A general contractor agreed to a $3.5 million settlement with an injured construction worker in December of 2015 for an injury he sustained in December of 2007. While attempting to move a heavy cart, he slipped on a patch of ice and twisted his back in a manner that caused serious and permanent injuries. The Chicago construction accident attorneys of Rosenfeld Injury Lawyers LLC encounter many cases where employer negligence results in the permanent inability of a worker to return to his or her regular duties. In this case, the worker received compensation for the ongoing pain and suffering he must endure as well as his inability to return to his occupation for the rest of his life.
Ice on Concrete Causes Slip and Fall
Kevin Montgomery was working for a subcontractor that was serving Bovis Lend Lease Inc. at the time of his injury and alleged in his lawsuit that Bovis failed to halt work or provide a safe work environment under wintry conditions prior to his accident. He and two other workers were asked to move several large and heavy carts of plywood that were on the 61st floor of the One Museum Park East condominium complex and as they were moving a cart so that it could be lifted by a crane, he stepped on a patch of invisible ice and injured his spine.
After undergoing two different lumbar fusions in the years to follow, he finally felt some relief from the constant nerve pain he was enduring. He was never able to return to work, however, and eventually developed a condition called arachnoiditis in which inflammation within the spine triggers constant pain signals. Over time, the condition causes scar tissue to develop and the victim experiences pain that cannot be treated with any form of medication or rehabilitative treatment.
Montgomery is now unable to return to any form of work in the construction trade and his constant pain makes it impossible for him to find or maintain work in a different field. He filed a lawsuit against Bovis in 2010 and Bovis initially claimed that Montgomery was responsible for the accident because he did not exercise enough caution while lifting the cart. The company Montgomery worked for had a contract with Bovis that included a provision stating that Bovis needed to clear snow and ice when needed or requested, however.
The $3.5 million settlement agreement came only one day before a Cook County judge was due to make a ruling on the case and the willingness of Bovis to settle could have been an indication that the company was not confident in its chances of having the case ruled in its favor. The primary issue of contention was whose responsibility it was to remove the snow and ice which had accumulated on the premises, but once it had become clear that the liability issue was going to be resolved in Montgomery’s favor, Bovis provided a settlement offer that Montgomery was satisfied with.
Learn More about Your Rights
If you have been injured in a construction accident, you may feel as though it is you against the world. Rosenfeld Injury Lawyers LLC can help you understand your rights so that you are not taken advantage of by your employer or its insurance company when handling your claim. Most workers injured on the job now prefer to defer to the advice of seasoned legal representatives who can ensure that they recover every bit of compensation the law affords.
Contact us today to arrange a free consultation with one of our award winning Chicago construction accident attorneys so that we can collect the information we need to start building your case. We will review your legal options with you at the location of your choice and let you know how we can ensure the greatest chance of a successful recovery on your behalf. If we cannot secure damages on your behalf, our services will be free of charge.