On December 1, 2012, Mr. Moreira was working on a jobsite in Piscataway, NJ when he fell
from his ladder. Mr. Moreira suffered numerous injuries including, torn rotator cuff, torn
triceps tendon, ruptured left Achilles tendon, and a fractured elbow. He had to undergo
multiple surgeries in an attempt to recovery from his extensive injuries. At the time of his fall
he worked for a G&K Ironworks, which was a subcontractor to the general contractor, JSM at
In Plaintiff’s complaint, he alleged that JSM failed to comply with Occupational Safety & Health
Administration (OSHA) regulations, which required the floor area of construction sites to be
kept clear of ice and snow. Plaintiff alleged that he was caused to fall due to the slippery
condition at the job site. Defense attorneys for JSM disputed the presence of any ice or snow by
presenting expert testimony from a meteorologist. The expert witness maintained that the
weather was too warm and too dry to permit ice to form on the construction site floor. The
Plaintiff’s lawyer countered that claim by having four witnesses testify to the conditions on the
day of the accident.
The trial took five days to complete in Essex County and the jury returned a verdict in favor of
the plaintiff on August 4 th of this year. The Defense attorneys plan to appeal the verdict despite
the four surgeries Mr. Moreira underwent and the presence of constant pain. While Mr.
Moreira has been able to return to construction work with a different company, he claims to
have some physical limitations.
In many cases, a person injured while working can often pursue two claims. An injured worker
can make a workmen’s compensation claim against his employer’s insurance carrier. That
insurance company is required to pay all authorized medical bills, lost wages and an award for
permanent injuries. In addition, as this case points out, many times an employee can also sue
another company for injuries sustained while working. In a claim against a company, other
then the employer, the injured person can also recover additional money for any unauthorized
medical bills, and future lost wages. The injured person is also entitled to an award of money
to fully compensate them for all their pain and suffering they have experienced from the day of
the accident, as well as a cash award for their permanent injuries. These type of law suits,
which are often called “third party claims”, can result in significant awards as was shown by the
award of 1.5 million in this case.
If you have suffered an injury at the workplace, call Druckman & Hernandez to see what we can
do for you. You may be entitled to a large cash settlement for your injuries . Do not settle for
speaking with a secretary or paralegal, talk with one of our attorneys 7 days a week at 908-353-