Contrary to city codes, no safety fencing was in place when an 8-year-old Lawrence boy was injured in an Aug. 13 fall at New York Elementary. It has since been installed.

Some medical and living expenses will be paid to an 8-year-old boy who was injured after wandering onto a construction site at New York Elementary School.

A settlement agreement approved by a Douglas County district judge Friday morning stipulated the expenses will be paid by Combes Construction, of Bucyrus, which was in charge of the site. However, a specific dollar amount for the settlement was not made public.

On Nov. 8, the Trust Company of Lawrence filed a civil petition on behalf of Max McGill, who suffered collapsed lungs and broken bones after a 350-pound gate fell on top of him in August 2015 at the site, 936 New York St.

McGill entered the construction site while under a babysitter’s supervision, police said.

The civil petition listed Combes Construction alongside the Lawrence school district and the legal guardians of the babysitter, who is a minor.

Representatives of the Trust Company, Combes Construction, and McGill’s father, agreed that the terms of the settlement would be confidential and a specific dollar amount was not discussed in court.

The civil petition stated McGill’s medical expenses and suffering exceeded $75,000.

In court, McGill’s father, Joe McGill, said his son has mostly recovered from his injuries, though he does suffer from infrequent headaches brought on by bright lights.

Brian White, the attorney representing Combes Construction, asked Joe McGill to acknowledge the settlement does not admit liability on the company’s part. Only the construction company contributed financially to the settlement, though the agreement releases all parties from further liability.

Similarly, Michael Davies, an attorney representing the Trust Company, asked Joe McGill to acknowledge some of the money from the settlement will be used to pay Medicaid bills and other expenses incurred since Max McGill was injured.

Another portion of the money, however, will be given to Joe McGill to help with his son’s living expenses and to pay for other things like sports equipment, Davies said.

Joe McGill said he understood the terms and asked Douglas County District Court Judge Kay Huff to approve the agreement.

Huff approved the agreement and said she was pleased to hear Max McGill was in better health.

Construction at New York Elementary has since finished. The work was a part of a $92.5 million bond issue involving the renovation of 20 schools and the building of the College and Career Center.

After Max McGill was injured the federal Occupational Safety and Health Administration sent an inspector to the site to check for potential safety issues.

According to OSHA’s website, the case was listed as closed in October 2015. However, the results of the inspection are not available online and an OSHA representative has not returned calls seeking a copy of the report.

Representatives from the school district did not respond Friday to requests for comment.