A Jury Listened — And Delivered Justice for an Injured Worker

$2.3 Million Verdict | Ulster County Supreme Court

At New York Injury Law, LLP, we represent people who do the hard, often dangerous work that keeps our communities running. Recently, a jury in Ulster County Supreme Court reminded us why that work matters — and why accountability matters even more.

After a five-day trial, a jury returned a $2,343,000 verdict in favor of a 60-year-old worker who was seriously injured while performing a job he never should have been asked to do under unsafe conditions.

The Incident: A Dangerous Job, Poorly Planned

Our client was delivering a mobile diagnostic unit to Bassett Medical Center in Cooperstown, New York, part of Bassett Health Network. While on site late at night, in cold and dark conditions, he was instructed to access a high-voltage electrical unit.

To do so, Bassett provided him with an A-frame ladder and directed him to transition from that ladder onto a three-foot retaining wall — an inherently dangerous maneuver.

No one from Bassett Health Network took the time to clear snow, slush, or ice from the area. As our client was transitioning between the ladder and the wall — approximately three and a half feet off the ground — he slipped.

He fell hard.

He was alone.

It was dark.

It was cold.

And no one was there to help.

The Injuries: Pain That Would Not Go Away

Initially, our client believed the pain would improve with time. From the cab of his truck, he called his employer to report the fall and tried to finish the job. But within days, his condition worsened.

He developed:

  • Severe neck pain
  • Bilateral shoulder pain
  • Cervical radiculopathy — nerve dysfunction causing pain, numbness, and weakness in the arms and hands

Five days after the fall, he sought treatment at a hospital. Unfortunately, because this occurred during the height of the COVID-19 pandemic, the visit was chaotic and unproductive. That initial record — which did not clearly document the work-related fall — was later used by the defense to unfairly suggest the injury was fabricated.

But the truth came out.

The very next day, he went to an urgent care. Providers immediately recognized the seriousness of his condition and referred him to an orthopedic specialist. An MRI was ordered, revealing a large cervical disc herniation at C6-C7. Within months, a spine surgeon reviewed the imaging and recommended surgery.

The Delay: 3½ Years of Unnecessary Suffering

Our client wanted the surgery.

He needed the surgery.

But it wasn’t approved.

For three and a half years, workers’ compensation refused to authorize the recommended treatment. During that time, our client lived with constant nerve pain, neck pain, and functional limitations — all while continuing to work on a seasonal basis, just as he had before the fall.

Only weeks before trial, the surgery was finally approved. He underwent a C6-C7 discectomy with anterior fusion — more than three years after it should have been done.

The Trial: Credibility Matters

Bassett Health Network was represented by a large defense firm out of Albany. Their medical expert testified that:

  • There was no disc herniation
  • There was no cervical radiculopathy
  • If nerve injury existed, symptoms would have appeared immediately

But the medical records told a different story.

From the very first visits, our client consistently complained of:

  • Nerve pain in his fingers
  • Pain radiating into his forearms and elbows
  • Ongoing upper-extremity symptoms

Four separate medical providers documented cervical radiculopathy and a disc herniation at C6-C7.

The jury saw the inconsistency.

And they did not accept the defense’s version of events.

The Verdict: A Jury Believed the Truth

After seven hours of deliberation, the jury returned a verdict that spoke volumes:

  • $750,000 – Past pain and suffering
  • $1,250,000 – Future pain and suffering
  • $22,000 – Past lost wages
  • $300,000 – Future lost wages
  • $21,000 – Past medical expenses

Total: $2,343,000

Notably, the jury awarded nearly 10 years of future lost wages, far exceeding the standard work-life expectancy tables. They believed our client when he testified that he intended to keep working. They believed him because he was honest, hardworking, and credible.

Why This Case Matters

In closing argument, we told the jury that this trial reminded us of two things:

First, how grateful we are to represent workers who are injured on the job.

Second, how fortunate we are that we are not the ones being asked to perform dangerous tasks — alone, at night, in icy conditions — without proper safety measures.

This verdict sends a clear message:

Workers deserve safe conditions.

Delays in medical care have real consequences.

And when corporations refuse to take responsibility, juries will.

It was an honor and a privilege to represent this injured worker.

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