Arye, Lustig & Sassower, P.C.

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Man awarded $5.1 million after construction site accident

One of the biggest risks on a New York construction site is falling, and preventing anything from falling is crucial. This could mean properly securing harnesses and scaffolding for people who are working high up in a building, but it could also mean making sure that materials do not go plummeting to the ground as well. When objects fall from high levels or are very heavy, they can cause serious damage to the people below.

This was certainly the case when a 56-year-old man was hit in the head by a pile of lumber that had fallen three stories from a forklift in a devastating construction site accident. He was seriously injured and claimed that the accident left him with a severe brain injury which affected his memory and ability to learn. He filed a lawsuit against the general contractor and subcontractor on the job, but had to wait for some interesting research to be done before a settlement was reached.

According to reports, the man's attorney researched the NFL concussion statistics which have been highly discussed recently. It makes sense, doesn't it? It had to be shown that one single incident could indeed cause the kind of damage the man experienced. It turned out that the correlation between a construction worker getting a brain injury from falling lumber and a professional football player getting a concussion during a game is quite significant. They even wear similar protective head gear.

Taking the research from former NFL players who exhibited similar Alzheimer's-like symptoms confirmed the true extent of brain damage that is possible, even after one concussion. The man and the defendants came to a settlement of over $5 million

Construction accidents can often have devastating and life-changing consequences, and the injuries that are sustained can be permanent and costly. Many construction workers understand that they can receive workers' compensation if they are hurt on the job, but there may also be third parties involved in an injury that can also be held liable. As long as a subcontractor or contractor is not a person's employer, they can be named in lawsuit. Because accidents that involve falling objects can often end a victim's career, pursuing compensation is a very effective way of protecting a person's future and family.

Source: Daily Herald, "DuPage brain-injury lawsuit settled for $5.1 million," Josh Stockinger, Nov. 9, 2012

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  • $2.1 million settlement

    for 33-year old electrician who fell from ladder while attempting to fit heavy cable into crown box when cable sprung back and struck him, causing him to suffer left shoulder injury with impingement.

  • $1.6 million settlement

    for 38-year old electrician who slipped and fell on debris on stairway with resulting cervical herniated disc and aggravation of pre-existing arthritic changes.

  • $2.55 million settlement

    for 42-year old electrician who fell into an uncovered, unprotected hole and suffered a severe low back injury with herniated disc(s) that required surgery at L4-5 and L5-S1 levels.

  • $1.75 million settlement

    for 26-year old construction worker who fell through opening in roof and fractured his wrist, requiring surgery with open reduction and internal fixation, external fixation device, and eventual fusion.

  • $2.5 million settlement

    for 38-year old female electrician (with history of prior neck injury) who tripped on uneven Masonite protective floor covering, and suffered neck injury with herniated discs requiring cervical fusion.

  • $1.2 million settlement

    during trial for 40-year old sheet metal worker who was struck in the neck and shoulder by an air conditioning unit and suffered herniated cervical discs and cervical radiculopathy.

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