On October 18, 2012, the plaintiff, a 31 year old Local 79 construction worker was performing demolition work at 675 Avenue of the Americas in Manhattan . He was using a power saw to cut and remove overhead metal ducts. The ladder was placed on a work surface that was not cleared of dirt and demolition debris. In addition, a co-worker who was holding the ladder steady left the area at the time of the accident. While the plaintiff was descending the ladder, the ladder shifted and toppled over causing the plaintiff to fall approximately five or six feet and strike the concrete floor.
As a result of this fall, he was seriously injured and rendered disabled. He required multiple surgical procedures including an anterior cervical discectomy fusion, left hip surgery and a left ankle ligament reconstruction. Furthermore, despite epidural injections to his lower back, his back injury progressively worsened until he eventually underwent a lumbar laminectomy.
During the discovery phase of the litigation, settlement discussions were held which resulted in the settlement of $3.7 million on behalf of the injured plaintiff. The partners and staff at Queller, Fisher, Washor, Fuchs & Kool, LLP extend our heartfelt congratulations to our partner, Jonny Kool, on this tremendous result.
New York's law regarding liability in construction accidents favors the victims in cases where an elevated fall caused injury. New York Labor Law 240 (1) places absolute liability on the general contractor and property owner in cases where construction workers suffered injuries from an elevated fall. This law means that any construction worker who is injured on the work-site due to a fall from elevation, regardless of circumstance, may be entitled to compensation. The only individuals who are exempt from absolute liability under New York Labor Law 240 (1) are property owners of one and two-family dwellings.
Construction workers who have been injured in a ladder fall may also be able to file a lawsuit under New York Labor Law 241 (6). The aforementioned labor law holds the property owner and general contractor responsible for upholding the specific safety rules of rule 23 of the Industrial Code regarding the construction or demolition of a building, and excavation work. If the ladder fall occurred while the victim was performing any of the previously mentioned types of construction, they may be entitled to compensation under New York Labor Law 241 (6).
Our attorneys are recognized as among the best attorneys in New York City and throughout the State in representing people injured or killed from a defective or improper ladder. In fact, our partners are often sought out for their expertise when it comes to handling ladder accident cases in New York and have lectured throughout the State to other attorneys regarding the proper and most effective way to litigate a ladder accident case.
While New York Labor Law 240 (1) provides the opportunity for injured construction workers to recoup compensation following an elevated fall, it does not guarantee that victims will be properly compensated. As a result, it is in the best interests of construction workers who have suffered an injury due to an elevated fall to seek the counsel of an attorney with experience handling construction accident cases. At Queller, Fisher, Washor, Fuchs & Kool, our attorneys seek maximum compensation for all of our clients who have suffered an injury from an elevated fall. We have decades of combined experience handling construction accident cases and have a lengthy track record of success. Our firm has collected numerous multi-million dollar verdicts and settlements, including a $10.5 million construction accident case.
Have you or someone you love suffered an injury after an elevated fall on the work-site? If so, you may be entitled to compensation. Call (212) 406-1700 or contact us on-line for a free consultation. We take all of our cases on a contingency fee basis, meaning there is no charge unless we recover damages.