$1.375 Million Settlement for Worker who Fell from Unguarded Jobsite Platform

This was a construction injury New York Labor Law 240 OSHA safety rules violation case wherein plaintiff a wood flooring installation laborer sustained serious injuries on a dangerous, OSHA non-compliant construction site located in Lloyd Harbor, New York.

The project was the construction of a new multi-million dollar estate complete with a multi-sports gymnasium in the basement.  At the time of the incident the worker was directed to stain new hardwood flooring.  He had just finished one set of the basements steps.  He had to go through the basement to complete the other set of steps at the other end.  This was his first time in the basement which was unlit and dark.  As he was making his way to the other side, he fell down 10 feet onto the subterranean gymnasium.

Basic safety rules required the 10 foot drop off to be guarded to protect against the very danger that caused these injuries.  The general contractor admitted his employees removed the guarding around this hazard.  Citations were issued for these violations.

Immediately after the incident, the worker was placed in a c-collar and on a backboard and  transported via ambulance to Huntington Hospital where he was in and out consciousness.  He was diagnosed with a serious head injury.  He ultimately underwent surgery whereby the pressure in his skull was relieved by removing part of his skull.  He underwent a long rehabilitation process which was complicated by seizures and other side effects from medication.

The worker had substantial wage loss and medical expense claims.  He continued to suffer residual effects from these head injuries.  This included headaches, dizziness and memory loss.

After a long and hard fought litigation against the insurance companies for the job site general contractor and subcontractor, Clark Law Firm was able to secure a settlement of $1.375 million.  This is a favorable recovery for a deserving worker.