Construction Accident: Tomkiel & Tomkiel Secures $2.7M for Injuries Sustained from Falling from a Roof
Our attorneys understand the devastating impact that construction accidents can have on individuals and families. Our firm is committed to representing the rights of injured workers and their families. This case study highlights one such instance where our dedication and skill led to a successful outcome for our client.
The Case:
- Plaintiff: A 46-year-old carpenter.
- Defendant: A construction company and the building owners.
The Incident:
While working on a construction site, our client, a carpenter, was tasked with applying waterproofing material to the roof of a shanty that had been erected inside a parking garage. As he was crouching on the shanty's roof, his head bumped into a pipe located in a deck four feet above. This caused him to stumble and fall, resulting in significant injury to his hip, neck, head, and shoulder.
The Claim:
We argued that the incident stemmed from a violation of New York State Labor Law § 240(1), which mandates that employers provide safe work environments and equipment to prevent elevation-related accidents. We asserted that the lack of proper safety measures, including the absence of a safety harness and inadequate railing, directly contributed to our client's fall.
The Defense:
The defense argued that the accident was an "ordinary accident" and not a violation of Labor Law § 240(1), stating that the worker sustained a bump to the head and not a fall. Furthermore, the defense presented expert opinions from an orthopedist and a neurologist. The orthopedist argued that our client's injuries were not permanent, while the neurologist argued that our client did not suffer any permanent neurological limitations.
Our Approach:
Our attorneys meticulously investigated the incident, gathering evidence to support our client's claim. We demonstrated that the employer's failure to provide a safe work environment directly led to our client's injuries and the resulting career-ending consequences.
The Outcome:
We successfully secured a $2.7 million settlement for our client, demonstrating the strength of our case and our ability to represent injured workers. The settlement covered past and future medical expenses, lost wages, and pain and suffering.
Key Takeaways:
- Construction accident cases often involve complex legal issues related to liability and worker safety.
- It is crucial to consult with an experienced attorney who understands the intricacies of construction accident laws and can effectively advocate for your rights.
- It is essential to carefully document all aspects of an incident, including injuries, medical treatment, lost wages, and any evidence that supports your claim.
Contact the construction accident lawyers at Tomkiel & Tomkiel today to schedule a free consultation. We are dedicated to helping injured workers recover the compensation they deserve.
Please note: This case study is for illustrative purposes only and does not reflect any specific details of a particular case.
Disclaimer: The content of this website is for informational purposes only and does not constitute legal advice. You should consult with an attorney for advice regarding your specific legal situation.