Pa Work Injury Law: third party lawsuit

Showing posts with label third party lawsuit. Show all posts

Friday, April 13, 2012

What to do if you have a work injury on a gas well site?

Accidents on Gas Well sites are far too common in the Marcellus Shale region. This is partly due the fact that a number of different types of specialists and companies are having to work together in a confined area and often with different and varying standards of safety and procedures.

But it is also often that the person or public body responsible for the overall safety of the site has simply not taken enough care over the arrangements or not properly checked that any safety procedures have been properly implemented.

Whatever the cause, injuries on a well pad site very often result in very serious and sometimes fatal injuries and such accidents can commonly occur in the following circumstances:

Being struck by falling loads or equipment

Lifting heavy loads without proper training and supervision

Working with asbestos without proper protection

Not being provided with adequate equipment or clothing (such as a hard hat)

Accidents caused by faulty plant or machinery

Being hit by moving vehicles such as fork lift truck or bulldozer

Falling from a height or from ladders or scaffolding

Explosions

Toxic exposure

Co-workers who are too tied and overworked being careless.

What sort of compensation might you receive? Compensation for a gas well site injury is to cover for the pain and suffering and distress caused by the injury and also for any loss of earnings, medical fees, rehabilitation costs- in fact any financial loss that has been caused by the accident. As far as possible you should keep any record (such as receipts, prescriptions etc) of payments you have made for things bought as a result of the injury. If the injury is caused by a co-worker, then your only option is getting wage and medical benefits through your employer's workers' compensation insurance company. If the injury was caused by a third party-- such as an employee from another company working on the site-- then you can also get money for pain and suffering, assuming we can prove that the third party's actions were negligent.

What should I do if I have had an accident on a Gas Well Site? If you have had an accident, however minor, you should ensure that you take the following steps if possible (and as soon as you can after the accident)

Report the accident to your employer or supervisor and make sure it is recorded somehow, such as an incident report, etc.

Take photographs of where you had the accident

Take photos of any of your injuries such as cuts or abrasions as soon as possible after the accident

Keep a record of any potential witnesses to the accident who may be able to help in any future claim as necessary.

Is there a time limit for bringing a Claim? Yes, there are strict time limits for bringing a claim if you have had an accident on a Gas Well site. There are different time limitations for workers' compensation claims and for negligence lawsuits. So, the best course of action is to contact an experienced lawyer immediately. You should contact a lawyer who is both experienced in workers' compensation as well as filing lawsuits, since those areas of the law are very different.

Thursday, January 20, 2011

Engineers injured in fall from collapsing stairs awarded $7.8M

In many workers' compensation cases, the work-related injury is caused by a another person or entity. In these types of cases (usually called "Third Party lawsuits) the injured worker can file a negligence claim against the person or entity that was at fault. Actually, many of my personal injury cases are really Third Party cases and have come to me originally as workers' compensation cases that I have determined were caused by someone else's negligence.

You may ask...why file a Third Party case when you have a valid workers' compensation claim? The main reason is that under Third Party negligence lawsuits, the plaintiff can seek pain and suffering damages. But under workers' compensation claims in Pennsylvania, the injured worker is only allowed to recover lost wages and medical bills.

The following case synopsis is an example of just such a Third Party case that was filed in Allegheny County, Pennsylvania and was provided to me via VerdictSearch.com:

Two engineers who fell from a collapsing staircase in a research plant recovered a $7.8 million verdict. Clifford Decker and David Gillingham were working on project for Consol Energy Inc. when an exterior steel staircase, the only exit from the building, suddenly collapsed and sent them falling 14 feet to the ground. Decker fractured his femur and hip and Gillingham suffered a torn rotator cuff and shoulder impingement. The plaintiffs claimed that the 40-year-old building wasn't properly inspected. Consol Energy argued that there was no notice of a problem with the staircase, which was used numerous times without incident and showed no signs of deterioration.

Decker v. Consol Energy Inc.

Successful Case Results

Dandy Mini Mart back injury Lump Sum Settlement - $157,000.00

A 38 year old woman who worked as a clerk at a local Dandy Mini Mart suffered a serious work related back injury several years ago. After the employer, Dandy Mini Mart, denied her claim, James R. Carroll, Jr., Esquire litigated her case and won, forcing Dandy Mini Mart to pay for back surgery and wage loss benefits. After several years of being on workers' compensation, Jim negotiated a lump sum settlement with Dandy Mini Mart in the amount of $157,000.00-- $70,000.00 was a lump sum paid to the injured worker and $87,000.00 was paid to the injured worker to pay for her future medical treatment, which consisted mostly of monthly prescriptions.

