Attorneys John M. Dodig and Jason A. Daria secured a settlement of $3.15 million on behalf of an injured construction worker. On July 10, 2009, Dodig and Daria’s client was employed as an industrial bridge painter. He was climbing a ladder to access an elevated plank or platform, called a “pick,” and as he was stepping from the ladder to the pick he fell approximately 25-30 feet to the ground. Dodig and Daria filed suit against the general contractor on the work site, which was responsible under OSHA regulations, contract documents, and its own safety policies, for job site safety, including the safety of subcontractor employees and compliance with OSHA requirements. Despite this, the general contractor did not conduct required safety inspections, did not ensure the use of fall protection, and did not ensure the use of safe equipment, including OSHA-compliant ladders. The defendant claimed that it was not liable and blamed the plaintiff for his contributory comparative negligence.
As a result of the fall, the plaintiff suffered multiple orthopedic injuries, including pelvic fractures. This single father of two minor children was unable to return to his previous employment and suffered a loss of past and future earnings. This recovery will assist him in paying the costs of anticipated future medical care.