Two Local 1 Ironworkers Recover $1.8 Million
During the construction of Millenium Park in 2003, two Local 1 ironworkers were injured, resulting in a recovery of $1.8 million between the two – a compromise of highly disputed claims.
One ironworker slipped and fell on ice inside the structure, injuring his shoulder and ultimately requiring extensive surgery.
Defendant, Clark Construction, argued that the ironworker continued working for one month after his injury and didn't report the injury for a month. Further, Defendant had progress photos of the job showing that there was no ice in the area. However, Plaintiff's testimony was corroborated by his foreman and bolstered by a strong working career history.
The 2nd ironworker also injured his shoulder while pulling hundreds of pounds of load up a make shift ramp because a dock leveler had not been supplied. He too required major surgical repair of his shoulder.
The make shift ramp was not properly secured and moved while the Plaintiff was pulling the load, causing injury to his shoulder.
Clark Construction argued that the Plaintiff's foreman -- who was assisting with the move -- testified that he didn't recall any such incident. Further, Clark argued that the Plaintiff failed to report the accident until months after the accident.
The Plaintiff’s attorneys, Horwitz, Horwitz & Associates, Ltd., demonstrated that the ironworker tried to work through the pain and thought he would get better.
Recovery of reasonable compensation is very difficult when an injury is not immediately reported. It is always in the best interest of a tradesman to report an injury – or a suspected injury – immediately. However, both cases demonstrate that recovery is possible when a case is supported by evidence and/or collaborated testimony, assisted further in some cases by a strong work history.
Managing Partner and Lead Trial Attorney, Cliff Horwitz, welcomes your comments on this article and can be reached at (866) 228-5016, or by visiting http://www.horwitzlaw.com.