Construction Site Fall — Labor Law § 240(1)

For a construction safety inspector who fell approximately six feet through an unsecured piece of plywood formwork that had been left in a temporary walkway at a New York City subway station construction site.

Our client was photographing a fall-protection hazard when he stepped back onto the loose plank, which gave way and dropped him through an opening in the platform structure. He sustained permanent injuries to his spine, shoulders and knees requiring nine surgeries and was found totally and permanently disabled. The owner and general contractor litigated the case for more than eleven years, arguing that the injuries were degenerative and pre-existing, that our client could return to work, and that he was the sole proximate cause of the accident because he was in an area where he should not have been. The firm rejected each defense and prepared the case for trial under Labor Law §§ 240(1), 241(6) and 200. Settlement obtained by Kostantinos "Gus" Mallas.

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