WalMart Truck Driver Lump Sum Settlement - $150,000.00

46 year old Walmart truck driver who was involved in a work related truck accident. The client suffered from a back injury. He was on workers' compensation for a few years then returned to part time driving. We settled his workers' compensaiton case for a lump sum of $150,000.00.

Bridge Construction worker with herniated discs in neck - $385,000.00

43 year old male who was a highly paid bridge construction worker injured his neck while lifting on the job. He ultimately had to undergo two cervical surgeries to repair herniated discs in his neck. Thereafter, he developed RSD or Complex Regional Pain Syndrome in his left arm. He ultimately lost the use of his left arm for every, practical uses. He also started experiencing the same symptoms in his right arm, all stemming from the neck injury.Carroll & Carroll, P.C. filed litigation. The insurance company accepted responsibility for the work injury and even agreed that the claimant lost the use of his left arm. However, the workers' compensation insurance company disputed the relatedness of the right arm. The case settled for $385,000.00 which is a record settlement for Carroll & Carroll, P.C. in a workers' compensation case. Also part of the settlement is that the insurance company has agreed to pay whatever medicare set aside amount is required by Medicare.

Repatative Use Injury to Arms - $175,000.00

53 year old woman had worked at a label making plant for over 20 years. Several years ago, she began having pain in her right arm when she would perform her highly repetitive duties making labels for clothing. When she was restricted to one arm work, she had to use her "good" arm too much and began suffering the same symptoms in the left arm.
Carroll & Carroll, P.C. filed a claim petition against the employer and won the case. The workers' compensation judge ruled that the claimant first suffered a right arm epicondylitis and then, due to over-use, suffered the same condition in her left arm later in her employment. An interesting twist in this case was that each "arm injury" was covered by a different insurance company due to the time the injuries arose.

Eventually, Carroll & Carroll, P.C. was able to secure a settlement for the claimant that protected her future medical bills and allowed her to retire with no financial worries.

Loss of use of arm for lumber yard worker - $150,000.00

27 year old male who was working at a local lumber yard injured his arm on a piece of the industrial machinery used to plane wood. While clearing out pieces of debris from the machine, another employee turned it on, locking the client's arm in the machine and causing injury. The client's arm was significantly injured, needing many surgeries.Carroll & Carroll, P.C. filed a petition to force the workers' compensation insurance company to pay the client specific loss benefits. These are benefits an injured employee receives when he/she loses the use of a body part. We argued that the client lost the use of his arm due to the injury. We eventually settled the case for a lump sum payment of $150,000.00. Also, the client is on social security disability. Carroll & Carroll, P.C. has also filed a product liability lawsuit against the manufacturer of the machine due to it being defective for not having proper safeguards designed into the machine.

Construction worker broke leg requiring surgery - $145,000.00

While on a job site, a 45 year old construction worker tripped over some boards, breaking his leg. The break was so bad that surgery had to be done to place screws and plates to mend the bones. Unfortuneately, the client's leg was so disabled that he could not return to construction work. Further, the client developed RSD or what is now referred to as Complex Regional Pain Syndrome. Carroll & Carroll, P.C. was able to win the client's comp benefits after the insurance company denied him what was owed to him. Further, we were able to secure Social Security Disability benefits for the client, then settle his workers' compensation claim for $145,000.00. After the comp settlement, the client will continue to receive his monthly SSD check plus have all of his medical bills paid for through Medicare.

Shop Teacher Amputates Fingers on Table Saw - $125,000.00

A Vocational Tech teacher for a local school severely injured his hand while using a table saw in shop class. Even though the teacher returned to work after a brief period, Carroll & Carroll, P.C. filed a claim for the "specific loss" of use of several fingers.

We were able to prove that the teacher had loss the use of three fingers either through outright amputation or severe damage. The case was ultimately settled for a lump sum of $125,000.00 including the payment of all medical bills and the waiver of the workers' compensation lien against any recovery from the product liability case against the table saw manufacturer.

