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Injured NY worker secures $2.5 million settlement

Posted on Oct 25, 2009

A mason who was injured on-the-job after falling off of a 20-foot high retaining wall has been awarded a $2,500,000 settlement. The man, a non-union mason, was working at Package Pavement when the accident occurred.

The mason, Michal Cimbalak, was working on the retaining wall in order to build a foundation for a piece of equipment that was to be installed at Package Pavement. He was working on his final pour when he slipped while standing on a brace.

As a result of falling from such a high level, Mr. Cimbalak suffered a variety of serious injuries. His injuries included a herniated disc, a torn ligament and a skull fracture. Cimbalak had to undergo cranial surgery and arthroscopic knee surgery.

Mr. Cimbalak was unable to return to work after the accident as he was left with a traumatic brain injury, aphasia, various cognitive disorders and a seizure disorder. He is receiving ongoing care at the NYU Epilepsy Center and the Rusk Institute.

The injured mason brought a lawsuit against the Package Pavement Company claiming that they had committed labor law violations when they failed to provide him with the proper protective equipment.

Despite the serious nature of his injuries, his employer claimed that he was okay to return to work. The case was settled for $2.5 million not long after a jury was selected.