Cement Mason Recovers Favorable Settlement After Scaffold Rail Collapses ($1.9 Million)
A Local 502 Union Cement Mason recovered $1.9 million after suffering fractures to his shoulder and vertebrae in his back resulting from a work related injury.
The Cement Mason was involved in the erection of a building when a scaffold rail that he leaned against collapsed, causing him to fall approximately 20 feet.
The defendant, Gateway Concrete Systems, argued that the scaffold was in compliance with OSHA codes and blamed the injury on the Cement Mason and his employer for working in high wind conditions. The defendant also took secretive video surveillance of the Cement Mason and argued that he had a great recovery.
However, attorneys at Horwitz, Horwitz & Associates demonstrated that the scaffold rail was defective – the wind did not cause the accident. In addition, the video surveillance taken by the defendant did not show the plaintiff violating any doctor’s restrictions.