Tomkiel & Tomkiel Secures $5.26 Million Settlement in Devastating Construction Accident
The Case
Tomkiel & Tomkiel successfully secured a $5.26 million settlement for a construction worker who suffered severe injuries due to a workplace accident, including a burst fracture at L1 and cauda equina syndrome, caused by negligence and violations of Labor Law 240 and 241.
- Plaintiff: A 35-year-old shipping supervisor.
- Defendants: Several defendants, including the business owner, property owner, real estate agencies, an economic development agency, and the City of New York.
The Incident
This case involved a construction worker who was severely injured while working on a new dropped ceiling installation at a warehouse in Brooklyn, New York. The incident occurred on August 25, 2006, when the worker was standing on a 6-foot stepladder to position a light fixture. He received an electric shock, causing him to fall to the floor.
The Claims
The worker alleged that the defendants were responsible for his injuries due to their negligence. Specifically, he claimed they violated Labor Law §§ 240 and 241 by failing to provide a safe work environment, including:
- Failure to provide a platform or scaffold for proper foot positioning
- Failure to identify and de-energize electric circuits in the ceiling
The Injuries
The fall resulted in devastating injuries, including:
- Burst fracture at L1 with permanent spinal cord damage
- Conus medullaris injury with cauda equina syndrome
- Bilateral lumbar radiculopathies
- Neuropathic pain syndrome
- Herniated disc at L5-S1
- Mechanical axial lumbar pain syndrome
The worker required extensive surgery, including an L1 corpectomy, T12/L1 and L1/L2 discectomy, fusion with bone graft, and mesh titanium cage with screw and rod instrumentation. He continues to suffer from neurogenic bladder, bowel, and sexual dysfunction.
The Defense
The defendants denied responsibility for the worker's injuries, arguing that the incident was an unfortunate accident and not a result of their negligence. They also brought third-party claims against the worker's employer and an HVAC contractor.
Our Approach
Tomkiel & Tomkiel meticulously investigated the incident, gathering evidence that clearly demonstrated violations of Labor Law 240 and 241 by the defendants. We presented expert medical testimony highlighting the devastating, long-term impact of the worker's injuries, emphasizing his inability to return to work.
We also effectively navigated the complexities of third-party claims, ensuring our client's case remained strong and focused. Our team's dedication to thorough preparation and effective communication played a key role in achieving this successful outcome.
The Outcome
Despite the complex legal arguments and third-party claims, Tomkiel & Tomkiel successfully secured a $5,260,000 settlement for the worker, a testament to our firm's skill in handling complex construction accident cases.
Key Takeaways
This case highlights the importance of:
- Workplace safety: This case underscores the crucial role of workplace safety and the need for employers and property owners to adhere to Labor Law requirements during construction, ensuring a safe environment for all workers.
- Protecting the rights of injured workers: Tomkiel & Tomkiel is committed to vigorously protecting the rights of injured workers and seeking the maximum compensation they deserve for their injuries and losses.
- Understanding legal complexities: This case demonstrates the intricacies of construction accident law and the need for skilled legal representation to navigate the complexities of these cases.
If you have been injured in a construction accident or another workplace accident, contact Tomkiel & Tomkiel immediately for a free consultation. We are dedicated to fighting for the rights of injured workers and achieving a just outcome for our clients.
Please note: This case study is just an example. Every situation is different, and results can vary.
Disclaimer: Each legal case is unique. For specific legal guidance, please consult with an attorney.