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.