If you or somebody you care about has sustained an industrial work injury in or around the Boston area, you should be entitled to Injury claim benefits. Industrial injuries are often severe and can lead to workers incurring tremendous medical bills. At Colucci, Colucci & Marcus, P.C., our dedicated and experienced construction accident team is standing by to help when you need a Boston industrial accident attorney. We will fully investigate every aspect of your case so we can obtain the compensation you are entitled to.
Industrial accidents are typically much more severe than typical work injuries. This is due to the fact that those who work in an industrial setting usually operate around much heavier equipment and in much riskier environments. Industrial accidents can occur in a variety of different settings, including the following:
Injuries that occur in these incidents can vary widely, and the Boston industrial accident team at Colucci, Colucci & Marcus, P.C. regularly helps clients who have sustained the following:
We want to note that industrial accident injury victims could be entitled to compensation through a few different methods. First, all injured workers in Massachusetts are entitled to recover injury claim insurance to cover their medical bills and lost income. Unfortunately, the injury claim system typically bars an employee from suing for any additional types of compensation, including pain and suffering damages.
In an industrial accident, it may very well be possible to file a third-party lawsuit in order to recover compensation. For example, if a Boston construction site worker is injured after a gas line explodes, that employee will certainly be able to recover injury claim benefits. However, the injured employee may also be able to file a lawsuit against the manufacturer of the gas line for providing a defective product.
Industrial accidents in and around Boston are usually caused by a string of reckless or negligent actions of a property owner, contractor, or other company involved in the operation of the industrial facility.
In June of 2009, the plaintiff was a 46 year old truck driver making a delivery to a “big box” store. The defendant in question had a policy whereby drivers were expected to “assist” their employees in unloading merchandise brought to the facility. In this particular instance, the defendant employee was operating a clamp forklift, which would grasp cubes of merchandise and transport them onto pallets. The plaintiff was expected to “throw pallets” and “cut shrink wrap” off the cubes when necessary. The accident occurred when merchandise fell onto the plaintiff as the defendant attempted to place it on the pallet.
The case was originally handled by an attorney who received a pre-suit offer of $18,000.00. The attorney was dismissed by the client when he suggested that the offer be accepted. The case was then given to a second attorney who completed the discovery process and asked for $800,000.00 to settle the matter. Ultimately, the client believed he needed trial counsel and decided to make a switch to this office. Immediately, a motion was filed to reopen discovery, and four separate experts were retained: A worksite safety expert; a vocational rehabilitation expert; an economist; and a neurosurgeon. Plaintiff’s new counsel also took several key depositions which, it was ultimately argued, established liability. In essence, the defendant employee as well as two of his superiors and a company investigator all testified that the employee had mistakenly grasped two cubes of flat-screen televisions instead of one. Consequently, the circumference of the pallet was inadequate to accommodate the girth of the merchandise, causing the load to tumble over and strike the plaintiff. As an offshoot of this litigation, the defendant sued the plaintiff’s employer on a contract action claiming indemnification. This matter was litigated and decided via a summary judgment motion in favor of the defendant. In other words, the defendant remained in the case as the named defendant, but all defense costs and any subsequent settlement or verdict was to be borne by the plaintiff’s employer, who had a self-retention policy obligating them to pay the first million dollars of any resolution. The defendants ultimately made a settlement offer in the amount of $250,000.00 to be paid in ten monthly installments of $25,000.00. This offer was rejected.
The parties agreed to mediate the case in March of 2013. It was not until the actual day of the mediation that the plaintiff learned that the defendant company had undergone a change in ownership and corporate structure which resulted in the excess carrier “dropping down” to provide coverage for this incident. Plaintiff’s counsel argued that the plaintiff had suffered a significant cervical injury that required surgery, all of which was directly related to this incident. The defendant countered by stating the plaintiff should not have been standing where he was at the time of the incident and that although injured, was in no way disabled. At day’s end, the defendant offered $550,000.00. Again, the offer was rejected.
Three weeks prior to trial the parties agreed to engage in a second mediation. After a combined sixteen hours of mediation, the case ultimately settled for $900,000.00.
If you or somebody you care about has been injured in an on-the-job industrial accident, contact the team at Colucci, Colucci & Marcus, P.C. for help with your case today. Industrial accidents often result in severe injuries, and victims need to be able to secure full compensation for their injuries and other losses. Our Boston industrial accident lawyers will get to work investigating your case immediately. Our goal is to ensure you receive all injury claim benefits you are entitled to, including medical bill coverage and supplement for any lost income. If a third party was responsible for your injuries, we will also work on filing a personal injury lawsuit against the negligent party. You can contact us for a free consultation of your case by clicking here.