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New York Asbestos Removal Worker’s Fall From a Moving Scaffold Entitled Him to Win His Construction Accident Case

Construction accidents can happen for a variety of reasons. Sometimes they happen due to unexpected events or forces, sometimes they happen due to corners being cut when it comes to safety, and sometimes they happen due to peculiar events. Regardless of how your construction accident happened, if you’ve been hurt, you should talk to an experienced New York construction accident attorney about your situation because you may have a case for compensation.

A famous series of children’s book bears the title A Series of Unfortunate Events. The construction accident case involving a worker named Byung Choon was a set of facts that sounded much like this title. Byung Choon was assigned to a job doing asbestos removal at a state-owned building in Albany. At one point, while Byung Choon was performing his job, his supervisor and another worker attempted to move Byung Choon’s mobile scaffold with him still standing on it.

That process apparently worked until the men encountered a hose or electrical cord. At that point, the men tried to pick up the scaffold. That might have worked, but one of the scaffold’s wheels was missing a pin. The wheel with the missing pin fell off, which caused the scaffold to tip and Byung Choon to fall. The six-foot fall to the ground left the worker with injuries to his shoulder, neck, back, and wrist.

The worker was successful in his case. Byung Choon’s success is an important reminder of what you do, and don’t, have to prove in order to succeed in a “Scaffold Law” case. Byung Choon had proof that he fell “from a height of six feet to the ground due to a defective and improperly placed scaffold while performing” a task that was covered by the law. He also had proof that he lost consciousness and was transported to an emergency room by ambulance and that, at the hospital, he complained of substantial neck and right arm pain.

This proof established that the worker’s accident was gravity-related, that it was a result of a defective scaffold, that Byung Choon was doing work covered by Section 240(1) of the Labor Law, and that the accident inflicted injuries. These were the main assertions that Byung Choon made, which he needed to make to establish that he had a case.

The defense, in opposition, asserted several arguments that attempted to contradict the worker’s evidence related to the severity of his injuries. Those defense arguments did not allow the defendants to avoid liability because they did not refute any of the essential elements of Byung Choon’s assertions.

Another thing that is important in putting together a successful case is presenting eyewitness testimony, including your own, that is readily believable. In Byung Choon’s case, he testified, his supervisor testified, and the other man who had moved the scaffold testified. The supervisor and co-worker gave very detailed and specific testimony describing the accident. Their testimony was very consistent with the details that Byung Choon gave describing the specifics of the accident, and that consistency helped to make all three men’s testimony more credible.

The knowledgeable Queens scaffolding accident attorneys at Newman, Anzalone & Newman have been representing injured workers hurt on construction jobs for many years. We pride ourselves on providing our clients with determined advocacy and personalized attention. To schedule a free consultation with one of our qualified attorneys, contact us toll-free at 877-754-3099 or through our website.

More Blog Posts:

New York Appellate Division Upholds Trial Court Ruling in Favor of Injured Electrician, New York Personal Injury Lawyers Blog, Feb. 6, 2017

Appellate Division Allows New York Construction Worker to Proceed with Case Arising from an Improperly Adjusted Scaffold, New York Personal Injury Lawyers Blog, Sept. 27, 2017

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