Local 1 General Contractor Wins Right to Sue Employer to Injured Employee
A local 1 ironworker recovered $2.8 Million for an injury occurring on 12/2/03 and may recover an additional $2.5 Million based on an innovative strategy employed by his attorneys at Horwitz, Horwitz and Associates, Ltd.
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 47 year old 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 at the Life Science Education and Research Bldg, Loyola University Main Campus.
The general contractor, Power Construction, 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.
Managing Partner and Lead Trial Attorney, Cliff Horwitz, welcomes your comments on this article and can be reached at (866) 228-5016, or by visiting http://www.horwitzlaw.com.