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Work Place Injuries
Unfortunately, there is a vast number of employees who are injured on the job every single day. In Pennsylvania, if you are injured as a result of your employer's negligence or the negligence of a fellow employee, you are only entitled to receive medical benefits and a percentage of your wage loss.
However, if an injury was caused by a defect in machinery or the negligence of someone other than your employer or a fellow employee, then not only are you entitled to workers compensation benefits, but you can also bring a claim against that person or company for your personal injuries.
If you are involved in a workplace injury, call us immediately so that we can protect your rights both as an employee and as a plaintiff in a potential claim for personal injuries.
Failure to ventilate fumes causes explosion and fire
A printing company had purchased a self-contained printing press which was ventilated through the roof of the building. Fumes, which were heavier than air, accumulated at the base of the printing press. Our experts were able to establish that the machine malfunctioned, causing a spark to ignite the fumes, which caused an explosion and fire. Our client was working close to the printing press at the time of the explosion. He was burned over 80% of his body and was flown to a burn center. Our client's injuries were devastating. He was hospitalized for months and required multiple surgeries.
Through our experts we were able to establish liability not only against the manufacturer of the printing press but the designer of the ventilation system. Depositions were taken in Chicago, New Jersey and Pennsylvania.
After depositions, the case was settled for a total guaranteed payment to our client, which exceeded $5 million.
Nurse injured due to Maintenance Company's negligence
A nurse at a local hospital was injured and fell at work on her way to pick up a patient in the emergency room of the hospital. The floor had been freshly waxed but without any warning signs. The case was referred to us to handle by another attorney as a Workers' Compensation matter. (Under Pennsylvania law, an employee injured on the job cannot sue a fellow employee or his employer for negligence, but can receive Workers' Compensation.) The housekeeping staff at the hospital were fellow employees of the nurse.
After undertaking representation, it was learned that the hospital had a contract with a major conglomerate to run housekeeping using hospital employees. After extensive discovery and investigation, it was established that although housekeepers were paid by the hospital they were really employees of the major conglomerate. Once this was established, the way was paved for an $875,000 settlement for the nurse who has a permanent neck injury. In addition, $150,000 was secured from the Workers' Compensation carrier as a settlement, bringing the total recovery to $1,025,000.
Overloaded shelving collapses upon truck driver, permanently disabling him
A 64-year-old truck driver was waiting in a warehouse for his truck to be loaded. He stood next to shelving that was holding several tons of sheet metal. An employee of the defendant had admittedly, overloaded the shelving and it gave way, raining 1,500 pounds of sheet metal upon the plaintiff. He suffered multiple fractures up and down the right side of his entire body. Although he was approaching the normal retirement age of 65, we presented evidence from his employer that he would have continued to work until the age of 70. Shortly after his deposition the case settled for $988,000.
Electric company's failure to turn off power electrocutes client
The building was going to be stripped and rehabilitated, so our client, a scrap collector was hired to remove the metal from the building.
The defendant assured our client that the electrical power had been turned off. Because it was not, he sustained disabling injuries, which we alleged would worsen and prevent him from continuing in his business in the future.
Our experts were able to establish that the electricity could not be turned off because of the manner in which the electric company had configured its own wiring source.
Recognizing that they could not successfully contest their liability, the defendant strenuously contested the plaintiff's economic damages and the extent of the injuries. Although our client had returned to work shortly after the accident, we were able to convince the defendant that the nature of the injuries would impact on his future earnings.
Ultimately the case settled for $875,000.
Truck hits scaffold causing client to fall
Our client, a painter, was on a scaffold located in a loading area for trucks. The scaffold, which was high above the ground, extended out into a driveway. As our client was painting the outside wall, the top of the defendant's truck struck the scaffold, throwing our client to the ground. Our client sustained serious injuries to his knee which required surgery.
The defendant had failed to protect our client and the other painters on the scaffold by redirecting or supervising traffic in and out of the loading dock area. The defendants claimed it was the plaintiff's fault in allowing the scaffold to stick out into the driveway area. In addition, the defendant had expert testimony alleging that the plaintiff should have been wearing a safety belt which would have prevented him from falling to the ground.
After extensive mediation the case was settled for $725,000. In addition, the plaintiff received a settlement with the Workers' Compensation carrier for $100,000, bringing the total settlement to $825,000.
Chair collapses causing disabling back injuries
As our client was leaning back on a chair provided to her by her employer it broke, causing her serious injuries. An intense and quick investigation revealed that the original welds on the chair joining the back to the seat were inadequate. The manufacturer defended the action by alleging that the employer had misused the chair and had failed to properly maintain it. Although the plaintiff was complaining of disabling back injuries, medical tests, M.R.I.s and E.M.G.s , failed to reveal any objective signs of injury. Suit was filed in Federal Court. On the eve of trial the case settled for $372,000. In addition, our client's Workers' Compensation lien was reduced without the loss of any future benefits.
Defective steps cause injuries
As part of her job, our client was visiting a work site that was under construction. As she walked up makeshift steps made out of concrete blocks leading to the trailer office, she fell, causing serious injuries to her back and leg. Suit was filed in Federal Court against the construction company. We retained an expert who was ready to testify that the steps were in violation of building code standards. The defendant denied any violations and claimed that our client was not careful and therefore caused her own injuries. On the eve of trial, the case settled for $125,000.
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