Case
Highlights
Our client suffered an injury to his right foot occasioning 5 surgeries when he fell into a trench that wasn’t properly boarded. The insurer claimed contributory negligence on the basis that our client was an experienced employee and should have known better than to work around the edges of the trench. We successfully obtained $750,000.00 in pain and suffering and loss of earnings capacity compensation.
Attorneys:
Patrick Rory Donnellan
Category:
Workers Compensation
Time:
2 Years
Results:
Client obtained a sizeable sum in damages for injuries caused at the fault of his employer.
The Challenge
Our client was experienced in his trade and knew it had been raining in the weeks leading up to his fall. The insurer argued that he ought to have known the edges of the trench would cave in if pressure was applied to the area. They therefore claimed that our client contributed to his own injuries by negligently working around the trench and not reporting any safety issues to his employer.
Legal Strategy
Our team obtained an expert report from a relevant expert who commented on the knowledge our client knew or ought to have known about trenches, and the safety measures the employer could or should have taken to avoid the trench from caving in, regardless of rain.
Results
The client received $750,000.00 in compensation for pain and suffering and loss of earnings capacity in recognition of the trauma he had suffered and the impact this injury would have on his ability to earn.