Facts: An 36 y.o. illegal immigrant conducted different repair works in a private house. When he was repairing the roof he slipped and fell to the ground.
Injuries and consequences: Fracture of both hands, spine injury (3 herniated discs) which required surgery and a compressed nerve in the right hand with partial numbness of it.
Arguments of the defendant: The plaintiff worked as an independent contractor who must have his own insurance, therefore the landlord is not liable for his injuries. The plaintiff fell down due to his own negligence at work. The landlord is not responsible for this fall. Since the plaintiff did not have a work permit, he could not have been entitled to workers’ disability compensation.
Our arguments: The plaintiff worked for a long period of time for the owner of the house under his command and supervision. He received a regular salary, rather than payments for completed work. Therefore the plaintiff was not an independent contractor, but a hired worker. Because of that, the owner of the house as an employer had to purchase worker compensation insurance. Since he did not do that, he is fully financially responsible for the employee’s injuries, regardless of the degree of his guilt in this accident. (Labor Law). Despite that the plaintiff was in the country illegally, he paid taxes, therefore his future financial losses for inability to work should be included in the total compensation. Our expert neuropathologist confirmed that the plaintiff has a carpal tunnel syndrome of the right hand and that surgery is necessary for treatment. Our expert economist estimated that further treatment of the plaintiff until his full recovery, including the surgery, will cost $240,000. Disability losses during the treatment will be $180,000. We requested $800,000 for the pain and suffering of the plaintiff.
Result: By mutual agreement, the case was closed when the check for $940,000 was transferred to the plaintiff.
