Workplace and Construction Accidents
Fall Into River
A 42 year old male employee of the New York State Canal System was repairing canal floodgates over the Mohawk River. The employee had not been provided with a safety harness to wear while working over the river.
The employee fell from the floodgate into the river, which was swollen with spring rain and icy cold. The employee was washed downstream until he reached a shallow area where he could walk out of the river. Liability under Section 240 of the New York State Labor Law was established and the case was tried in the Court of Claims on the issue of damages alone. The employee, who had dislocated both of his shoulders when he landed in the river, had a successful recovery and was able to return to work. The Court of Claims awarded the employee a total of $504,000 in damages, including $250,000 for his fear of dying while being washed down the river.
Fall From Ladder
A 32 year old male employee of a fabrication firm was using a 20 foot ladder to perform interior renovations of a warehouse. The employee, who was working alone on the ladder, was not provided with adequate safety equipment to stabilize the ladder or to prevent falls. The base of the ladder kicked out and the worker fell 20 feet to a concrete floor, sustaining fractures to both heels. The employee was out of work for a substantial period of time, as the fractures caused severe interruption of the ankle joint.
The injuries made it very painful for the employee to walk even after the fractures had healed. While out of work recovering, the employee attended school and earned a degree in the construction field. After returning to work, the employee was elevated to the position of foreman. In this new position, the employee received a greater regular income while performing less manual labor than previously required.
Liability was established under Section 240 of the New York State Labor Law and the case was tried on the issue of damages only. After 2 weeks of trial, which included expert testimony on the prognosis of future arthritic changes and the future economic impact of employee's present injuries, the jury returned a verdict of $880,000.