Injury Award | Compensation Settlement

Back Injury from Repair of Heavy Machinery, Workers Comp and Third Party Claim (Confidential Settlement)

Part of our client’s job was to periodically dismantle and maintain a piece of heavy machinery. While doing his job he sustained a herniated and was unable to return to work. In addition to workers comp benefits, we pursued a third party claim against the manufacturer of the machine when our expert witness noted that the machine was improperly designed. The manufacturer of the machine denied any liability and stated that our client must have been careless in doing his job. The procedure recommended by the manufacturer required that a worker actually stand on top of the machine, bend down, and lift a 40 pound piece of the machine. It was our impression, subsequently proven by expert witnesses, that the machine was negligently designed because it did not provide a safe method for removal of the heavy part from the machine that had to be periodically removed. The claim was settled for a confidential lump sum amount that was satisfactory to our client.