CASE SUMMARY:
The plaintiff was working as a siding installer when he suddenly and without warning fell approximately 12 feet from an icy bed ladder. He was rendered unconscious by the fall and was immediately rushed to the Brigham & Women’s Hospital. He was admitted to this hospital for 6 weeks. Later, he was treated at Braintree Rehabilitation Hospital where he had to undergo a long course of cognitive and physical therapy to improve his condition.
At the time of the incident, the plaintiff earned approximately $ 850 per week from his employer. Because the injury happened while he was on the job, the employee was able to file a workers’ compensation claim to recover damages for his injuries. He was awarded Social Security Disability benefits in addition to his workers’ compensation settlement. Furthermore, the employee’s attorney negotiated an arrangement whereby the employee’s wife is compensated for her husband’s injuries as well. The plaintiff’s wife is paid more than $ 85,000 per year to provide assisted care for her husband who is able to walk and provide for his own basic personal needs but does require supervision due to behavioral difficulties associated with his head injury.
The plaintiff was awarded a structured settlement with a present value of $375,000. The plaintiff received a lump sum of $100,000 and also receives monthly payments of $1,188.89 for the rest of his life, guaranteed for at least 20 years.
Our team represented another plaintiff in a similar case. In this case, the plaintiff was a union sheet metal worker who slipped and fell while operating a pallet jack on which was a large piece of HVAC equipment. He was walking backward when he slipped and fell on debris which had been left by the sub-contractor and tore his rotator cuff.
The injured worker, who had 2 prior injuries to the shoulder, came under the care of an orthopedic surgeon who performed 2 surgeries to address the effects of this injury. His medical bills were in excess of $ 54,000.00.
At the time of the incident, the plaintiff earned approximately $ 1,400.00 per week. He was paid worker’s compensation benefits for nearly 4 years, after which he settled his case for the present value of the remaining partial disability benefits for which he was eligible.
Suit was commenced against the general partnership which oversaw the site as well as the individual general partners and a sub-contractor. The case was settled for $ 750,000.00 following 2 days of mediation less than a week before a jury trial was set to begin.
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