A 56-year-old Orland Park man recently settled a brain injury lawsuit for a record $5.1 million. The heating, ventilation, and air conditioning worker was reportedly hurt in a March 2005 accident when a forklift operator working three stories above the man accidentally dropped building materials on him at a Chicago construction site. The pile of lumber allegedly hit the worker on the head and left the man with a concussion as well as a diminished memory and reduced learning capacity. The man later filed a lawsuit in DuPage County against the building’s general contractor, Dubin & Associates, and subcontractor, Asbach & Vanselow, alleging their negligence caused his traumatic head injury.
The worker’s lawsuit reportedly relied heavily on a medical study recently conducted on former National Football League players. Researchers purportedly analyzed the brain function of former players who endured head injuries while playing professional football and found that a single concussion could cause permanent issues with an individual’s brain function. Many of those issues were allegedly similar to those experienced by the injured worker.
Unfortunately, thousands of workers throughout the United States are hurt or killed in construction accidents each year. The Occupational Safety and Health Act of 1970 created OSHA in an effort to reduce or eliminate such worker injuries and deaths. The Act requires employers to provide workers with a reasonably safe working environment, safety training, information regarding possible workplace safety hazards, and more. In addition, employers must comply with all federal health and safety regulations. When a serious workplace injury occurs, OSHA will normally investigate whether an employer complied with established safety standards.
In general, Chicago workplace accidents are subject to the Illinois Workers’ Compensation Act. The Act generally precludes an employer from being held responsible for workplace accidents. Still, in some cases a third party who failed to adhere to state or federal safety regulations may be held liable for a worker’s injury. A general contractor, architect, equipment manufacturer, and others may be sued for negligence when a worker is hurt in a preventable construction accident. Because the amount of time during which you may file a lawsuit is limited, you should contact a hardworking attorney to discuss your options for financial recovery following any Chicago construction accident injury.
If you were injured in a construction accident that was caused by someone else’s negligent act, please call the experienced lawyers at Abels & Annes, P.C. today at (312) 475-9596. Our competent Chicago Metro personal injury attorneys are available seven days per week to answer your questions and help you file your construction accident or other personal injury case. For a free consultation with a committed lawyer, do not hesitate to contact Abels & Annes, P.C. through the law firm’s website.
Note: Abels & Annes, P.C. did not represent the victim’s family in the above mentioned lawsuit.
District 97 Claims Most Head Injuries Experienced by Students Were Minor, Chicago Personal Injury Lawyer Blog, December 4, 2012
Pedestrian Injuries on the Rise in Chicago and Nationwide, Chicago Personal Injury Lawyer Blog, December 2, 2012
DuPage brain-injury lawsuit settled for $5.1 million, by Josh Stockinger, Daily Herald