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.
Tomkiel & Tomkiel Secures $5.26 Million Settlement in Devastating Construction Accident
The Case:
- Plaintiff: A 35-year-old shipping supervisor.
- Defendants: Prompt Apparel, Inc., Prompt Realty, LLC, Marcel Mirror & Glass Products, Inc., New York City Industrial Development Agency, Beckie Realty Co., 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 to adhere to Labor Law requirements, 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.