Workplace Injuries Archives - Charles E. Boyk Law Offices, LLC

$ 600,000

Worker Injured On Crane Hoist Endures Years of Suffering
Workplace Injuries

$600,000

Worker Injured On Crane Hoist Endures Years of Suffering

Our client was on the job, working as a laborer for a farm co-op when he was asked to make a repair to the grain silo. He was placed in a bosun chair with a harness and was suspended from a crane by a third-party crane operator. As our client was hoisted into the air, his leg became entangled with a cable causing extreme pressure and discomfort. As he was lifted higher the entangled cable became even tighter around his leg. The crane operator was unable to see or hear our client, and the designated spotter, who is assigned for these types of situations, had stepped away, leaving our client’s screams for help unheard. Due to severe pain in his right leg and hip, our client was forced to seek treatment at the Blanchard Valley Medical Center emergency room. Radiological studies revealed a contusion to the right hip and hip sprain. A week later our client was evaluated by a medical provider for a Workers’ Compensation claim status. The pain was described as 8/10, radiating in nature from the right hip into the right leg with increased pain during movement. He was directed to physical therapy and occupational therapy along with work restrictions requiring sitting work only. Our client eventually consulted with a surgical specialist who opined he sustained a right hip crush injury. Our client continued to have throbbing, stabbing pain in his leg which was exacerbated by any type of motion with the right hip, including walking. For pain management our client began to receive right hip injections but continued to have symptoms of numbness and tingling. After reporting to the ER for discoloration of the leg, an MRI was performed showing a herniated disc at L5-S1. Our client was referred to a neurosurgeon who eventually performed an L5-S1 microdiskectomy and repair of a dural tear. Unfortunately, our client continued to experience pain in his back, hip and leg. After many consultations and MRIs, our client underwent a second surgery of the L5-S1 for decompression and anterior fusion which required four screws placed into the lumbar spine. Our client followed up with physical therapy and conservative rehab. After another MRI was performed, a right hip labral tear was revealed which required our client to have further surgery to his right hip. After numerous surgeries, years of physical therapy, and a substantial amount of time off work, our client recovered and was able to return to work. A workers’ compensation claim was initially pursued for our client’s medical treatment and time off work. However, to maximize recovery, our office filed a personal injury lawsuit against the crane operator and crane company. The litigation became complicated when the crane company filed a Third-Party Complaint against our client’s employer in an attempt to shift the blame. After a hard-fought litigation the parties reached a settlement resulting in an initial lump sum payment to our client and additional monthly payments being made over several years.

$425,000

Workers’ Compensation Claim and Personal Injury Lawsuit Arise From An Automobile Collision on State Route 101
Workplace Injuries

$ $425,000

Workers’ Compensation Claim and Personal Injury Lawsuit Arise From An Automobile Collision on State Route 101

On a spring afternoon our client was traveling, in a company vehicle, along State Route 101 in Margaretta Township, Erie County, at a speed of approximately 50 mph. Another driver, operating an employer-owned-truck full of iron, failed to yield while exiting a private drive and entered State Route 101, crossing into our client’s path of travel. Our client was unable to avoid the other driver and struck the front driver’s side of the vehicle head-on, totaling the vehicle he was operating. Our client went to the Emergency Room where he complained of pain, swelling and bruising. On discharge he was diagnosed with cervical sprain, shoulder sprain, and contusion of the left lower leg. He then followed up with his primary care doctor who took him off work and referred him to physical therapy. An x-ray showed substantial aggravation of pre-existing C3-C6 disc degeneration, and a left leg and knee injury. Our client underwent two months of physical therapy for his neck consisting of manual therapy, joint mobilization, neuromuscular re-education techniques, therapeutic exercise and electrical stimulation. A further MRI showed compression of the spinal cord and our client was advised to see a surgeon as he was at risk for permanent damage to his spinal cord. Our client then underwent chiropractic treatment and was diagnosed with cervical disc syndrome, cervical spondylosis with myelopathy and cervical spinal stenosis. He completed treatment which consisted of three times a week for four weeks. He then had an MRI of his lower leg which showed visible scarring of the fascia of the pretibial muscles. Our client was told he had permanent scarring and his leg pain most likely would not resolve. In total our client treated for his accident-related injuries for approximately five years. He underwent two neck surgeries which required a discectomy, arthrodesis, and fusion of his C4-C6 vertebra with the fixation of bilateral mass screws. His medical bills totaled well over six-figures. Due to the effects of his injuries, he eventually lost his employment as a Senior Mechanical Engineer. By the age of 49 our client was unemployed and facing a lifetime of pain and future medical care. Our office initially represented our client for a Workers’ Compensation Claim, assisting him process his needed medical treatment through the Bureau of Workers’ Compensation. We then filed suit in the Erie County Common Pleas against the at-fault driver and the company that employed the at-fault driver. The team at Charles Boyk Law Office worked hard and obtained a $425,000.00 settlement on behalf of our client.

