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Non-Union Mason Worker Awarded Settlement for Job Related Injuries By Christine Cristiano Thanks to good legal representation, Michal Cimbalak, a non-union mason worker, has been awarded $2,500,000 for injuries he received on the job while working for Package Pavement Co. Inc. Cimbalak retained the services of the Manhattan legal firm of Lurie, Llchert, MacDonnell and Ryan, LLP, who specialize in the cases related to injuries acquired on the job.
10/23/09 According to Lurie partner, George W. Llchert, Esq., ‘’Michal Cimbalak testified that he was working on a 20-foot retaining wall and building a foundation for a piece of equipment that Package Pavement was installing when he slipped and fell to the ground as he stood on a brace and poured the final pour. Mr. Cimbalak sued the company that owned and controlled the property, Package Pavement Co. Inc., claiming labor law violations, in failing to provide him with protective equipment while he worked at a height. [He] claim[ed] that Package Pavement was aware of the danger.’’ Llchert added that Cimbalak sustained various injuries from the accident including a herniated disc, a torn ligament and skull fracture that resulted in a brain injury, cognitive dysfunction, aphasia, and seizures. Subsequently, Cimbalak has undergone cranial surgery and arthroscopic knee surgery, and is under the medical care of the NYU Epilepsy and the Rusk Institute. He has not been able to return to work after the accident.
According to Llchert, ‘’Package Pavement maintained that although Cimbalak had sustained a serious injury, he had recovered well and was able to work. They claimed that his seizures were controlled by medication, and that his knee and back injuries were pre-existing.’’ Lurie, Llchert, Mac Donnell and Ryan, LLP attorney Robert R. MacDonnell and his legal team had Cimbalak examined by six medical experts, and all opposed the claims made by Package Pavement. Llchert is very pleased with the outcome of the case, and commented that ‘’as a result, the case was settled following jury selection and Mr. Cimbalak and his family were awarded $2,500,000. We are pleased that justice was served.’’ The law firm of Lurie, Llchert, Mac Donell and Ryan, LLP has been in the business for over 50 years and is located in New York City. The firm specializes in personal injury and includes five personal injury attorneys, 10 assistants and a team of investigators, secretaries and interpreters.
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