injuries at work case results

Workplace injuries are a common occurrence. The latest statistics from the Occupational Safety and Health Administration (OSHA) confirm that there were nearly 2.9 million reported nonfatal injuries and illnesses in the most current study. During that same timeframe, there were 5,190 fatal workplace injuries.

Most employers in Connecticut, Massachusetts, Vermont, New Hampshire and New York are required by law to carry Workers’ Compensation coverage for medical care, wage loss protection and benefits for survivors of employees who experience injury or death while on the job.

What are the most common workplace injuries?

Here are the five (5) most common workplace injuries.

  1. Overexertion involving an outside source.
    This is the physical effort to lift, pull, push, hold, carry or throw an object that results in an injury.
  2. Falls on the same level.
    Tripping and falling from an uneven floor surface is a good example of this workplace injury.
  3. Falls to a lower level.
    Examples include falling to the ground from a ladder or rooftop, or falling from a stepstool.
  4. Being struck by equipment.
    This category can include a host of instances, including being struck by an object that was dropped by another employer, being caught by gate or swinging door, etc.
  5. Slip or trip without falling.
    Tripping on uneven or cluttered surfaces or slipping on icy stairs before steadying yourself by grabbing the handrail resulting in an injury to the shoulder are examples of this type of injury.

How do workplace injury settlements work?

When an injury in the workplace occurs, the insurance provider will typically offer the injured employee a structured payment plan to cover bills for medical treatment and lost wages. It will be up to the employee to either accept the offer, pursue a lump-sum payment or negotiate for a larger settlement.

In most instances, workplace injury settlements are calculated by considering:

  • Medical bills that have already been accumulated (including hospital stays, ambulance transportation, etc.).
  • Anticipated future medical treatments (surgery, therapy, etc.).
  • Wages you’ve already lost and your decreased future earning potential.
  • Disability payments.

Why should I accept a settlement for my workplace injury?

First and foremost, a settlement is guaranteed compensation for you. Many workers find it difficult to survive economically on benefits that trickle in. Going to court can be especially risky because the judge may rule in favour of your employer.

Keep in mind, however, that once your case is settled, it cannot be reopened. That’s why you definitely need the expertise of lawyer with workplace injury experience on your side.

If you’ve been injured on the job, call the workplace injury lawyers at the Haymond Law Firm.

Workers’ compensation is definitely a good thing, but it may not be sufficient in covering all of your losses. Any job that you are doing for the benefit of your company will be counted as work-related, and if you’re injured while performing that task, you definitely deserve to receive full compensation. That’s why you need a skilled workplace injury lawyer in your corner.

With offices in Connecticut, Massachusetts, Vermont, New Hampshire and New York, the Haymond Law Firm has the resources to energetically and aggressively fight for your interests.

For a free consultation, call us at 1-800-HAYMOND (1-800-429-6663).

Real life case results

Case 1: Man Paralyzed in a Fall From Scaffolding

50-year-old Nathaniel, of Montville, CT volunteered to assist his brother in making repairs to a rental property owned by a third party.

Case Facts

The Haymond Law Firm, Nathaniel’s attorneys, spared no effort, bringing in experts and proving that the owners had been negligent in erecting the scaffolding.

The investigation showed it was never properly connected to the house. Of course, the homeowner denied responsibility for the accident and provided a witness to support their claim. Early offers for a settlement of $400,000 was rejected.

Case Results

$7,000,000

The Haymond Law Firm continued to fight and brought in a scaffolding expert, a vocational rehabilitation specialist and economist to prove Nathaniel’s losses. The $7.2 million dollar award is the highest jury award in Connecticut this year.

Nathaniel was represented by Attorneys Christopher Murray and Vanessa Cardoso of The Haymond Law Firm. The verdict was later reduced by 50%.

Case 2: Railing breaks, Haymond Law Helps Worker Collect Settlement

It was any other work day for Mr. Ryan C. that Tuesday morning. Ryan worked for a moving company and arrived at his job site, a condominium complex just outside the city. Ryan came into the unit he was moving, surveyed what needed to be moved, and got to work. Ryan was moving a sofa out of the apartment unit he was working in, so he went out the porch and down the porch stairs. As he was walking, the porch railing suddenly collapsed beneath him.

Case Facts

As a result, he fell and slammed his face off the concrete, which caused the sofa to fall into his chest. Ryan lost consciousness from the fall. After going to the emergency room, Ryan had a fractured orbital in his face that required surgery. From the injury, he also suffered from double vision for a year, preventing him from being able to work. Ryan was devastated by not only a very serious injury but from the ramifications of the injury that greatly impacted his day to day life.

