IronWorker Overcomes Speculation About Injuries ($1.8 Million)
Two Local 1 Union IronWorkers were injured during the construction of Millennium Park in 2003. The attorneys at Horwitz, Horwitz & Associates successfully negotiated a settlement of $1.8 million to resolve these highly disputed claims.
One of the union IronWorkers slipped and fell on ice inside the structure and injured his shoulder, which later required extensive surgery. The second IronWorker severely injured his shoulder while pulling hundreds of pounds of load up a makeshift ramp; a dock leveler had not been supplied. He too required major surgical repair of his shoulder.
The defendant, Clark Construction, argued that the IronWorker who slipped and fell on his shoulder continued working for one month after his injury and did not report the injury for a month. The defendant also produced progress photos of the job-site that showed there had been no ice in the area; however, Plaintiff’s testimony was corroborated by his foreman and bolstered by a strong working career history.
Horwitz attorneys argued the makeshift ramp was not properly moved and secured while the Plaintiff was pulling the load, which caused the injury to his shoulder. Clark Construction argued that since the Plaintiff’s foreman, who had assisted with the move, testified that he didn’t recall any such incident, the incident did not occur. Further, Clark argued that the Plaintiff failed to report the accident until months after it had allegedly taken place.
The Plaintiff’s attorneys, Horwitz, Horwitz & Associates, Ltd., demonstrated that the IronWorker tried to work through the pain in the hopes that it would subside and his condition would improve.
Recovery of reasonable compensation is very difficult when an injury is not immediately reported. It is always in the best interest of a tradesman to report an injury, or a suspected injury, immediately. Nevertheless, these cases demonstrate that recovery is possible when an incident is supported by evidence and/or collaborated testimony and assisted further by a strong work history.