$1,243,000 Settlement for Local 6A Union Worker Crushed by Unsecured Metal Container

Our client, a Local 6A member, was working at a Manhattan expansion project. He and a co-worker were tasked with the hoisting/lowering of a metal container weighing thousands of pounds. As the improperly secured container was being hoisted, it tipped over and crushed our client’s left leg, resulting in comminuted left tibia and fibula fractures that permanently disabled him from construction work. Represented by Partners David Scher and Stephen Murphy, he received a $1,243,000 settlement.

Court and County
Supreme Court, Kings County

Plaintiff Description
At the time of the accident, our client was a 36-year-old member of the Local 6A, a cement and concrete worker’s union.

Description of Case
This is a Labor Law 240(1) case involving our client, a union construction worker, who was employed to work on an expansion project in Manhattan. During the project, Plaintiff was assisting another worker in the hoisting/lowering of a heavy metal container box and trying to remove the debris bags within that box so they could be dropped into a larger 30-yard container on the site. During this hoisting operation, the metal container box was improperly lowered into the larger container in such a way that it suddenly tipped over and fell onto our client’s left leg, pinning him against the side of the larger container. The box that fell onto Plaintiff’s leg weighed thousands of pounds. The metal container box was lowered in a manner where it was not flush with the bottom of the larger container and was thus subject to tipping. It is clear that the box required securing for the purposes of this undertaking. Because it was improperly secured, it fell and injured our client as a result.

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Injuries/Damages
After the improperly secured container box fell, our client was immediately in tremendous pain. The multi-thousand-pound box remained on top of his leg for about two minutes until it could be hoisted off. Plaintiff was forced to wait in agony for about an hour before an ambulance arrived. At the hospital, our client was diagnosed with comminuted fractures to his left tibia and fibula.   Plaintiff had no prior significant injuries. As a result of the accident, our client was left permanently disabled from construction work. He continues to experience severe left knee pain despite undergoing intensive physical therapy. After living a very active lifestyle, our client will only be able to earn a living through strictly sedentary work moving forward.

Settlement Amount
This matter settled for $1,243,000.

Handling Attorneys
This case was handled by Partners David L. Scher and Stephen J. Murphy.