Cash Settlement For Worker Falling Off Ladder

Settlement reached after prior $650,000 mediation settlement expired. After Mark Freeley won summary judgment on liability prior to trial, the firm was able to settle a case for cash for a Manhattan security system installer who fell off a ladder while on the job. The worker sustained back injuries requiring spinal fusion surgery. Defendant alleged that the accident never happened, since there were no witnesses, and the plaintiff did not come forward with an injury claim until a few days after the incident. They claimed his back condition was pre-existing. Another major point of contention in the case involved questions about who had provided the worker the ladder, and therefore who was responsible for any limitations in the equipment that may have contributed to the fall. The case settled for $650,000 at mediation but was subject to the insurance carrier’s approval. When the carrier refused, the settlement expired. The defendant’s liability was upheld on appeal and the case demand was raised to $1.5 million. In addition to the cash settlement of $1,000,000, the defendant won the waiver of a $110,000 worker’s compensation lien. The case was settled after opening statements at trial.