$7 Million Settlement for a Worker Injured After Falling from an Unguarded Scaffold in Westchester County

Supreme Court, New York County

Accident Description:

At the time of the incident, our client was performing masonry work at a construction site located in Westchester County, New York, where multiple residential buildings were under construction. He had been working at the site for approximately four months. On the day of the accident, our client was positioned on a scaffold approximately 15–18 feet above ground level, transporting wooden planks to the third floor as part of his assigned duties.

While standing on the scaffold, our client stepped onto a plank that was not properly secured. The plank suddenly shifted and separated beneath him, causing both the plank and our client to fall to the ground below. The scaffold was not equipped with guardrails, and although safety harnesses were present at the site, they lacked required lanyards, leaving workers without proper fall protection. As a result, our client fell from a significant height and sustained severe injuries.

Following the incident, the scaffold was inspected and tagged for safety violations, including improper construction and the absence of required guardrails. Emergency medical services responded to the scene, and our client was transported for immediate medical treatment.

Injury Summary:

As a result of the scaffold fall, our client sustained injuries to his spine and torso, including T11–T12 fractures, fractured ribs, and spinal epidural hematoma, requiring emergency spinal surgery and multilevel fusion. He later developed complications, including deep vein thrombosis and chronic radiculopathy. He also suffered a complete rotator cuff tear, which required surgical repair, along with ongoing cervical and lumbar spine injuries. His treatment included multiple surgeries, prolonged hospitalization, inpatient rehabilitation, extensive physical therapy, pain management injections, and radiofrequency ablation.

Settlement Result:

We at Oresky & Associates, PLLC, were able to secure a $7,000,000 settlement to address our client’s extensive medical treatment and the impact this preventable scaffold failure has had on his life.

Handling Attorneys:

This case was handled by Jacob Oresky, Esq., and Steven Labell, Esq.