Lumbar Surgery - $110,000.00

38 year old male injured his lower back while lifting something heavy at work. He eventually had lumbar spine surgery and was totally disabled. He had been on workers' compensation for many years before coming to Carroll & Carroll, P.C. for help in getting some medical bills paid.
We made sure he was approved for Social Security Disability and Medicare. Then we settled his workers' compensation case for $110,000.00. Now the claimant does not have to worry about his benefits being cut off or looking over his shoulder all the time worrying that someone was watching him. He did not have to go to hearings anymore and could move on with his life.

Loss of Use of Hand - $110,000.00

60 year old woman had her hand trapped in a conveyor belt while working at a local cabinet making plant. After several surgeries on her hand and a partial amputation of her index finger, she no longer had much use of the hand. The lawyers at C&C Law filed a petition for specific loss of use of her hand. We put on such a good case that we were able to settle her case for a $110,000.00 lump sum payment plus continued medical coverage for 2 years.

Blister On Foot Nets Big Comp Settlement - $90,000.00

45 year old male who injured his foot at work causing swelling. Because he continued to keep working with the swelled foot, a blister appeared due to his tight fitting shoe. Unfortunately, the blister became infected with MSR. The employee went through many surgeries and loss of a few toes due to the infection. Complicating matters was the fact that the employee had pre-existing diabetes that was obviously not related to work and that contributed to the infection not healing. So, the insurance company argued that the employee's current condition was not related to the original work injury but to his diabetes.

Carroll & Carroll, P.C. filed a Specific Loss petition claiming that due to the many surgeries and infection and loss of a few toes, the claimant had loss the use of his entire foot as if it was actually amputated. Also, there was a question as to jurisdiction of the case. The insurance company wanted to have the case heard in either Maryland (where the original foot injury occurred) or New Jersey (where the employer's corporate headquarters was located) or in New York (where claimant lived), three states that are not as good for injured workers as Pennsylvania.

We were able to negotiate with the insurance company to have the case heard in Pennsylvania. Also, we were able to get all of the medical bills paid. Further, we were able to convince the insurance company that the claimant actually loss the use of his foot. The case was settled for a lump sum of $90,000.00. Also, the claimant was approved for Social Security Disability so he will be receiving monthly benefits in order to pay his living expenses. Further, he was approved for medicare so his future medical bills will be paid.

Shoulder rotator cuff tear with surgery - Shoulder rotator cuff tear with surgery- $85,000.00

A 49 year old woman injured her left shoulder while working at a plastic bag manufacturer. She ultimately had two surgeries to repair a torn rotator cuff. She was eventually returned to work light duty work, but her employer did not have any light duty available.Carroll & Carroll, P.C. forced the insurance company to pay some medical bills and prescriptions that were outstanding. Eventually, the client wanted to settle her case. C&C Law was able to negotiate a lump sum settlement of $85,000.00. Further, we made sure that the client's future medical bills would be covered by other insurance.

Work related back injury but no surgery - $80,000.00

A 26 year old man injured his back lifting something heavy while working at Proctor and Gamble in Meshoppen, Pennsylvania. The client was off work due to his injuries despite the fact that P&G wanted him to come back to work on light duty. The client did not have surgery on his lumbar spine. We were able to settle the case for a lump sum amount for $80,000.00.

Arm Caught In Defective Conveyor Belt In Meat Plant- $500,000+

A 29 year old meat processing worker had his arm caught in a defectively designed conveyor system that lacked the proper guarding. Worker suffers from severe brachial plexus injury to arm and shoulder. We were able to litigate the issue of "specific loss of use" of the arm and won that issue. After settling a third party persoanl injury case against the manufacturers of the conveyor system for a multi-million dollar amount, we settled the workers' compensation case for a lump sum amount that included the establishment of a Medicare Set Aside account that will pay for the injured employee's medical bills for the rest of his life. We also were able to settle the wage portion of his claim that paid him a few hundred thousand lump sum, above and beyond what was paid in the third party case.

GAS INDUSTRY WORKER TRIP AND FALL ON PIPE- $230,000.00

A 58 year old Marcellus Shale Gas Industry worker tripped over a pipe on a well pad site and fell, injuring his ankle. Unfortuneately, the original injury turned into Complex Regional Pain Syndrome (formerly called "RSD") which causes severe pain disability in the affected area. The workers' compensation insurance company disputed that the worker had Complex Regional Pain Syndrome and filed a petition to stop the weekly wage benefits and medical benefits. We were able to keep the wage benefits coming so the employee and his family wouldn't become destitute. Eventually we were able to negotiate a lump sum settlement with the insurance company for $230,000.00.

