Recovered $2.2 Million
A local 1 ironworker recovered $2.2 million after falling from a beam on an elevated CTA line.
- The Case
The case was prosecuted for four years and settled just short of trial.
- In Depth Look
The local 1 ironworker was working at an elevated CTA Brown Line station. While working on a repair for the CTA station, painters began applying wet paint to the iron beams that the ironworkers would ultimately have to walk on.
The ironworker was mag drilling holes – a process used to cut and make drill holes in ferrous/nonferrous metals – when a painter began applying paint with a roller to the top flange of a beam that connected to sole access point for entering and exiting the job site. The painter was told to discontinue painting by the ironworker; however, the painter continued to roll the paint on the beam.
“The ironworkers had not been informed of the presence of the painters and the general contractor, McHugh, scheduled and permitted the painting subcontractor responsible for the laying of the paint on these beams,” stated Clifford Horwitz, the lead trial attorney for the injured local 1 ironworker.
The ironworker needed to cross the painted iron in order to get to the scaffold. This would allow him to get down to the ground, but in the process of maneuvering to the scaffolding the ironworker slipped on the wet painted beam and fell on conduit. The fall immediately caused a sharp pain in his back.
“These beams were the only access point to the sole stairways needed to get up and down to the job-site. The painters should not have been painting on a beam that was in use by other workers, and necessary for those workers to enter and exit the work zone,” stated Clifford Horwitz.
As result, the ironworker suffered a bulging disc and annular tears of the L3-4, L4-5, and L5-S1. The insurance carrier for the general contractor argued that the painters were not painting on the day in question and that it was the ironworkers fault for failing to watch where he was going.
- Contact Us Today
Horwitz, Horwitz & Associates invites you for a free telephone or in person consultation to discuss your injury and any questions you may have. You can also email us or even speak with us right now on LiveChat, located in the lower right corner of the screen. Even if you do not wish to retain an attorney, we can set you on the right path for free. Most of our lawyers have more than 30 years of experience and we have an outstanding track record in helping our clients and creating a strong trust relationship, as you can see in our Success Record. Please call our Chicago office at (312) 372-8822, or our Joliet office at (815) 723-8822, or you can call our toll free number at (800) 594-7433.