$1.85 Million Settlement for Asbestos Worker Disabled from Employment After Albany Scaffold Accident
Court and County
Plaintiff Age and Occupation
Our client, the plaintiff, was a 60-year-old asbestos abatement worker at the time of the accident.
Description of Case
Our client was working for a company that was hired by the general contractor to perform asbestos abatement work in a building on the campus of State University of New York at Albany. This case arose out of an accident that occurred while our client was in the course of his employment at the building. As part of his work, our client was required to use a pipe scaffold and wear a hazardous material suit and boots. The accident occurred while our client was performing work on a pipe scaffold. On the date of the accident, our client was descending the rungs on the side of the scaffold. The area was wet due to water that was being sprayed onto the ceiling in the work area as part of the asbestos abatement work. While our client was going down the scaffold he was caused to slip, lose his footing, and fall approximately six feet to the floor. Based on the facts of this case and applicable law, the plaintiff made claims that the defendants violated Labor Law sections 200, 240(1), and 241(6).
Injuries and Damages
As a result of the accident our client sustained multiple injuries. He suffered injuries to his ribs, neck, mid-back, and lower back. He suffered three cervical disc herniations at C4-5, C5-6, and C6-7, as well as one cervical disc bulge at C3-4 as a result of the accident. He underwent conservative treatment in the form of physical therapy, nerve branch block injections, and cervical epidural steroid injections. After failure of conservative treatment, the plaintiff underwent cervical fusion surgery at the C5-6 and C6-7 levels. He also suffered six fractured ribs, one lumbar herniation at L4-5, and one lumbar disc bulge at L5-S1 for which he underwent conservative treatment. Our client also suffered five herniated discs in his thoracic spine for which he treated conservatively with physical therapy and epidural injections.
Our client was not able to return to work because of the accident, due to ongoing pain and symptoms which rendered him disabled from employment. As a result of his being disabled from employment, we alleged a loss of income and loss in Social Security Retirement Income.
An expert physical medicine and rehabilitation specialist would have testified at trial that our client required future healthcare for the remainder of his life in the form of visits with a spine specialist, visits with a musculoskeletal/pain specialist, courses of physical therapy, medications, cervical and lumbar spine MRIs, cervical and lumbar spine X-rays, and possible future surgery. Plaintiff’s expert economist would have testified at trial as to the future cost of healthcare associated with this treatment over the course of Plaintiff’s lifetime.
This case settled after mediation for $1,850,000. At the time of the mediation, the case was scheduled for trial in Albany County Supreme Court.
This case was handled by firm Partners Daniel O’Toole and Frederick Aranki.
Skilled Litigation in Construction Accident Lawsuits
The personal injury attorneys at Block O’Toole & Murphy have obtained compensation for clients in construction accident cases across the entire state of New York. Select results include a $6,250,000 settlement for a worker who suffered complete quadriplegia after he fell at a work site in Putnam County, New York, and a $2,195,000 settlement for a worker who suffered spinal fractures, among other injuries, after he fell 10-12 feet at his work site in Orange County, New York.