$11.25 Million Settlement for a Union Mason Who Fell Through a Covered Floor Opening

$11.25 million settlement, plus a full waiver of an approximately $838,000 workers' compensation lien. Construction Accident | Labor Law § 240(1) | Summary judgment won on appeal

What happened

Our client was a union mason working on a construction project in New York. He was walking across the floor when he stepped onto a sheet of plywood. What he didn't know was that the plywood was covering, or barely covering, a hole in the floor. When he stepped on it, the plywood flipped and he fell into the opening.

He was badly hurt: injuries to his head, neck, back, knees and shoulders, among others. He was taken straight to the hospital and spent several days there. He went on to have a number of surgeries, and he was never able to return to work as a union mason.

What the defense argued

There were several defendants, and they fought this case on the facts. The owner, the general contractor, a construction manager, a site safety company and a subcontractor were all involved, and they denied the accident happened the way our client described it. Each one denied responsibility, and the general contractor's superintendent testified that he had told our client he was not allowed in the area where he fell. Our client denied all of it, and we were able to rebut many of the defendants' arguments using the evidence in the case, not self-serving statements.

How we won it

Both sides moved for summary judgment under Labor Law § 240(1), the Scaffold Law, which protects workers from falls from a height. We moved against all defendants. The defendants moved to throw the case out. The trial court denied nearly every motion.

Dissatisfied with the decision not to grant us summary judgment on liability (a ruling that the defendants were 100% responsible for the accident), we took it to the Appellate Division, First Department, and won. The court held that it didn't matter whether our client should or shouldn't have been in that area. The hole was unsecured and inadequately covered, it posed an elevation risk, and that was enough. Our client was granted summary judgment on liability under § 240(1).

That is why the Scaffold Law matters. Once a worker is exposed to an unprotected fall, an argument that he was somewhere he shouldn't have been usually doesn't get the owner and contractors off the hook. Read more about New York construction accident claims.

The result

With liability decided, the case moved toward trial. Our office had the case ready to go: experts exchanged, medical records obtained, and trial-ready. When the defendants know you're ready and that you will try the case, their stance is different, and just before trial the defendants offered $11.25 million. Our client accepted.

The number on its own doesn't tell the whole story. Our client had a workers' compensation lien of approximately $838,000. Ordinarily the workers' comp carrier gets roughly two-thirds of that paid back out of any settlement. As part of the deal, the defendants agreed to have the lien fully waived, so our client kept that money too, putting his total recovery well above the $11.25 million figure.

As a result of his injuries, he couldn't go back to work in the trade he worked in, but this settlement gives him and his family the financial security to look after himself and his future.

Attorney Advertising. Prior results do not guarantee a similar outcome. This page describes a past matter for general information and is not legal advice.