Case Facts:
Employed through a subcontractor, a 40 year old finish carpenter was installing windows at a condominium complex in Hull, Massachusetts. While he was 20 feet up on a ladder supplied to him by his employer, the ladder gave way and he crashed to the ground.
As a result of the defective ladder, our client suffered fractured vertebrae from the L3 to the S1, and severe bone and ligament damage to both of his ankles. He was forced to undergo a spinal fusion surgery that implanted a permanent C-Arm with 2 rods and multiple screws to keep his back together.
Further, he was forced to undergo a series of surgeries on each of his ankles to address those injuries. He retained Mazow | McCullough, P.C. to investigate the liability of his employer and the general contractor in causing his workplace injuries.
Workplace Injury Settlement Issues:
Because our client was working at the time of his injury, he is generally not allowed to bring a lawsuit against his employer. The typical way to resolve a workplace injury case is for the injured party to avail themselves of the workers compensation system.
However, Mazow | McCullough, P.C. discovered that the subcontractor did not carry the required coverage, opening the door for and gaining our client substantially more than he would have received proceeding only for the workers compensation benefits. After suit was filed, the defendants fought over the ownership of the ladder. Through aggressive discovery practice, Mazow | McCullough, P.C. was able to prove that the subcontractor was the owner of the ladder, and that the general contractor had a duty to prevent against workplace injury by using safe and proper equipment was being used at its construction site.
Settlement Details
Mazow | McCullough, P.C. was able to reach an agreement with the general contractor for its share of the damages. We then pursued the subcontractor for the permanent workplace-related injuries and loss of income suffered by our client.
After trial, Mazow | McCullough, P.C. obtained a verdict in the amount of $1,742,231.42.
