Worker Injured in Scaffolding Accident Receives $7.6 Million Award

A 53-year-old construction worker who suffered major head and back injuries after he fell off a scaffold at a Garden City J.C. Penney, has been awarded $7.6 million by a Manhattan jury. According to a report in the New York Daily News, the worker was removing asbestos when he lost his balance and fell head-first to the ground 10 feet below. The victim who is a Colombian immigrant was not wearing a safety harness at the time and suffered brain and spinal cord injuries.
His lawsuit alleged that the worksite was unsafe and that the scaffolding was unstable. After the two-week trial, jurors awarded the worker $6.1 million for past and future pain and suffering and lost earnings. His wife was awarded $1.49 million for loss of services. There were three defendants in this case – J.C. Penney, the property owner and a contractor.

Construction Accidents and Immigrant Workers
According to a recent report released by the Center for Popular Democracy, a majority of construction accident victims in New York State are Latinos and/or immigrant workers. In an eight-year overview of OSHA investigations done between 2003 to 2011, researchers found that punitive measures against safety violators in the construction industry are so inadequate that many construction companies choose not to follow through on safety measures.
Although Latino or immigrant workers comprise 34 percent of all construction workers in New York State, they account for 60 percent of all OSHA-investigated “fall from an elevation” fatalities statewide. That number climbs up to 74 percent in New York City, 88 percent in Queens and 87 percent in Brooklyn.
Protecting Victims’ Rights
Injured workers, regardless of their immigration status, have the right to seek compensation for injuries they have suffered due to unsafe working conditions. In such cases, injured workers can seek workers’ compensation benefits from their employers requesting damages for medical expenses and lost wages.
In addition, workers may be able to file a third-party claim against entities other than employers whose negligence may have caused or contributed to the incident, for many types of significant money damages. Examples of third parties include, but are not limited to, general contractors, sub-contractors, property managers and/or owners, elevator maintenance companies, manufacturers of defective products, etc.
If you or a loved one has been injured in a construction accident, the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options. Our law firm recovered $3,375,576 for a construction worker (an undocumented immigrant) who was injured on the job – one of the highest construction case settlements in New York in 2010.
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury cases in New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
Other TOLL FREE phone numbers for us are:
1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
Please visit us at: www.WORK4YOULAW.com
Source: New York Daily News