In order to achieve a successful recovery, Ryan needed the Haymond Law Firm’s help. Haymonds’ team immediately hired an investigator who took statements from the tenants. Our investigator managed to get a statement from every tenant. Each tenant had complained about the condition of the stairway and stated under oath that the stairs were dangerous and were a hazard to all people using the premises. Haymond also hired a structural engineer who inspected, photographed and issued a report that the stairs did not according to code.

Case Results

$250,000

We submitted the investigator’s reports as well as the ‘engineers report. The insurer offered to settle the claim for $50,000. We rejected the offer as being far too low. We

We brought a lawsuit on Ryan’s behalf. The process wasn’t easy at times, and after months of tough negotiations, many long depositions, and lengthy discovery, the Haymond Law Firm was able to make things right for Ryan. The attorneys vigorously fighting for Ryan managed to obtain $250,000 for Ryan. It was far more than he imagined or expected.

Case 3: Death Caused By Construction Crew

After 20 years riding motorcycles, 41-year-old Hank Taylor lost his life in an accident that never should have happened. Thanks to the hard work and creative thinking of an Attorney from the Haymond Law Firm, at least Hank’s family will be financially secure with a settlement.

Case Facts

ABC Paving Company was doing construction on a major road in the summer of 1999. Townspeople complained about the excessive dust caused by the construction project. In response, the paving company used calcium chloride, a compound commonly used to control dust, on the unpaved road. Unfortunately, the calcium chloride accumulated on the adjoining, paved road. When Hank rode his motorcycle over this area, his bike slid on the compound, caught on the clean pavement and tumbled end over end. Hank slid face down for over 30 feet and died shortly thereafter from massive head injuries.

Case Results

$468,000

Within an hour of the accident, the local fire department washed away all the evidence, at the direction of the police. In over 25 years of using this calcium chloride compound, ABC Paving Company had never been sued successfully for its misuse until the Haymond Law Firm took on Hank’s case. We were the first, and they paid because of our willingness to fight for Hank’s family.

personal injury case results

Simply speaking, you’re entitled to seek compensation for personal injury if you’ve been accidentally hurt or injured by someone else’s negligence or failure to practice reasonable care. While the term “reasonable care” can vary on a case-by-case basis, the overriding rule is that the injury must be proven to be the result of the defendant’s action or inaction.

The five most common causes of personal injuries in the U.S. are:

  1. Automobile accidents.
  2. Medical malpractice.
  3. Slip-and-fall accidents.
  4. Workplace injuries.
  5. Assaults.

What’s the process for a personal injury settlement?

Each case is different, but the majority of personal injury settlement negotiations work like this:

  1. You and your lawyer file a claim with the at-fault person’s insurance provider;
  2. The insurance provider responds with a “reservation of rights” notification, which merely states they are investigating the matter;
  3. As you continue to heal from your injuries, you and your lawyer will send notification to the insurance provider outlining the specifics of the entire episode, including medical bills you’ve incurred, out-of-pocket expenses you’ve been forced to make, lost wages and claims for pain and suffering;
  4. A claims adjustor for the insurance provider will respond with – typically – a lowball offer in an attempt to convince you to settle for as little as possible;
  5. You and your lawyer continue to negotiate for what is a truly fair settlement; and
  6. When the insurance provider responds with a final offer, you either accept it or consider pursuing the matter in court.

How is a personal injury settlement amount reached?

There are essentially four (4) factors considered when reaching a fair compensation for a personal injury.

  1. Severity of the impact, which includes damage to personal property.
  2. Special damages covers personal injuries you’ve suffered, lost income, medical bills you’ve already accrued and anticipated future medical treatments.
  3. General damages covers the pain and suffering you’ve already experienced from the injury, and the level of pain and suffering you’re expected to endure in the future.
  4. Limitations on life’s activities includes how you’ll be affected from here on because of your injury. This can include reduced income earning potential.

What must be proven to show liability for a personal injury?

In order for someone to be found negligent, it must be proven that they:

  1. Were responsible for providing a level of care to you;
  2. That level of care was broken;
  3. The failure to provide the level of care was responsible (directly or indirectly) for causing injuries or damage.
  4. The victim suffered injuries or damages as a direct result of the situation.

Once I settle, can my claim be reopened?

No. If you receive some form of compensation, your case is considered to be closed, even if new injury-related symptoms arise later on.

In a typical settlement, a release form will be signed. Most release forms will include language along the lines of you “…releasing the defendant of any future claims” as they relate to your case.

Is my personal injury settlement tax-free?
Section 104 of the U.S. tax code states that only awards or settlements for physical injuries or physical sickness qualify for the tax-free status. In other words, as long as you’re being compensated for medical bills, pain & suffering, lost wages, loss of consortium, emotional distress, lawyer fees, etc., your settlement will not be taxable.

