A carpenter employed by a general contractor at a Massachusetts construction site was in the process of cleaning off the snow and ice from the scaffolding for a project. At that time, the scaffolding board gave way and the worker plunged through the opening.
The worker suffered serious personal injuries to his arm and shoulder in the fall. Following the accident, the worker was diagnosed with a brachial plexus injury that proved to be inoperable. The worker had undergone substantial physical and occupational therapy, but he nevertheless lost significant use of his arm. As a result of the job site injury, the worker will be unable to ever return to work as a carpenter.
The carpenter brought a lawsuit against the scaffolding subcontractor for negligence, based on the subcontractor’s failure to inspect the scaffolding boards for rot. The defendant subcontractor argued that the boards showed no visible signs of rotting, and that the plaintiff worker should be able to obtain light or sedentary duty to offset any potential future lost earning capacity.
After a full day of mediation, the parties settled the personal injury lawsuit for $775,000.
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