Client Testimonials

Workers Compensation:

At first I was afraid to contact an attorney because I thought it might affect my job. But the staff and attorneys at Carroll & Carroll, P.C. set me at ease right at the start of my case. They were all very helpful. All of my questions and concerns were always answered. And I was very satisfied with the settlement of my case. This is a very caring law firm and that's why I would recommend them to my family and all of my friends. They helped me gain more self confidence than I had before.

Shirley Goble
Athens, PA

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Dog Attack:

I found your firm to be very caring which made me feel comfortable even though I wished this never happened to me. Everyone that I came into contact with at the office treated me with respect and individual attention. I truly believe I was given the best advice and was in truly caring hands.

Betty Lewis
Towanda, Pa
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Workers' Compensation:

Carroll & Carroll, P.C. exceeded my expectations and everyone who works there was very helpful. Without C&C, I couldn't have kept my wits about me. Nor would I have got the settlement that I did. I would recommend C&C Law to everyone. Thank you so much!

Gary Martz
Chemung, NY

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Workers' Compensation:

Carroll & Carroll, P.C. exceeded my expectations. Everyone at the firm went above and beyond for my case. I would recommend Jim Carroll to everyone. Overall, I was satisfied with the settlement of my workers' compensation case.

Terry Plumely
Painted Post,NY
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Workers' Compensation:

I want to thank all of the staff at Carroll & Carroll, P.C. I can't pick just one, they all went above and beyond and were so nice. Thank you for working so hard on my case. Because of the successful outcome I was able to travel to Texas to visit my son.

Gordon Collins
Horseheads, NY
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Workers' Compensation:

I want to thank you for all the time you and your staff has put into my case. You will never know how much it means to me and how much of a weight has been lifted off of me knowing that all of you are so good to me and that you are there for me. Thank you from the bottom of my heart.

Dorothy Leckie
Mifflinville, PA
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Workers' Compensation:

I thank God I went on the internet and found your law firm. You have helped change my life and added some years that are stress free. My family says that I was a changed person once I talked to Jim and Carla about my case and my future employment opportunities. Thank you all.

Jo Ann Daly
Sayre, PA
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Workers' Compensation:

Before my work injury, I could have done any kind of work. Now I can't. But Jim and Carla taught me a lot about Pennsylvania's workers' compensation system and won my case for me. They were always there to answer my questions and keep me up to date on my case. Even though I was afraid to hire an attorney at first, Carroll & Carroll, P.C. greatly exceeded my expectations. I've already referred family and friends to them.

Donna Pozzi
Towanda, Pa
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Work Injury:

Although I was afraid to hire an attorney at first, Jim answered all of my questions and made me feel a lot better. Carroll & Carroll, P.C. exceeded my expectations and I received a lot more money for my injuries than I thought.

Carl Button
Wyalusing, Pa
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Slip and Fall:

Right from the beginning Jim answered all of my questions and was very patient with me. I was terrified of lawyers because there are a lot of shifty lawyers out there. The staff of Carroll & Carroll, P.C. was so helpful. Carla did so much for me, even travelling to Philadelphia when I had to see the insurance company doctor. I'm so satisfied in in outcome that Jim got for me. I'm financially secure now and don't have to worry about suporting myself and my family. I've already referred friends and family to Carroll & Carroll, P.C.

Lisa Spinner
Barton, NY
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Workers' Compensation:

All I can say is that they didn't quit on me. My case was a long battle but Jim won it. Then he was able to get me a great settlement that made me financially secure in my retirement. They treated me like I was part of the family.

Sandy Henry
Sayre, Pa
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Workers' Compensation:

I wasn't sure I had a case but Jim was very helpful and reassuring. I don't have to worry about my medical bills. Jim made sure that they were taken care of. He always kept me informed and was quick to answer to emails. I would recommend Carroll & Carroll, P.C. to everyone!

John Bryerton
Sayre, PA
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Workers' Compensation:

The way Jim took over and handled everything was unbelievable. I didn't receive checks for months but as soon as Jim started working on my case I began receiving my checks again. I first went to a "big wig" firm but they did nothing for me. When I called Jim I got put right through or he would always return my calls. He even negotiated a great settlement for me that helped me move on from my injury and support my family.

Andrew Glover
Laceyville, Pa
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