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.6 million settlement for injured construction workers fuels demands for workplace safety
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$6.6 million settlement for injured construction workers fuels demands for workplace safety

HONOLULU (HawaiiNewsNow) – A significant legal settlement for a seriously injured construction worker is prompting his family and workers’ rights advocates to raise awareness about workplace safety.

Due to legal restrictions, the lawyers refer to their client as Mr. Chen and say they cannot share specific details about Chen’s employer or where he was injured.

Prosecutors say that on February 1, 2019, Chen was working on a roof at a commercial construction site and fell about 12 feet. He landed on his back and was paralyzed from the waist down at the time – an injury that they say could have been prevented if there had been proper supervision and safety enforcement.

“There was unfortunately a lack of protocols, safe policies, there was a lack of safety training and unfortunately there was also a lack of safety equipment,” said Jeremy O’Steen of law firm Miyashita & O’Steen. .

They say an unsafe workplace led to their client’s catastrophic injury.

The case was settled for $6.6 million after more than four years of litigation, and now the family is working with workers’ rights advocates so other families don’t suffer the way they did.

Through surgery and rehabilitation, Chen can now walk short distances, but remains confined to a wheelchair and dependent on his wife, who quit her job to care for him, and their two adult children.

While the $6.6 million settlement offers justice and closure, Chen’s daughter Kara says it doesn’t make up for the years of pain and suffering.

“I don’t want other families to go through the physical pain and emotional struggle that our family faces every day,” she said through an interpreter. “I hope the tragedy that happened to our family can play a bigger role in bringing awareness to the importance of workplace safety and law enforcement.”

“Employers have a legal and moral responsibility to look after their employees. If employers are not taking responsibility for their workers, that’s why you have lawyers like us, and we’re going to hold them accountable,” O’Steen said.

But getting a lawyer is difficult, especially for immigrants like Chen, who have limited English and don’t understand their rights under American law.

Many end up forgoing costly litigation.

“It just seems like they’re at a disadvantage,” O’Steen said. “They’re being forced into this process where they’re going to be dragged through depositions and essentially cross-examination many times by someone on the other side who doesn’t believe them, and that’s hard. It’s stressful. It produces anxiety.”

That’s why the law firm is working with the Hawaii Workforce Center to crack down on employers who break the law.

“If there’s no way to compensate or improve the work situations, the workplace situations, then yes, we’re going to continue with the litigation,” said Rev. Sam Domingo, Chairman of the Board. of the Hawaii Workers Center.

To help workers who have been injured on the job and to prevent workplace injuries, Miyashita & O’Steen is donating $50,000 to the Hawaii Workforce Center for training and legal resources.

Visit hawaiiworkerscenter.org or contact [email protected] for more information. The nonprofit is located at 1545 Linapuni St., Kuhio Park Towers, Tower B, Unit 112 in Kalihi.