Confidential Workplace Injury Settlement
What started as a normal day at work turned catastrophic in a matter of seconds. Our client, an experienced tradesperson, was performing plumbing work from a scissor lift, elevated roughly 20 feet above the floor of a busy jobsite. As he worked overhead, a forklift operating in the same area unexpectedly struck the scissor lift. The force of the collision caused the lift to tip, violently throwing our client from the platform and sending him headfirst toward the concrete floor below. In an instant, a routine workday became a life-altering event.
What followed was not simply a claim arising from a fall. It became a case centered on accountability—accountability for workplace safety, equipment operation, training, supervision, and the devastating consequences that can result when safeguards fail. Our client sustained severe, life-altering injuries, including a traumatic brain injury, post-concussion syndrome, neurocognitive disorder, post-traumatic stress disorder (PTSD), chronic pain syndrome, and numerous other painful and debilitating injuries. Beyond the diagnoses, the injuries affected nearly every aspect of our client’s daily life, from his cognitive functioning to his ability to earn a living.
Our team worked on the case for more than two and a half years, preparing it for trial from the outset. We took a case that began with no settlement offer and ultimately resolved it through a confidential settlement that was satisfactory to our client. Achieving that result required developing a complete picture of how the incident occurred and whether adequate safety measures were in place before anyone was elevated into the air.
The investigation extended far beyond the collision itself. Our team pursued extensive discovery regarding the forklift operator’s
qualifications, training, education, employment history, performance evaluations, and the adequacy of any background checks conducted by the employer. Obtaining this evidence was not easy. The defense resisted disclosure at multiple stages, requiring us to file several motions to compel. Ultimately, this evidence proved essential because the defense sought to shift responsibility to our client, arguing contributory negligence related to safety procedures, including the use of safety equipment and whether a spotter should have been present. By thoroughly uncovering the facts, we were able to challenge those assertions and present a more complete picture of the circumstances that led to our client’s devastating injuries.
At the same time, we assembled the medical evidence necessary to explain the lasting effects of traumatic brain injury. Treating and evaluating providers documented concussion-related symptoms, cognitive deficits, depression, anxiety, chronic pain, and ongoing functional limitations. Neuropsychological testing revealed deficits in attention, concentration, processing speed, memory, verbal fluency, problem-solving, and fine motor control. These findings provided objective support for the difficulties our client continues to face.
Ultimately, the case was about a young, skilled tradesman and devoted father whose future was forever altered by a preventable
workplace incident. Before the collision, our client was only in his 30s and had built a career as a journeyman and planned to one day take over his father’s plumbing business, an opportunity that was taken from him because of this incident. Since the incident, he has been unable to return to work, leaving his future livelihood and ability to provide for his family in jeopardy.
Through focused investigation, aggressive discovery, comprehensive medical development, and thorough trial preparation, our team presented the case for what it truly was: a serious workplace safety failure that resulted in a life-changing traumatic brain injury. As a result of those efforts, we secured compensation for our client and resolved the litigation to the parties’ mutual satisfaction approximately two months before trial.
We continue to represent the client in his pending workers’ compensation claim. Our ongoing goal is to secure the long-term
benefits and financial support he needs to provide stability for himself and his family for years to come.
