$950,000 Settlement for Construction Accident / Failure to Provide Safety Equipment

Blume Donnelly partner David M. Fried represented an ironworker who was elevated on the iron approximately 20 feet above ground at a construction site. He had been lifted onto the iron in a man lift and he then had to walk across joists to get to the area where he was to perform his work.

In violation of OSHA regulations, he was not furnished with equipment to “tie off,” to secure himself in the event of a fall. He fell and suffered a fractured vertebrae at L2 and a herniated disc, for which he required surgery. He was prescribed steroids post operatively. Over 3 years after the steroid treatment, he developed avascular necrosis of his hip, necessitating a hip replacement. He was out of work in total for approximately 14 months. The defense challenged the causal connection between the accident and the hip necrosis, since there was a 3 year delay in the onset of the necrosis subsequent to the steroid treatment. Despite this causation issue, Mr. Fried was able to settle this case for $950,000.