The Incident
Our client was performing block work on an elevator shaft when a local concrete company was pouring concrete five and a half stories above. During the process, a bowling-ball-sized glob of concrete unexpectedly flew out of the hose, fell over the edge, and plummeted directly into the elevator shaft. The concrete glob struck our client in the back of the head and neck, causing severe injuries, including a closed head injury and multiple cervical spine injuries, such as a herniated disc at C6-C7. Keep reading to learn more about our $569,000 recovery for a bricklayer injured in a construction accident.
The impact was life-altering. Our client required extensive medical treatment, including nerve root block procedures, narcotic pain management, and ultimately a cervical discectomy and fusion surgery. The physical pain, medical treatments, and inability to work placed an immense burden on our client, both financially and emotionally.
How Cantor Injury Law Advocated for Justice
We approached this case with a two-pronged strategy, addressing both the workersโ compensation claim and a civil lawsuit against the concrete company.
- Workersโ Compensation Claim: First, we settled our clientโs workersโ compensation claim to ensure he received immediate financial support for his medical expenses, lost wages, and ongoing care. Importantly, we negotiated an agreement that our client would not be required to repay any funds to the workersโ compensation system if he pursued a civil case. This strategic move allowed us to protect our clientโs financial recovery from being diminished by subrogation claims.
- Civil Lawsuit Against The Concrete Company: After resolving the workersโ compensation claim, we filed a civil case against the concrete company responsible for the accident. The evidence was clear: the negligence in allowing concrete to fly out of the hose and fall into the elevator shaft directly caused our clientโs injuries.During the initial stages of the lawsuit, the Defendantโs legal team recognized the strength of our case. Following just one deposition, they proposed mediation to reach a resolution. We agreed to mediation but set strict conditions, including:
- A minimum settlement offer of $200,000 to proceed with mediation.
- Agreement to waive workersโ compensation subrogation as part of any settlement.
The Defendant accepted these terms, and after a lengthy day of mediation, our client accepted a final settlement offer of $445,000 for the civil case.
The Outcome – Recovery for Bricklayer Injured in Construction Accident
Between the workersโ compensation and civil case settlements, our client received a combined recovery of over $569,000. This case demonstrates our dedication to maximizing outcomes for our clients, even in complex, multi-faceted claims. The settlement allowed our client to focus on his recovery without the added stress of financial uncertainty. It also ensured that those responsible for his injuries were held accountable for their negligence.
How Cantor Injury Law Can Help You
Workplace injuries, especially those involving third-party negligence, can be legally and emotionally overwhelming. At Cantor Injury Law, we have the experience and determination to handle both workersโ compensation claims and civil lawsuits, ensuring that our clients receive the full compensation they deserve.
If you or a loved one has been injured in a workplace accident, contact Cantor Injury Law today for a free consultation. Let us fight for you and secure the justice and financial recovery you need to move forward.