Anesi, Ozmon, Rodin, Novak & Kohen, Ltd. obtained a $3.2 million settlement for their client, an injured ironworker.
A Local 1 ironworker suffered permanent nerve damage to his dominant right arm when he attempted to start a saw in an area that provided him and the other ironworkers little room to start or operate the machine safely. The momentum needed to start the power saw caused him to hit his elbow on the 16” waler beam situated behind him. The worker underwent multiple surgeries, but his doctor was unable to fully repair the extensive nerve damage.
Due to the chronic pain, weakness and numbness caused by the injury, he will be unable to return to his vocation as an ironworker to support his family and will need to cover anticipated medical expenses.
Our law firm received only a token settlement offer from the general contractor before representing the injured ironworker in court. In front of the jury, they refuted the defendant’s claim that the worker failed to use “common sense” and that the accident was entirely the injured man’s fault. The attorneys established through cross examination of the defendants’ own witnesses that the general contractor had violated industry custom and practice by failing to provide the ironworker with a safe place to perform his job.
After hearing opening statements and several days of witness testimony, the defendants opted to settle the case and paid its $2 million insurance policy limits, plus a future medical fund of $530,956.74 and a waiver of the worker’s compensation lien of $668,172.71. The settlement total of $3.1 million was offered just prior to the last witness and closing arguments.