Construction Worker Receives $2.8 Million for Injuries
A man who fell while working on a construction site has received a settlement of $2.8 million for his injuries. On July 26, 2011, 48-year-old Han Su Chin was applying stucco to the side of a building exterior three stories up on a construction site in Fort Lee, New Jersey. Chin was applying the stucco while sitting in a wood-and-rope bosun chair hanging in front of the building, which Chin had helped his employer make. Chin fell from the chair into an alley and severely fractured his right leg and ankle. As a result, Chin underwent two separate amputation procedures. In the end, his right leg was amputated, and he now wears a prosthetic and must use a cane to walk. Chin, a native of Korea, speaks limited English, and has been unable to return to construction work.
In his lawsuit for damages resulting from his extensive injuries, and for the cost of medical attention he incurred, Chin claimed that the building owner, Koryo Corp., and the construction project’s general contractor, Dong Y. Jo, failed to provide a safe working environment or safe equipment for himself and other employees. However, the defendants argued at trial that, since Chin had helped make the chair from which he fell, he was partially responsible for the fact that he fell. Chin’s attorney argued that the injury has made Chin basically unemployable, since he had practiced his trade for his professional life, was now unable to work in that field, and his limited English skills prevented him from easily finding alternate work. The defendants countered with an example of an incident occurring after the accident where Chin had received a finder’s fee for helping a friend find and purchase a car, arguing that Chin could possibly find employment doing that sort of work professionally.
Chin’s case was tried before a Bergen County jury. The jury concluded that, while the defendants were largely responsible for Chin’s condition, Chin was 30% responsible for his injuries since he had helped to create the defective bosun chair. Under New Jersey’s comparative negligence rules, if a plaintiff is less than 50% responsible for his injuries, he will still be able to recover from the more-responsible defendant, but his damages award will be reduced by the percentage he is deemed to be responsible for his injuries.
It can be difficult to conceptualize how large of a lump sum is necessary to live without being able to work, while also treating serious chronic injuries, for those who have never been faced with debilitating injury. $2.8 million may sound like a windfall, but when considering the average expenses incurred even when living frugally and the cost of medical care, making $2.8 million last for what could be another forty years of life could be a challenge.
If you’ve been injured on the job in New Jersey, contact Wayne personal injury attorneys Massood Law Group for a free consultation, at 973-696-1900.
