As the New York times reports, construction accidents are growing at an alarming rate. Fatalities are rising as a result. These occurrences are documented in a New York Times article.
Ladders, Scaffolds, and Falls from Heights
Cases involving falls from heights frequently result in terrible injuries. All of the cases listed below resulted in million dollar plus recoveries for injured construction workers.
Bricklayer suffers in injury in fall at construction site
A bricklayer building an elevator shaft fell down a shaft way during construction of a new residential apartment building in Manhattan. He suffered injuries to his head, back, hip and ribs. The defendant general contractor and building owner each denied responsibility and legal liability for the accident. During the course of the lawsuit, a New York City construction accident attorney won judgment for the injured worker against both the owner and general contractor for violation of the New York State Labor Law, which the defendants appealed. The appeal was won. The plaintiff recovered $2.45 million.
Construction Injury
Progression of iron worker’s injury compensable after fall
Plaintiff iron worker fractured his foot in a fall at a construction site. Although the plaintiff was able to return to his former employment in construction within seven months following the accident, a construction law firm in New York City argued that arthritis from the injury would progress and prevent the plaintiff from continuing as a construction worker within five to ten years, thereby requiring the plaintiff to take a lower paying job in the future. The alleged future lost wages resulted in a $1.3 million monetary recovery for the plaintiff.
Scaffolding Accident
Recovery for emotional difficulties and loss of sense of smell and taste
A carpenter had fallen six-feet from scaffolding, striking his head on the floor. Although diagnostic tests, including an MRI, did not show a brain injury, the plaintiff’s family noticed a change in his behavior and he complained of emotional difficulties and a loss of sense of smell and taste. As such injuries are difficult to prove, attorneys arranged for the plaintiff to undergo extensive testing at the world renown University of Pennsylvania Smell and Taste Center. Many tests were administered over the course of two days, and were so extensive that any fraud or faking of symptoms would be revealed. The tests proved that the plaintiff’s symptoms were real, which added credence to the claims of emotional difficulties, resulting in a $1.2 million recovery for the plaintiff.
Ladder Fall Injury
Electrician should have been provided scaffold in windy conditions
An electrician fell from a six foot A-frame ladder while working outdoors, suffering multiple fractures to his leg with complications. His case settled for a very large monetary recovery after the attorney obtained weather records proving that there were high winds at the time of the accident. He argued that, as the plaintiff could not hold on to the ladder while working with his hands, a scaffold should have been provided instead of merely a ladder.
These case were won by the Law Office of John O’Gara who practices New York City construction law. His law firm is located at 270 Madison Avenue, Suite 1400, New York, New York; Toll Free: 877-852-1268
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