$ 400,000

Construction Accident Settlement
Workplace Injuries

Construction manager falls off roof of building while climbing down a ladder set up by a subcontractor.

$ 325,000

$325,000 Settlement – Man Severely Injured in Workplace Accident Due to Negligent Employer
Workplace Injuries

What started out as a normal day of work quickly turned into a day our client will never forget when he sustained severe and permanent injuries from a workplace accident.

$325,000

$325,000 Settlement – Man Severely Injured in Workplace Accident Due to Negligent Employer

What started out as a normal day of work quickly turned into a day our client will never forget when he sustained severe and permanent injuries from a workplace accident. Our client was employed on a concrete pouring job that his employer had been contracted to perform by the defendants. That day, our client was tasked with operating the concrete hose used to distribute the concrete. Another company, named as a defendant in this case, was responsible for delivering the concrete in an aerial concrete pump truck that was owned by one of the defendants. Due to a delay of approximately half an hour in delivering the concrete to the work site, the pump truck sat idle and this caused the concrete to harden. Without performing necessary safety checks, a negligent defendant restarted the aerial concrete pump without cleaning out the hose or checking for debris such as hardened concrete. Unfortunately, the concrete pump hose was plugged with hardened concrete after sitting idle. When it was turned on, pressure continued to build up until it suddenly whipped violently around and flung our client into a concrete wall, causing loss of consciousness and other severe injuries. At the hospital, doctors determined that our client had a traumatic brain injury, several broken ribs, an injury to his back, a spinal injury, and a collapsed lung. In addition to the physical injuries our client sustained, he also suffered from severe psychological impairments after the accident. Prior to the accident, our client was a healthy and able-bodied man. Now, he now has depression, anxiety, mental deficits, and continued pain from his injuries. Nearly five years after the accident, he was found to still be “completely unemployable” due to the severe and persisting nature of his injuries. Our client and his wife contacted the Charles Boyk Law Offices to assist them with the aftermath of this traumatic accident. On behalf of our client, we filed a lawsuit in the Lucas County Common Pleas Court against several defendants, though trial was successfully avoided as we were able to obtain a large settlement for our client.

$ 300,000

$300,000 Settlement – Utility Worker Suffers Brain Injury and Severe Injuries When Negligent Driver Hits Him in Construction Zone
Car Accident Injuries Workplace Injuries

$300,000

$300,000 Settlement – Utility Worker Suffers Brain Injury and Severe Injuries When Negligent Driver Hits Him in Construction Zone

In April 2019, our 24-year-old client’s morning at work quickly turned tragic when he was seriously injured. Our client was working as a flagger for a construction crew in Ashland County, Ohio when the accident occurred. The road our client and his team were working on had been marked as a construction zone, and a utility vehicle was placed on the roadway with flashing lights. It was a clear day out and the presence of a construction zone was clearly visible to oncoming traffic. Our client was also wearing a reflective safety vest and helmet when the accident occurred. Unfortunately, all the safety precautions taken by our client and his employer were not enough to prevent the accident from occurring. An elderly man, who suffered from a vision impairment and was distracted by adjusting the visor in his SUV, failed to see the construction zone until it was too late. Swerving to avoid hitting the utility truck, the defendant hit our client at a speed of at least 40 miles per hour. The impact sent our client flying through the air and caused his helmet to fall off his head. He violently landed headfirst onto the concrete, causing him to lose consciousness. Our client was taken via life-flight to an area hospital to treat his extensive and traumatic injuries. At the hospital, our client was diagnosed with a traumatic brain injury, a skull fracture, multiple facial fractures, and fractures to his left leg and ankle. Our client remained in the hospital for the next week and was required to undergo multiple painful surgeries to treat his injuries. Once he was discharged from the hospital, our client went to an inpatient rehabilitation facility to continue his recovery. This was a horrible accident that changed our client’s life forever because of a careless distracted driver. Our firm was contacted to assist our client with his recovery from this traumatic incident and our dedicated team worked tirelessly to ensure that he got the justice he deserved. Through negotiations, we were successful in avoiding litigation and obtaining a settlement for our client. Not only did we secure a policy limits settlement offer from the at-fault driver’s insurance, but we tripled that recovery by arguing that an underinsured motorist policy issued to our client’s employer applied to cover his damages beyond what the at-fault driver’s policy covered. While our client can never be made completely whole due to the injuries he sustained, the substantial settlement we secured for him will go a long way to account for his pain and suffering and help him as he moves forward.

Confidential Settlement

Confidential Settlement – Man Electrocuted In Work Accident
Workplace Injuries

Our client was instructed by his boss to stand in a debris-littered bucket of a backhoe so he could be lifted between nine and eleven feet in the air to fix some low-hanging cable and telephone wires.

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