We were able to settle a case for our client in the amount of $1,060,000 and we forced the defendants to pay $60,000 above their $1,000,000 policy. Our client fell from a scaffold on the side of a building while he was working.
New York Personal Injury Lawyer Secures Settlement Above Insurance Limit for Injured Construction Worker
New York personal injury lawyer Kenneth A. Wilhelm secured a $1,060,000 settlement on a $1,000,000 insurance policy for a construction worker who suffered significant neck and back injuries after falling from a scaffold (Case No. 311205/11, Bronx Supreme Court).
New York, N.Y. Nov. 17, 2016 – New York personal injury lawyer Kenneth A. Wilhelm recently settled a construction accident case on behalf of an injured worker for $1,060,000, $60,000 above the defendant’s $1,000,000 insurance policy. The personal injury lawsuit (Case No. 311205/11) was filed in Bronx Supreme Court on behalf of the plaintiff and his wife against the building owner.
According to court documents, the man was working on a scaffold at the time of the incident wearing a harness and rope that was secured. It was then that the scaffold collapsed, causing the worker to fall and hit the side of the building. Court documents show that he suffered a number of neck and back injuries.
Wilhelm stated that he is not only pleased with this settlement, but also especially proud of it due to its unusual nature.
“In this case, other top personal injury lawyers in the state told me that I would never get more than the $1,000,000 policy limit,” he said. “But, I forced the defendants to pay $60,000 more than that.”
Wilhelm said he received a message from one of the leading attorneys in the state commending him for the settlement.
“He mentioned in the letter that he takes his hat off to me for this accomplishment,” he said. “This settlement is so pleasing to me because getting money over and above the liability insurance limit in such cases is almost unheard of.”
Section 240 of the New York Labor Laws, which is commonly known as the “Scaffolding Law,” is the statute that governs the use of scaffolding in work sites. This law exists for the protection of construction workers and laborers who work on scaffolds. It requires contractors, property owners and managing agents, who erect, demolish, repair, alter, paint or clean a structure to be responsible for providing the necessary equipment, including scaffolding, to keep workers safe from falls on the job.
This law also recognizes that falls are one of the most common causes of workplace injuries and that they are preventable. Workers are also required to be provided with fall safety devices when they are at a job site such as harnesses, safety nets, toe boards guardrails, etc. Scaffolds and worksites should be free of slip-and-fall or trip-and-fall hazards that might cause these major injury accidents.
Wilhelm said he did not want to settle for less because of the serious nature of the client’s injuries.
“He absolutely deserved that money and as for the defendant, it was the right thing to do,” he said. “I felt good about forcing them to pay the additional amount.”
Contacting the Law Offices of Kenneth A. Wilhelm
The Law Offices of Kenneth A. Wilhelm
445 Park Ave, 9th Floor
New York, NY 10022