June 20, 2019
$1,750,000 – Construction Worker – Labor Law – Struck by Falling Debris
Plaintiff, a self-employed construction worker was struck by wet cement being poured 29 floors above him at a construction site. As a result of being struck, he fell six feet off of the back of a flatbed truck where he was working. Plaintiff suffered an ankle injury which required surgery and an exacerbation of a pre-existing lumbar back injury which also required surgeries. Defendants claimed the back injury was degenerative in nature since the plaintiff was being treated for back pain by his doctors in the years leading up to the accident.
Plaintiff did not have a lost earnings claim since he did not miss any time from work. Hecht Kleeger & Damashek, P.C., won liability on a summary judgment motion under Labor Law Section 240 and 241(6). After a lengthy negotiation, Hecht Kleeger & Damashek, P.C., partners, Jordan Hecht and Jonathan Damashek, secured a $1,750,000.00 settlement for the plaintiff.
The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.