Ironworker to Recover between $2.8 and $5.6 million by Suing Employer
Saturday, March 8th 2008
A local 1 ironworker recovered $2.8 Million for an injury occurring in 2003 and may recover an additional $2.5 Million based on an innovative strategy employed by his attorneys at Horwitz, Horwitz and Associates, Ltd.
The ironworker stepped into a small uncovered PCV pipe that was buried in the lay down area for the beams that had just been removed from the truck in preparation for erection.
The general contractor failed to provide a safe place to work, allowing an uncapped PVC plumbers pipe to remain allegedly hidden, evenly embedded with the gravel in the lay down area. The ironworker stepped into the pipe where his foot got caught.
Normally this would not result in a serious injury other than a bad sprain, however, this ironworker was unlucky. His body reacted to the injury by actually growing new bone into the muscle; a freakish result, causing a loss of career and chronic pain.
The employer has refused to take any responsibility for the accident, denied Workers’ Compensation benefits, and blames only the general contractor. As a result, Horwitz structured a deal with the general contractor where in they would pay $2.8 million for the injury as part of a Third Party claim, and assign (or give) to the ironworker their right to contribution against the employer.
By law, an injured employee cannot sue their employer for on-the-job injury compensation, outside of a Workers Compensation claim. However, now the ironworker can prosecute the general contractor's right to get their money back from the employer. The insurance carrier for the employer could have escaped from the case by merely waiving their WC lien. Instead their greed could cost them.
Some Insurance carriers are difficult to understand. They complain when a judgment is entered against them, but they have every opportunity to reasonably settle cases. Instead they string them out and make injured workers suffer. They are more concerned with earning interest on their money in the stock market and paying their lawyers to defend the case than doing what is right.