Clark Law Firm Recovers $3.5 Million for Construction Worker Who Fell off Roof
New Jersey Law Journal Feature – Essex Suit Linking Worker’s Fall to OSHA Violations Settles for $3.5M
On February 23, 2009 a Clark Law Firm client was directed to work on the roof of a townhouse on a project located in Marshalls Creek, Pennsylvania known as the “Country Club of the Poconos.” This is a luxury townhouse community with resort style amenities including an 18 hole golf course. Toll Brothers was the general contractor and developer of the project. Toll Brothers in turn hired defendant Anchor Framing Corporation as a subcontractor to perform framing and sheathing work on the project. The Clark Law Firm client was a direct employee of Anchor Framing.
Plaintiff alleged the fall occurred because defendants failed to follow basic work safety rules established by OSHA and other industry authorities. These included OSHA general health and safety regulations and specific fall protection safety rules. The Clark Law Firm worker was not provided with nor instructed to use any fall protection. He was also not trained in fall protection safety. As he was working at the height, he fell to the ground and sustained serious head and other injuries.
Plaintiff presented evidence that Toll Brothers had direct knowledge of the ongoing failure to follow the fall protection rules. After this worker’s fall, defendants did nothing to correct the ongoing failure to follow the safety rules on this project. As such, only nine days later another Anchor Framing worker suffered a similar 20 foot fall from scaffolding incident on the very same job site. OSHA conducted a joint investigation into both incidents. OSHA concluded safety rules were not followed on a repeated basis.
After a long and hard fought litigation, attorney Gerald Clark of the Clark Law Firm was successful in obtaining a $3.5 million settlement for the severely injured worker with insurance companies for the Toll Brothers general contractor defendants.