Dwayne Schultz was working as a carpenter’s assistant for a subcontractor on a home construction project for the general contractor, Atlas Homes LLC. Schultz, who was 52 at the time, was framing the home on the second floor when he stepped backward to pull up a compressor hose and fell approximately 20 feet off the side of the building. He suffered thoracic and lumbar spinal fractures and four fractured ribs.
As a result of the injuries he suffered, Schultz underwent open reduction internal fixation surgery, which included a 3-level spinal fusion. Schultz continues to experience pain and discomfort and has difficulty standing, walking, or sitting for extended periods of time. His medical expenses were $177,000.
He sued Atlas Homes and its owner, alleging they chose not to comply with OSHA standards by providing fall protection and temporary railings at the work site. The lawsuit did not claim lost income.