Since the early 1900s employees have been barred from suing their employers. Instead they must file workers compensation claims which severely limit compensation but is paid regardless of fault. Faxon Law Group does not handle workers’ compensation claims, but we do investigate workplace-construction injuries to see if there is a party other than the employer who may be liable. These third parties may be subcontractors, independent contractors, product sellers, or landowners. These third party cases often need to overcome many legal hurdles before being allowed to proceed. Nonetheless, we have had great success in demonstrating the viability of these claims. Here are some notable results:
26.3m– Jury Verdict. A 35 year old trucker from Ohio was injured while he unloaded a leased truck at a local community college. A work station fell on him and caused a t-11 burst fracture that left him permanently paralyzed. Our investigators included phd engineers, trucking professionals and reconstructionists. We were able to show that the work station fell because the lift gate had not been properly maintained by the leasing company. the leasing company countered by claiming they were the trucker’s employer and any suit was barred. In the end a federal judge and jury determined that the plaintiff had proven his negligence case and was not barred. The verdict was cited by the National Law Journal as one of the top verdicts in the nation for 2007, and it remains the highest personal injury verdict to be upheld in Connecticut federal courts.
23.4m-Settlement at trial. The plaintiff was a laborer at a construction site. He was injured when he fell from a forklift operated by one of the subcontractors at the site. The injuries include permanent paraplegia. The plaintiff had two children. Construction engineers and OSHA experts were brought in to prove that the sub was responsible for the injury. In addition, the plaintiff won several challenges based on the worker’s compensation bar as the sub claimed to have paid the worker’s compensation coverage for the plaintiff laborer. This is believed to be the highest settlement actually paid out to a personal injury plaintiff in state history.
2.6m The plaintiff’s decedent fell from an unprotected platform at a construction site. The family recovered this settlement just before trial and after Stratton Faxon had expended countless hours and more than $75,000 in litigation costs. Once again, the worker’s compensation defense was defeated.
2.4m Verdict. The plaintiff was doing work on the outside of a commercial building when the scaffolding he was standing on gave way. After two trials, the plaintiff won his case and received this verdict which was vital to his continued care needs.
1.4m This settlement was achieved for a laborer who fell from a fourth story walkway at a construction site. He leaned against a railing that was not affixed and fell straight down 30 feet fracturing his feet and ankles. The case was settled for close to full value, although we did discount the case somewhat out of fear that the court would bar the case under the worker’s compensation defense.
1.4m This case was resolved on behalf of a young man who was working in the kitchen at a local hospital. The cooking cauldron which held vast quantities of hot soup broke and spilled on the plaintiff causing serious and painful burns. The case settled after the workers compensation defense was resolved in the plaintiff’s favor and after the plaintiff’s product defect experts testified credibly as to how the incident occurred.