$2,900,000 Settlement for Severe Foot Injuries, Including Calcaneus Fracture, After Work Site Fall

In a New York case, an HVAC worker suffered severe foot injuries, including a non-unified fracture of calcaneus, after falling from a ladder on the job. As a result of his injuries, he required ankle fusion surgery and was told he could not return to manual labor again. Represented by lawyers at Block O'Toole & Murphy, he received a $2.9 million settlement.

Court and County
Supreme Kings

Description of Plaintiff
51-year-old HVAC worker; Spanish speaker, originally from Honduras

Case Details
Our client was working on the 23rd floor of a building to remove old HVAC ducts from along the approximately 9-foot ceiling. It was his first day on the construction site and his supervisor was not present. The time was about 7:30AM and our client was provided with a 6-foot A-frame ladder. It was his first time using this ladder, and there were no scaffolds, harnesses or other safety equipment on site.

Metal clamps were holding the old HVAC units in place, and our client began to knock them loose with a hammer and pull on the old duct with both hands to try and shake it loose. At this point, he was on the 3rd or 4th ladder rung from the top. There was nobody holding the ladder and it soon tipped over, sending our client crashing to the ground. It was later determined that there should have been a genie lift or a duct lift in place and that the ladder should have been secured while our client was on it.

A coworker took him to Mount Sinai ER, where he was diagnosed with a calcaneus fracture in his right foot. The injury was casted, and he was informed by his doctor that he may soon need another surgery. He was sent home with Ibuprofen and Percocet and prescriptions for both. Initially, our client did not go to his follow-up appointment because he had no insurance or money; he was also unaware of workers compensation.

Ultimately it was determined that a worker does not need to be hit by a falling object for New York Labor Law 240, also known as the Scaffold Law, to apply. One just has to be injured by a gravity related hazard that would have been avoided with a proper safety device.

If you suffered foot or other severe injuries after an accident, it's important to understand your legal rights. Receive a free case review with a personal injury attorney at Block O'Toole & Murphy by dialing 212-736-5300 or contacting us online.

Injuries/Damages
A CT scan of our client's injured right foot showed a variety of injuries:

  • Extensively comminuted non-unified fracture of calcaneus with numerous displaced fragments
  • Entire subtalar joint is disrupted with fracture lines extending into anterior, mid and posterior talo-calcaneal joint spaces
  • Fractures of distal tibia and fibula with persistent deformities
  • Associated post-traumatic degenerative change at talo-navicular joint and anterior margin of distal tibio-fibular syndemosis
  • Plantar calcaneal spur
  • Atrophy of the lower extremity musculature on the right
  • Neuroma in the 3rd web space
  • Persistent swelling of the foot, especially in the sinus tarsi
  • Very limited hind foot range of motion

To help treat these injuries, our client required ankle fusion surgery. He was told that he would never walk the same way again and would not be able to return to manual labor.

Settlement Amount
This case settled on the eve of trial for $2,900,000.

Handling Attorneys
This matter was handled by Partners Daniel O'Toole and Scott Occhiogrosso.

Compensation for Fractured Foot and Other Serious Injuries After an Accident

The lawyers at Block O'Toole & Murphy are experienced in litigating injury lawsuits and have attained top results for clients who suffered severe foot and ankle injuries as a result of another party's negligence.

Notable results in fractured foot cases include:

  • $4,995,000 recovery in a Bronx case for a laborer who sustained a fractured foot requiring open reduction and internal fixation surgery
  • $3,300,000 settlement in a Westchester County case for a union worker who suffered a bimalleolar ankle fracture and foot fractures after an on-the-job accident
  • $2,750,000 settlement for a 57-year-old mother of two who suffered a fractured foot among injuries after she was hit by a van while crossing the street in Manhattan

To date, Block O'Toole & Murphy has recovered over $1 billion for clients in personal injury cases. To learn more about our verdicts and settlements, visit our main Case Results page. We serve the states of New York and New Jersey.