$600,000 Settlement – Construction Accident

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.