Construction Worker Fall - Unsafe Scaffolding

Case Background

Our client, an experienced construction worker with 15 years in the trade, was working on scaffolding at a commercial construction site when the platform gave way. He fell 35 feet, suffering a severe spinal cord injury that left him partially paralyzed. Investigation revealed the scaffolding had not been properly inspected and was missing critical safety components.

Challenges We Overcame

• Workers' compensation exclusive remedy issues
• Multiple subcontractors involved in scaffolding setup
• OSHA violations needed to be proven
• Client's pre-existing back condition was used by defense

Our Legal Strategy

We pursued third-party claims against the scaffolding subcontractor and equipment rental company, bypassing the workers' comp exclusive remedy. We obtained OSHA investigation records showing multiple safety violations. Expert testimony established the scaffolding failure was entirely preventable.

The Outcome

We negotiated a $4.7 million settlement on the eve of trial. This was in addition to workers' compensation benefits our client continued to receive. The settlement ensures our client and his family have financial security despite his permanent disability.