to provide safe and proper equipment for an elevation hazard as required by § 240(1) of the NY State Labor Law.

The defense noted no one had witnessed the plaintiff’s accident, and that no report was filed for the incident before filing a motion for summary judgment of liability. The court granted the motion, and a trial was held to address the issue of the plaintiffs’ damages.

As discussed during trial, the plaintiff was unable to work during the first several days after the accident. Due to his lack of insurance and being unaware of his right to prompt medical care, the plaintiff waited 10 days before obtaining a medical evaluation. The evaluation showed traumatic impingement of his left shoulder, as well as herniation of his L5-S1, C5-6, and C4-5 intervertebral discs.

When non-invasive treatment, pain management, and physical therapy did not resolve his pain, the plaintiff underwent arthroscopic surgery for decompression of the shoulder. A spinal surgery using discectomy was performed to address a herniated disc, and a fusion procedure of his spine’s cervical region required the use of a plate and six screws. The plaintiff also underwent a course of physical therapy after each surgical procedure.

As a result of his injuries and residual pain, the plaintiff claimed he was unable to return to work and unable to resume many of his everyday activities, such as shopping and cleaning. Those claims were supported by the plaintiff’s vocational rehabilitation expert, who agreed the plaintiff could not resume work, and that his condition would become worse over time. He sought compensation for future medical bills, lost future earnings, and past and future pain and suffering.

In response, the defense argued the plaintiff had been aware of his right to medical treatment, that his injuries did not stem from his accident, and that he was exaggerating the severity of his injuries. Following four days of deliberation, however, the jury returned a verdict for $2,535,000 in damages, including:

• $1 million in compensation for past pain and suffering
• $1.2 million for future pain and suffering
• $335,000 for future medical expenses

The Perecman Firm, P.L.L.C., has extensive experience representing injured workers in construction accident cases such as these, as well as victims who suffer harm due to the negligence of property owners, product manufacturers, and others who fail to uphold their duty of care. Over the years, our firm has secured more than half a billion dollars in verdicts and settlements for clients across New York City and the state of New York.

If you have questions about a potential workers’ compensation or personal injury claim, contact us to request a free and confidential consultation.