If you’ve been injured by someone else’s negligence, call the Haymond Law Firm, New England’s most trusted personal injury lawyers.
With offices in Connecticut, Massachusetts, Vermont, New Hampshire and New York, the Haymond Law Firm has the resources to energetically and aggressively fight for your interests.

For a free consultation, call us at 1-800-HAYMOND (1-800-429-6663).

Real life case results

Case 1: Haymond Law Recognizes Head Injury and Forces Recovery

Thomas Jenkins took his usual route to the bus stop after work in Waterbury, CT.  He knew the area well and took care to stay in the nearby crosswalk.  Unfortunately, not all drivers take the same care.  As he crossed the street he was struck down by an inattentive driver.

The driver was apologetic, but Thomas was in pain.  In fact, at that time, no one could know the full extent of his injuries.

Case Facts

He suffered spinal fractures and needed a hip replacement.  Yet, Thomas was not returning to his normal self.

Friends and family noticed changes in his mood, behaviour and the sense of loss he felt.  Fortunately, the team at the Haymond Law Firm recognized these symptoms and knew that Thomas was likely suffering from PTSD as a result of the physical trauma he was enduring.

Case Results

$500,000

Our team developed the evidence to show that Thomas’s head injury was impacting his life just as much if not more than the permanent limp and pain he had suffered as a result of his fractures.  As a result, the insurer knew that the presentation of this evidence at trial would decimate any defence it could try to muster and forced them to pay a settlement.  Had the evidence and importance of Thomas’s head injury been left underdeveloped, the insurer would not have been willing to offer even half of what it ultimately paid.  Thomas and his family credit the Haymond Law Firm for taking care of their needs.

Case 2: HLF recovers money for construction site injury

Case Facts

A roofer lost 40% vision in one eye when he was hit in the eye by a nail at the construction site.  The insurer denied liability and we filed suit.  The defence argued that the injury was the man’s own fault and that a 40% loss of vision was not significant.

Case Results

$232,500

We established that the construction site manager failed to supervise the site and failed to warn the roofer of the danger.  We also demonstrated that the roofer’s loss of vision was a major loss to him – he could no longer enjoy playing basketball, seeing his daughter perform or watch a movie the same way.  On the eve of trial, we achieved a large settlement.

knee injury case results

Aspects that influence knee injury settlement values

The most common question for all parties in involved in a knee injury claim is – How much is the claim worth? While it is nearly impossible for any two people to value a claim the same, understanding the factors involved can help the injured party known if it is worth filing a lawsuit, when it is time to settle, and when it is time to go to trial and let the jury decide.

The first thing to understand for any plaintiff is that in almost any knee injury lawsuit, the defendant will be an insurance company. And, deciding the value of your claim is the insurance adjuster. The adjuster has one job and that is to pay the plaintiff as little as possible. This is why an experienced and hard working attorney is important.

While there are some factors that affect the claim total that a plaintiff cannot control (medical bills, days of work missed, etc), a good attorney will know how to maximize the factors that are not so concrete. For example, an unmarried truck driver will generally suffer less due to a knee injury than a single mother of four active children who finds her sanity during her morning run. The adjuster initially views the truck driver and single mother the same. However, a skilled attorney will develop this particular part of the damage model by getting to know the client and the client’s family. With this knowledge, an attorney may not be able to make the adjuster care, but they will be able to demonstrate to the adjuster how a jury will care.

However, the attorney is not the only one that can increase the value of claim for a plaintiff. A plaintiff who is organized and has documented their injuries and recovery via photographs helps immensely when it comes time to show anyone exactly what a knee injury looks like. When it comes to convincing a jury or adjuster that the plaintiff has suffered, pictures are worth more than a thousand words.

Finally, it is very common that plaintiffs think that their knee injuries are worth hundreds of thousands of dollars. However, it is important to understand that juries do not see it that way. In fact, lawsuits over knee injuries are so common that the adjuster and the attorney can most likely find what juries have awarded in the past for similar injuries and circumstances. These previous decisions are known as jury verdict research and this research should be used in evaluating the low and high end of any knee injury.

CASE 1: Motorcycle accident knee injury

When Mitch and Barb Grayson climbed aboard their Harley-Davidson motorcycle in July of 2013, it was to be one of many Sunday summer day trips. Mitch had been a rider since before the pair was married 23 years ago. Barb was hooked after her first ride sitting behind her future husband. Now in their late forties, the two had purchased the Harley Fat Boy they had always wanted a week earlier and were ready once again for the road.

About an hour into the ride, the couple came to an intersection with a four-way stop. After first allowing the vehicle to their right to move through the intersection first, the pair began to accelerate through the stop sign. It was then, a pick-up truck coming from their left, clipped the Grayson’s rear wheel, sending the couple and their bike to the pavement.

