Construction Accident - Back Injury

The injury occurred when the plaintiff fell over a pipe covered with snow on the floor of an indoor construction site. As a result of this fall, plaintiff suffered a back injury, which prevented him from returning to his work as an iron worker.The 38 year old plaintiff was a union iron worker, who, along with his co-worker, was carrying a heavy iron stringer to a storage room at the construction site. During the course of discovery in the litigation it was proven that, in violation of his duty to provide a safe work site, the general contractor failed to remove debris from the floor the night before the incident occurred and then left the building open to the weather overnight, allowing snow to blow in.

Early the next morning, the Plaintiff stepped on the snow covered loose pipe which he could not have seen as he carried the iron stringer toward the storage room. As he stepped on the snow covered pipe, his foot rolled forward and he fell while carrying the heavy stringer, injuring his back.  Had the case gone to trial, plaintiff was prepared to present evidence that the general contractor knew or should have known that the worksite was unsafe in several ways due to failures by the general contractor to follow basic guidelines for work place safety.

The general contractor was required to inspect and monitor the work site to make sure that the walking surfaces were safe for workers on the site. The general contractor failed to do so. The general contractor was required to clear snow from the walking surfaces to make sure that any debris on the surfaces was cleared away and or could be seen by the workers using said surfaces.

The general contractor failed to do this as well. Finally, the general contractor failed to warn the workers using the walking surfaces of the danger associated with the general contractor’s failures as described above. Defendant contended that the plaintiff had a pre-existing back injury and that they were not responsible for his inability to return to his job as an ironworker. Mr. Gluck used expert medical testimony to establish that while plaintiff had some pre- accident back pain, he was able to work without limitation, in spite of the pain, because the back pain was caused by minor soft tissue irritation. Following the accident the pain was entirely different in its location and severity.

The case settled after a lengthy mediation, which took place approximately two weeks before the scheduled trial date.

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