June 22, 2009

Illinois painter awarded $1.9 millon for injuries in fall at construction site

A Galeana man injured in a fall in a high school construction site accident has been awarded the highest jury verdict ever rendered in Jo Daviess County.

William Theiss, 52, was awarded $1.9 million after the two-week trial, which centered on the April 2003 accident at River Ridge High School in Hanover. Thiess was working as a painter when he toppled off a 15-foot-high lift -- he tripped on a chain serving as a substituted for the safety-mandated guardrails, according to a story in the Dubuque Telegraph Herald.

Theiss has undergone 16 surgeries after crushing his foot, ankle and heel. Doctors told him he can no longer stand for more than an hour at a time and confined him to light duty. He sued the construction management company, Hoffman Construction Company, and the drywall contractor, CIDAC Inc.

"I've worked on these kind of lifts all my life, so I just assumed it was safe," Theiss said. "I was just doing the job I'd been doing my whole life."

The jury found Theiss 30 percent at fault, which resulted in reducing his original $2.8 million award to $1.9 million. They awarded Theiss $777,660 for wage loss, $791,667 for pain and suffering, $625,000 for disability, $279,167 for disfigurement, $339,000 for medical bills and $27,000 for prescription orthotics for his heel.

"I wouldn't say that it makes me forget about the last few years, but at least now I'm not going to have to worry about paying my electric bill," he said. "But it's not going to be life on easy street for me. There are a lot of bills to pay."

The largest sum previously awarded for a personal injury in the county was $1.05 million after a man sustained serious brain injuries following a tractor-car collision.

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November 12, 2008

Chicago Area Construction Accident Kills Worker

In Chicago Heights, Illinois a man was killed by a crane accident at a steel plant, according to the Chicago Tribune. The victim, Heladio Ramirez, 32, a Calumet City resident, was operating a crane on Monday at Highway Steel Inc., when part of the crane fell and hit him. He was taken to St. James Hospital and Health Center in Chicago Heights, Illinois and he was pronounced dead a short time later.

The cause of the accident has not been reported. The Occupational Safety and Health Administration is investigating.

According to the United States Department of Labor, 5,488 workers were killed on the job last year throughout the country. 392 workers were killed in manufacturing jobs, and 20 of those workers were killed in primary metal manufacturing jobs, such as iron and steel mill occupations.

Further, according to CraneAccidents.com, there were 176 reported crane accident deaths in the United States in 2007, up from 109 deaths in 2006.

January 15, 2008

Deadly Construction Accident at the Trump Soho in N.Y.C. - Should Chicago Be Nervous?

A construction worker was killed on Monday at the Trump Soho in New York City when a wooden mold used to set concrete collapsed and he fell 42 floors to his death, according to the New York Times. The worker who died in the construction accident was decapitated in the fall and landed in an alley on the west side of the site. Another worker was thrown from the 42nd floor, but was caught by a safety net on the 40th floor.

The cause of the work accident is still under investigation. The New York City Buildings Department has issued a stop work order on the project until the General Contractor, Bovis Lend Lease, can show that work will continue in a safe manner. Bovis was issued four safety violations as a result of the accident. There have been 11 previous building code violations at the project site.

This accident happened just weeks before the Trump International Hotel & Tower Chicago is scheduled to open. Five floors of the hotel are scheduled to open on January 30, 2008, according to the Chicago Tribune. The hotel will occupy floors 14-27, and the remaining levels are supposed to gradually open through the spring.

What is interesting is that as the hotel operates, there will still be a large construction project going on overhead as crews work to complete the 92 story tower. You have to question if Chicagoans will feel safe entering the hotel in light of the N.Y.C. accident. The hotel was originally scheduled to open December 3, 2007 but Trump was delayed in obtaining a city occupancy permit due to still having to complete fire safety work.

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November 19, 2007

DuPage County, Illinois Personal Injury Lawyers Reach Construction Accident Settlement

In DuPage County, Illinois, personal injury attorneys reached a settlement for $490,000 in a construction accident lawsuit. The plaintiff was a laborer loading large rocks into a back hoe owned by Fox Excavating. The laborer was helping clear a trench and a Fox employee that was operating the back hoe dropped the bucket and crushed the plaintiff's foot. $465,000 was paid by Fox's insurance carrier, and an additional $25,000 was paid by the general contractor. The settlement was reached in Curtis Gilkey v.Fox Excavating, et. al., DuPage County Case No. 03 L 493.

Prior to settlement of this lawsuit, there was likely a worker's compensation settlement for Gilkey as well. When injured on a construction site, an employee will automatically have a work injury case under Illinois law regardless as to who was at fault in the accident. Even if you obtain a job injury settlement in Illinois, you are still entitled to bring a claim against a negligent third party who caused the accident. The workers' compensation insurance carrier will then have a lien against the third party settlement.

If injured in a construction accident, or any at work place accident, make sure to consult with an injury lawyer about both a work injury case and a third party negligence case.

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