LCR Personal Injury attorneys Timothy E. Dinan and Meghan L. Steingall obtained a $2,500,000 settlement for a client who suffered severe and permanent injuries in a work-related accident when he fell approximately 45 feet off a Somerset County commercial building’s roof. LCR filed suit against Plaintiff’s employer, the general contractor and the commercial property owner.
On October 18, 2015, the LCR client was working near the edge of Defendant’s roof. He was not wearing a harness and there were no fall prevention systems in place to keep him from falling. He fell approximately 45 feet to the ground.
Through discovery, LCR attorneys found a number of serious ongoing safety violations by the employer, GC and property owner, including an anonymous telephone complaint to OSHA just four days prior to the fall. The caller detailed employees working on Defendant’s flat roof without the use of a guardrail system or safety line and monitor system. Additionally, it was discovered that the entire project was a rush due to the property owner’s need to keep the facility operational. Plaintiff worked seven days a week, sun up to sun down. At times a partial warning line was used on the roof, but often not moved from the lower roof to the upper because they were rushed. The GC testified that he was on the worksite every day and was ultimately responsible for worksite safety. Defendant’s employer, GC and property owner were deposed and could not defend their actions.
As a result of the fall, Plaintiff injured his pelvis, shoulder, and back, including burst fractures in the lumbar spine. He underwent multiple surgeries, including two separate spinal surgeries and a left shoulder repair. Surgeries were followed by extensive physical therapy. Plaintiff’s ongoing chronic pain has left him unable to return to work as a roofer.