A construction worker who suffered serious injuries after being hit by falling concrete has agreed to settle his personal injury claims for $2.3 million.
The plaintiff was represented by William A. Bock of Gill & Chamas, LLC in Woodbridge, NJ. The facts underlying the case when plaintiff Mr. M was working on a construction project in Florham Park. As he worked he was struck by a piece of falling concrete and suffered neck, hand and back injuries.
The plaintiff sued the project’s general contractor and property owners, and a development corporation. The lawsuit alleged that the defendants were negligent in failing to provide a safe workplace.
At the time of the accident, Mr. M was part of a crew removing concrete forms from an elevator shaft. He was on a ladder approximately 16 feet off the ground, using a hammer to strike keys to loosen the concrete forms. There were employees working directly above where Mr. M was working. The employees were detaching the concrete forms from the concrete and allowing them to fall to the ground. One of the forms that was detached above Mr. M was allowed to fall and strike his left hand and then head, causing him to sustain serious injuries.
The suit claimed that they failed to implement adequate safety measures, in violation of Occupational Safety and Health Administration (OSHA) standards and its own safety program. Additionally, the defendant failed to plan, monitor or ensure that the stripping of forms was done in a safe way so as to eliminate the hazard of being struck by falling objects. The unsafe work practices, including allowing forms to fall freely, directly led to Mr. M’s injuries, his counsel contended.
Following the accident, Mr. M. was admitted to a hospital. He was diagnosed with open comminuted fractures of the left middle and ring finger metacarpal shafts, of his nondominant arm, left triangular fibrocartilage complex tear and ulnar abutment syndrome of his left wrist. He was ultimately diagnosed with herniations at cervical and lumbar intervertebral discs C4-5 and L5-S1. He also underwent an open reduction and internal fixation of his left wrist. He was put on a course of physical therapy and received multiple epidural injections to his cervical and lumbar spine.
Despite the extensive treatment, Mr. M’s neck and back only minimally improved, and it was determined that he required surgery. During two separate procedures, the plaintiff underwent a fusion and discectomy at C4-5 and a fusion and discectomy at L5-S1.
The case settled in the fall of 2024.
