NEW YORK, April 30, 2019 /PRNewswire/ -- The Perecman Firm, P.L.L.C. recently obtained a $12,000,000 settlement for an injured construction worker who suffered serious injuries in a workplace accident after being struck by a steel angle iron and falling approximately 15 feet from a ladder. The case was resolved at mediation less than two years after the accident took place.
The injured worker was represented by NYC Attorneys David H. Perecman and Steven B. Dorfman of The Perecman Firm, P.L.L.C.
About the Case
The case arose from an incident that occurred on September 21, 2016 in downtown Manhattan, involving a driver in the Teamsters union who had been working on a demolition site hauling debris. The worker had been performing job-related duties when he was struck with a piece of angle iron and fell approximately 15 feet from a ladder which had been affixed to the side of a roll-away container being used to hold demolition debris. A lawsuit was filed against multiple defendants.
Although there were no witnesses to the underlying incident, Attorney David Perecman and the firm's legal team alleged the accident had resulted from defendants failing to provide the worker with proper protection and allowing him to remain in the area when an excavator, which was being used to load debris into the roll-away container, was in use. The plaintiffs' attorneys alleged that a large piece of structural angle iron flew into the air, struck the worker, and caused him to fall.
As a result of the incident, the worker suffered several serious injuries, including injuries to his skull, brain, hand, and shoulder blade. He was required to undergo multiple surgeries and other forms of treatment.
A lawsuit filed by the plaintiff alleged a number of workplace safety violations against the defendants, including:
- Violations of New York Labor Law §§ 200 and 240(1) – The lawsuit alleged defendants failed to provide the worker with adequate ladders and other safety equipment which would have enabled him to safely perform his job at the elevated height of the roll-away container.
- Violations of New York Labor Law § 241(6) and New York Industrial Code § 23-3.4(c)(4) – The complaint alleged defendants permitted the worker to remain in the area of the container as demolition equipment (the excavator) was being used.
Defendants named in the suit raised several arguments in an attempt to dispute liability. It was claimed the injured plaintiff had not been performing demolition at the time of the incident, nor any other work associated with the demolition project, making him ineligible for coverage under any sections of the New York State Labor Law. Additionally, the defense claimed the plaintiff had received explicit instructions to not use or ascend the ladder, and that he was a "recalcitrant" worker.
Despite these arguments and difficulties created by a lack of witnesses, Attorneys David H. Perecman, Steven B. Dorfman, and the firm's legal team were able to effectively advocate for their client. A twelve million dollar settlement was ultimately negotiated with defendants through private mediation less than two years after the accident occurred. A waiver of a more than 2 million dollar workers' compensation lien was also obtained.
David H. Perecman is a nationally recognized personal injury lawyer regarded among New York's most experienced construction accident trial attorneys. Since founding The Perecman Firm, P.L.L.C. in 1983, David and the firm's legal team have recovered over $400 million in compensation for clients across NYC. In the past 7 years alone, the firm has secured more than 50 construction-related verdicts and settlements in excess of $1 million dollars each.
David Perecman is an active lecturer on New York Labor Law and construction workers' rights, and has assembled a team comprised of construction site engineers, safety experts, former trade union members, and former police officers turned investigators. More information about the firm and construction accident cases it handles can be found at www.perecman.com.
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SOURCE The Perecman Firm, P.L.L.C.