Construction Accident - Back Injury

Back injury
Amount of Recovery
Plaintiff's Lawyer
Ronald E. Gluck
Special Damages
Medical Expenses: Approx. $35,000.00
Lost Earnings: $50,000.00
Details of the Case

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.

Choosing a Massachusetts Premises Liability Lawyer Premises liability cases are often complex and difficult, and may take a long time to resolve. It is important to choose an attorney carefully. Find out more about Massachusetts premises liability cases which the attorneys at our firm handle on our page on Personal Injury Caused by Premises Liability.

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Client Reviews
David really cared about me as an individual…and he really cared about seeking the justice that needed to be sought in the case. Peter
Ron got the insurance company to settle for the maximum on the policy. And so as a result of that, my son went back to school. Jeff
Marc just guided us through the whole process. He told us exactly what would happen and how we needed to go about doing everything. Jesenia
I would recommend David…The outcome of my case, I was very pleased with it. I hope I don't have another accident, but if I do we'll be back to see David. Paul
Ron was excellent. He was on top of everything. He answered every question. John
Marc was extremely professional. I felt very confident that he knew exactly what he was doing. This is his area of practice and I had total confidence in him and I actually have recommended him to other people who have been in accidents. Josh