Tomkiel & Tomkiel Seeks $6 Million for Construction Worker Injured in Fall Through Unsecured Flooring
A worker suffered severe injuries after falling through a partially constructed floor, leaving him with permanent disabilities that had a significant impact on his future. Tomkiel & Tomkiel is aggressively pursuing a $6 million settlement to ensure the worker receives the compensation he deserves.
The Case:
- Plaintiff: A journeyman carpenter with Local 926 Carpenters Union.
- Defendants: A Manhattan high-rise property owner and its general contractor construction company
The Incident:
On April 24, 2012, the construction worker was working on the 11th floor of a high-rise building in Manhattan, installing wooden forms for concrete pouring. He was walking across a partially constructed floor, comprised of stringers, ribs, and plywood decking, when a rib dislodged, causing him to fall through the gap between the 10th and 11th floors. The fall resulted in severe injuries.
The Claims:
The worker alleged that the defendants were responsible for his injuries due to their negligence and violation of Labor Law §240(1). Specifically, he claimed:
- Unsafe work environment: The partially constructed floor was not adequately secured, creating a fall hazard.
- Lack of safety measures: No horizontal lifeline was provided, and there was no place for Mr. Nedd to tie off his harness.
- Failure to protect from elevation-related hazards: The defendants failed to provide proper safety devices to protect Mr. Nedd from the risk of falling
The Injuries:
The fall caused multiple injuries, including:
- Facial Injuries: Impacting against the ribs and stringers on the way down.
- Head Injuries: Possible concussion or other head trauma.
- Back Injuries: Potential spinal injuries due to the impact of the fall.
- Arm Injuries: Potential fractures or ligament damage from the weight of his body while hanging from the stringers.
The Defense:
The Defendants initially denied responsibility, arguing that the worker's fall was caused by his own negligence. They also attempted to minimize the severity of his injuries.
Our Approach:
Tomkiel & Tomkiel thoroughly investigated the incident, gathering evidence demonstrating the Defendants' negligence and violation of Labor Law §240(1). We presented expert medical testimony highlighting the devastating impact of the worker's injuries and the likelihood of long-term disability. We also emphasized his significant economic losses, including lost wages and future medical expenses.
The Outcome:
Despite the Defendants' efforts to downplay their responsibility, Tomkiel & Tomkiel is seeking a $6,000,000 settlement for the worker, a testament to our skill in handling complex construction accident cases.
Key Takeaways:
This case highlights the critical need for:
- Strict safety standards on construction sites: Construction sites are inherently dangerous, and employers must prioritize worker safety by following strict standards and promoting a culture of vigilance.
- Holding negligent parties accountable: When a worker is injured due to negligence, it is crucial to hold those responsible accountable. Tomkiel & Tomkiel is dedicated to vigorously seeking maximum compensation for injured workers.
- Dedicated legal representation for injured workers: Construction accident cases often involve intricate legal issues. Having an experienced attorney on your side can make a significant difference in navigating these complexities and presenting a strong case.
If you or a loved one has been injured in a construction accident, we encourage you to contact Tomkiel & Tomkiel immediately for a free consultation. We are here to fight for your rights and achieve a just outcome.
Please Note: This case study is presented for illustrative purposes only. It does not disclose any confidential information. Every legal case is unique, and outcomes can vary depending on the specific facts and circumstances.
Disclaimer: This content is intended for informational purposes only and should not be construed as legal advice. If you have a legal issue, it is essential to consult with a qualified attorney for guidance on your specific situation.