Construction Safety Double Standard Leads to $19 Million for Quadriplegia

Anapol Schwartz has secured a $19 million settlement for Jay Hawthorne, a 27-year old ironworker who fell 14 feet and broke his neck, rendering him a quadriplegic. The fall occurred because the construction company at Mr. Hawthorne's jobsite rejected the advice of its long-time safety expert and permitted him, and other employees, to work without any safety equipment at heights up to 30 feet. Mark LeWinter, Esquire, a partner with Anapol, Schwartz, Weiss, Cohan, Feldman & Smalley, P.C., represented Mr. Hawthorne.

For Immediate Release

Media Contact: Gina Furia Rubel
Furia Rubel Communications, Inc.
Phone: (215)340-0480
Mobile: (215) 704-6090
Fax: (215) 340-0580
E-mail: gina@furiarubel.com

Law firm contact: Mark LeWinter, Esq.
215-735-1130
MLeWinter@AnapolSchwartz.com

Philadelphia (October 17, 2003) -- Anapol Schwartz has secured a $19 million settlement for Jay Hawthorne, a 27-year old ironworker who fell 14 feet and broke his neck, rendering him a quadriplegic. The fall occurred because the construction company at Mr. Hawthorne's jobsite rejected the advice of its long-time safety expert and permitted him, and other employees, to work without any safety equipment at heights up to 30 feet. Mark LeWinter, Esquire, a partner with Anapol, Schwartz, Weiss, Cohan, Feldman & Smalley, P.C., represented Mr. Hawthorne.

"Jay was never provided or required to use safety equipment because the construction company responsible for workplace safety rejected the advice of its own safety consultant of 20 years and ignored lessons learned from a similar prior accident," says LeWinter. As a result of the accident, Mr. Hawthorne cannot move his arms, legs, fingers and toes, cannot breathe without the assistance of a ventilator, and requires assistance for virtually every aspect of his life. "We made sure the company paid Jay fairly," says LeWinter, who estimates that the cost of Mr. Hawthorne's day-to-day care is at least $500,000 per year.

"Jay hopes his case will prevent similar future catastrophes," says LeWinter, who points out that, although OSHA requires fall protection at six feet for general construction workers, it does not require fall protection below 30 feet for ironworkers such as Jay Hawthorne. "This 'double standard' created by OSHA has been the subject of heavy industry scrutiny and criticism, and has been rejected by industry leaders. The emerging trend has been to require that all workers be safe at heights above 6 ft," adds LeWinter.

Anapol, Schwartz, Weiss, Cohan, Feldman and Smalley, P.C., (www.anapolschwartz.com) is headquartered in Center City Philadelphia. The firm has a national reputation for skilled legal representation of victims who suffer from serious and catastrophic injuries. The firm focuses on civil and complex personal injury and commercial litigation and handles class actions, pharmaceutical drug cases, and securities law throughout the country, all other cases in Pennsylvania and New Jersey.

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Photos available upon request.