Personal injury attorneys who represent the victims of traumatic brain injury never feel satisfied that their client received just compensation-no matter how large the settlement. As Grazian and Volpe has expounded on numerous occasions on myaccidentlaw.com/blog – the extent and ramifications of any serious brain injury is not always readily apparent and quantifiable and may not be fully known until decades after the victim sustains the injury. We were unhappy to read of a recent California settlement involving a 19 year old worker who fell through a skylight unto a concrete floor 35 feet below. The young worker was an employee of a HVAC contractor who had been hired on a renovation project that included adding air conditioning units to an existing building. The worker tripped while on the roof causing him to fall through the skylight. He suffered a traumatic brain injury including a a skull fracture, intracranial hemorrahage, multiple blunt-trauma injuries and bilateral fracturs to the tibia and fibula. As a result of the brain injury, he suffers from difficulty concentrating, trouble processing complex information, short-term memory loss, blurred vision, headaches, impaired balance and numbness to his scalp. Since the accident he also suffers from anxiety and depression. His past medical expenses totaled about $302,400 and his future medical expenses and life-care costs are estimated at about $590,900.00. The young man attempted to return to work after two years but was unable due to his resulting physical limitations.
He sued the the construction company which had contracted his employer alleging that the company has violated Occupational Safety and Health Administration regulations by failing to provide personal fall protection, guardrails and skylight covers. The parties settled for $965,000 and the worker’s compensation carrier waived its lien of approximately $276,200.00.
As Chicago Workplace Injury attornerys of over 25 years, Grazian and Volpe has striven to keep our clients aware of the requirements and safety standards and precautions which their employers should follow-see myaccidentlaw.com articles filed under “workers’ compensation”. Unfortunately, employees cannot always count on employers to follow safety measures or be aware of dangerous conditions. The young man in California will suffer his entire life for the negligence of another and no settlement will ever restore him to his physical state before the his accident. Grazian and Volpe would prefer that all their clients stay safe but when they can’t-they know that Grazian and Volpe will obtain the best outcome possible for them and their loved ones.