Case Facts

While Barb’s injuries were relatively minimal, Mitch suffered leg and knee damage that required surgery and causing him to miss work for almost two months. The driver of the pick-up truck claimed Grayson’s motorcycle had suddenly stopped while accelerating through the intersection, causing him to barely catch the rear tire. The investigating police officer did not issue any citations or warnings as he was unable to determine fault.

Mitch and Barb came to Haymond Law after they were left with $22,000 worth of unpaid medical bills, and had lost Mitch’s income for months. Mitch didn’t understand why he was still suffering financially and physically when he knew the pickup driver was at fault. He was right to share his concerns.  Mitch and his family became very well acquainted with the Haymond Law Firm as they spent many hours getting to know him, his wife and children.  The lawyers at Haymond Law visited Mitch at his home on numerous occasions and they truly understood how this injury impacted not only Mitch’s life but how it impacted the lives of his entire family.

Claims by the truck driver that Mitch was somehow at fault and didn’t know how to properly operate his new bike were absurd. Furthermore, Grayson, an experienced rider, had never even laid a bike down in his decades of riding. Haymond Law established through evidence that the bike was more than half way through the intersection when the collision took place. Further, the police officer failed to take into account that at an intersection drivers on the right have the right of way. We proved that the officer and truck driver were wrong.

Finally, with a check of driving records, we were able to determine the pick-up truck driver had been involved in a similar incident at that same intersection two years earlier. In that incident he also tried to “time” his acceleration through the intersection, clipping the rear of a passenger vehicle. Although this was not admissible in court it was used as additional ammunition in negotiating a successful result.

Case Results

$430,000

With this added information the experts at Haymond Law were able to resolve the case for $430,000.  Mitch and his family were thrilled with the results especially when they discovered that it was “tax-free”.

 

CASE 2: Slip and fall knee injury

On a cold morning in February, Abby saw her kids off to school and went off to work in a New England hill town. Unfortunately, Abby did not make it back home that day or the next. Abby slipped on ice on a walkway at an elderly living complex and fractured her knee cap. It would be two days before she was released from the hospital which was an eternity for her children.

Although it had snowed that morning, it was not the snow that caused her fall. It was untreated ice that had remained without salt or sand for days. The property management company may have decided a little more profit and less money for salt and sand would make a better year for the company. The property managers failed to act reasonably, as they failed to salt and sand the ice long before the snow had fallen and covered which created a dangerous hidden hazard.

Abby’s children were young and needed their mother’s daily care. Her son, Elijah, was born autistic and was coupled with severe obsessive and repetitive behavior. Abby was terribly worried as she knew that she needed to care for her children and especially Elijah. Abby’s consistent daily routine with Elijah gave him much needed comfort and the sequence he craved to face his world of challenges.

Case Facts

The family reached out to The Haymond Law Firm for help and within hours of the initial consultation assigned a skilled legal team with experience handling snow and ice accidents. Photos of the ice and witness statements concerning the ice were obtained immediately. Abby claimed that when she did return home she could not walk on her leg for days and she had to endure the screams of Elijah as he suffered, striving for his routine that her husband tried his best to replicate.

Case Results

$200,000

From the start, Attorney Haymond instructed his legal team that this case was not just about Abby’s pain and suffering, but the entire families. The family did not have to pay out of pocket for her medical bills, and although her knee is never going to be the same within months she was back to her daily routine with Elijah. Abby is grateful that her husband Rick called The Haymond Law Firm who fought for a $200,000 recovery in Abby’s case.

Last year, a client was passing by a neighbor’s house when she saw her neighbor cutting down a tree branch. The client offered to help the neighbor by holding the ladder steady as the neighbor cut the branch. The neighbor declined the help, believing that it was unnecessary. However, the client, concerned for her neighbor’s safety, chose to hold the ladder regardless. When the neighbor had finished cutting the tree branch, it fell down onto our client. She suffered significant injuries from the falling branch.

The client went to court with The Haymond Law Firm as her representation. Initially, the insurance company and their lawyers denied any form of liability. At first, the insurance companies refused to offer our client any money, believing that there was no liability for the injuries. Haymond Law fought back and the insurance company agreed to make an offer. They put an insulting $2,500 on the table. It was a nuisance offer, meaning that they thought our client didn’t have a case. But we knew that our client deserved to be compensated for her injuries, so we turned down their initial offer and began to fight back.

The Haymond Law Firm demanded more for the injuries received by our client. We brought the facts of the case to court and proved that our client deserved insurance money for the injuries and pain that she had sustained. In the end, we got the insurance company’s lawyers up to a higher offer. In addition to this, we were able to negotiate a much smaller health insurance lien for the client. This meant money in our clients pocket, and meant that she left satisfied with Haymond Law’s ability to get injured clients the money they deserve.