A manual labor injury lawyer must be familiar with workman’s significant exposure to bodily injury.
Laborers use physical force to lift and move objects of various weights and dimensions. A single mis-step can cause muscle tares or a slipped disk in the back.
In addition, manual laborers are exposed to potential injury by malfunction of equipment or machinery.
In Luis Manuel Ramirez v. City of New York, a worker sued for seriously bodily injury sustained when he fell off a fork lift truck.
The heavy duty vehicle functioned similar to a small cherry picker. The workman stood in a bucket while the fork lift operator elevated him to the height necessary for performance of his work.
Mr. Ramirez’s fall from the work bucket resulted in serious injury to his head and neck.
These manual labor injuries required the attention of a spine surgeon and orthopedist, as well as a vocational rehabilitation specialist.
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The Plaintiff acknowledged a pre-existing injury to the same area of his body. However under New York State law, a negligent defendant can be held liable for exacerbation of pre-existing medical conditions.
Pursuant to NY Labor Law § 240, the court granted summary judgment in Mr. Ramirez’s favor, finding the City of New York liable for the manual labor injury sustained by the worker.
After this favorable court ruling, a settlement was negotiated providing for a total settlement payment of $7,250,000.
Large settlements of this kind are generally intended to cover past and future medical expenses and lost wages. In addition, the settlements factor in allowable compensation for physical pain and mental anguish.
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