Workplace Injury
N/AOUTCOME: Settlement totaling $2M
Our client was a commercial roofing supervisor. Due to an unsafe tripping hazard created by another subcontractor working on the same construction project, our client fell head first approximately 25 f ... eet onto a concrete floor. He suffered debilitating injuries to his face, eye, arms and hands that left him significantly disabled. He endured several surgeries and incurred medical bills in excess of $200,000, and he was deemed unable to work again in virtually any occupation requiring physical labor. The client was informed by family, friends and other attorneys that his exclusive avenue for relief was a worker's compensation claim (which provides for reduced recovery compared to a regular tort claim), and so he initially sought our services only with respect to worker's compensation. We were able to settle that claim quickly without trial for several hundred thousand dollars which was the absolute maximum amount available under the statute. Upon further investigation of the facts and law, however, we discovered a little-used exception under the law that allowed the client to also pursue a separate tort claim against the subcontractor despite vigorous denial and defense by the subcontractor's insurance company. After significant effort to hire and secure reports from noted construction safety experts, medical and vocational experts, and witness affidavits, we were able to settle the claim for an additional $1.8 million over and above the worker's compensation settlement. This allowed the client to pay off his mortgage and car and consumer loans, purchase a business so that he could continue to earn income to support his family, and also structure part of the settlement to provide for the future education and welfare of his children.
