Laborer Recovers 1.3 Million for Hip Injuries.
Tuesday, November 8th 2005
High above the ground, a newly hired laborer struggled against icy conditions and inexperience while installing roof decking between metal beams for a new Home Depot Warehouse in nearby Montgomery, Illinois.
It was the winter of 2000 and work was hard to come by, so when offered a job by North Wall Erectors, he considered himself lucky. But after a near-fatal fall left him with a fractured hip, he knew his luck had changed.
On his third day on the job, the worker, whom we’ll refer to as “Joe” to protect his privacy, stepped onto a piece of iced decking that had not yet been fastened down. When the decking shifted, he fell thirty feet, suffering multiple acute fractures.
Management of North Wall Erectors quickly pointed to negligence as the cause of the accident – Joe’s. The accusation was supported by others who said Joe had failed to use his safety equipment properly.
Joe turned to personal injury attorneys, Cliff Horwitz and Jay Luchsinger of Horwitz, Horwitz and Associates for help. He explained that he was instructed to wear the harness for “show” and drag the lanyard behind him on the decking, giving the appearance of proper safety precautions for the benefit of the superintendent’s limited view from the ground. According to Joe, there was no safety line for him to attach his lanyard to, a fact later confirmed by witnesses on the jobsite.
Key to Joe’s case, the investigation revealed that a safety line had never been installed as a means to reduce costs.
“This was a young kid with no experience who should never have been put in this position in the first place.”
Responsibility for safety oversight on the job site belongs to the superintendent for the general contractor, in this case, FCL Builders. The superintendent for FCL confirmed that Joe had indeed been wearing a harness, but because he was uncomfortable with heights, he had not gone up on the roof to perform a standard safety check.
Had the superintendent performed a routine inspection for safety compliance and/or violations, North Wall Erectors would have been forced to comply with contract safety directives.
Jay Luchsinger, a partner of the law firm and third generation ironworker, felt that Joe’s lack of experience and want for a job played an all too common role in the accident. Luchsinger explains, “This was a young kid with no experience who should never have been put in this position in the first place.”
Citing Illinois law regarding third-party responsibility in the case of injury, Horwitz, Horwitz and Associates brought suit against FCL Builders on Joe’s behalf. “FCL Builders were partially responsible for Joe’s injuries.” Luchsinger said, adding “because the superintendent is responsible to ensure that sub-contractors abide by the safety directives outlined within the contract. We were able to prove that the superintendent for FCL Builders could have known through proper oversight, that the directives were not being followed and that a high risk of injury was present.”
Cases like Joe’s often end with the limited benefits provided for by Worker’s Compensation Insurance. Illinois law does not allow an injured worker to sue their employer for compensation beyond what’s provided for by workers’ compensation, and workers are often unaware of the potential liability of a third party. Furthermore, injured workers are commonly discouraged by personal injury law firms when seeking third-party compensation; told they have no case, or a limited potential for recovery prior to a thorough investigation of a claim. They often settle quickly and out of court for a reduced amount.
“We thoroughly investigate every case on behalf of our clients. That’s our job.” says Luchsinger. “If I had just taken the statements made by management as fact, Joe would not have recovered just compensation for his injuries.”
The road to justice and compensation isn’t always easy or quick. Eventually, Joe recovered 1.3 million for the injuries.
Cliff Horwitz welcomes your comments regarding this article and can be reached by calling, (312) 372-8822, or email