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Hvac Duct Falls Striking Scaffold, Injured Asbestos Worker Wins $4 Million Settlement

An Ecuadorian asbestos and demolition worker was removing an air duct as part of asbestos removal project. During the demolition work, unexpectedly an HVAC duct fell, causing the scaffold he was standing on to shift. The worker lost his balance and fell 6 feet to the ground.


The worker injured his neck and back during the accident, and aggravated an older condition in his shoulder. He required surgeries to his back, neck and shoulder as a result of the accident. Oresky & Associates, PLLC. represented the worker in his lawsuit against the owner of the building and the general contractor in charge of the work site. The Oresky firm won judgment against the owner and general contractor. During jury selection, just before the trial would begin, Jacob Oresky, Esq., and his team of lawyers were able to settle the case in favor of the worker for $4,000,000.

The Defendants were found by the Court to have failed to provide the demolition worker with proper safety protection, including providing a scaffold without a guard rail. Under New York’s Labor Law #240, workers such as demolition workers and asbestos workers must be provided with proper safety equipment Workers performing construction, demolition, asbestos work, or related tasks on a scaffold such as a Baker’s scaffold should be provided with fall protection including a guard rail to ensure their safety. New York law holds the owners of buildings and general contractors engaged in construction absolutely liable if they fail to provide such safety equipment.

Contact Our Construction Accident Law Firm in Bronx, NY

At Oresky & Associates, PLLC. we treat each accident case with special care and focus. An asbestos or demolition worker who has fallen from a scaffold or ladder may be entitled to receive compensation for damages under the New York law. Our office has handled thousands of injury cases, including falls from ladders suffered by construction workers, and have obtained over $300 Million in compensation for accident victims.

If you need legal assistance, contact the Bronx construction accident lawyers at Oresky & Associates, PLLC at your nearest location to schedule a free consultation and find out your legal rights. We do not charge a legal fee unless we are successful.

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Our convenient office locations in the Bronx, Queens, and Manhattan are staffed with bilingual staff members who are prepared to help you recover money for your losses. We will handle everything involved with your personal injury case.

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