$184,200 For Workers Compensation Claim From Slip And Fall

Written by Charles J. Gale. Posted in Work Injuries

workers-compensation

Our office recovered $184,200.00 for a Workers Compensation Claim from a slip and fall involving a 51 year old employee injuring both shoulders.

The incident was something that happens almost every day at work, a slip and fall. In this case, the employee was walking on a surface he thought was dry. Unknown to the employee, the surface was wet and slippery, causing the employee to slip and fall backwards. As he was falling, he tried to break the fall with his hands behind him. The result were bi-lateral shoulder injuries, specifically, ligament tears to both shoulders.

In many minor workers compensation injuries, the employer will often not contest that the slip and fall is work related. As a result, the employee will receive his weekly benefits, usually two-thirds of his salary. In addition, the employee will have all of his medical bills relating to the injury paid.

But the rights of the injured employee do not stop there. The employee has the right to receive compensation for the injury itself, or the permanency of the injury. This amount is in addition to the weekly benefits and the medical bills. If the employee does not recovery this third benefit, he is not receiving full compensation for his injuries. And if the employer does offer compensation for this third benefit, many times the amount the employee does recover is only a fraction of what he should recover.

The compensation for permanency is usually highly contested. The employer will argue, naturally, that the employee has recovered fully from his injuries. He is as good as new. In fact, the employer will point out that the employee is back working at his old job.

In fact, for most injuries the employee is not “as good as new.” The medical records will usually indicate the extent of the permanency. This may be reflected in the loss of range of motion of the limb, or the loss of strength, or the inability to work at full capacity. In short, if the employee is going to receive compensation for permanent injuries, he must prove that he has sustained permanent injuries. And, the employer will be doing everything he can to prove that the employer does not have permanent injuries, or if he does, the permanency is minor.

If you have been injured at work, and you believe you have sustained permanent injuries, call the law firm of Charles J. Gale, P.C.W

 

 

$284,000 for Workers Compensation Claim

Written by Charles J. Gale. Posted in Work Injuries

workers-compensation

Our office recovered $284,000.00 for a 51 year old employee injured at work when the chair she was sitting in collapsed, causing injuries to the lower back.

The employee was never able to return to work and continued to receive, in addition to the above settlement, weekly disability benefits for years after the incident.  It was only after the settlement of the claim did the weekly benefits end.

The employer disputed the nature and extent of the injury, the necessity of the medical treatment, the duration of the injury and the pre-existing conditions that may have contributed to the disability.

In this particular case, the employee sustained an annular tear at L5-S1 with bi-lateral lower extremity radiculopathy.    Treatment included multiple epidurals at various levels, including L5-S1, L2-3, L3-4, L4-5, and again at L5-S1.  This was followed by a two level posterior lumbar fusion at L4-L5 and L5-S1, laminectomy, partial facetectomy, with posterior segmental instrumentation with local graft and allograft.  Complications from the surgery resulted in yet additional surgery to drain a lumbar wound infection.  Finally, a laminectomy and discectomy at L5-S1 on the left was performed.  In addition, treatment included numerous MRI’s, C.T. scans, therapy, and examinations.  The employee was eventually diagnosed with failed back syndrome.

The employee was off work and received medical treatment for over nine years.  Throughout this time, the employee continued to receive her weekly workers compensation disability benefits.  However,  the employer contested and disputed various elements of the claim, including various aspects of the injury, the treatment, the disability, and of course the value of the claim.

In long-term cases like this, failure to obtain an attorney would certainly put the employee at a disadvantage to the employer.  At almost every stage of the medical treatment, the employer was disputing the necessity of the treatment, the diagnosis, the ability to work, the significance of pre-existing back injuries, etc.  And, because the employee was a low salaried cafeteria employee, the value of her workers compensation benefits and claim was limited.  Workers compensation benefits are based upon the amount of the employee’s salary.  So, a low income employee with the identical injury as a higher income employee will receive less compensation for her injuries than the higher income employee.

If you have been injured at work, and you have sustained serious injuries, including surgery,  you have the right to a large compensatory claim.  Our office has recovered many large awards for workers with serious injuries that required surgery.  If you believe you have sustained a serious injury, call the Law Firm of Charles J. Gale, P.C.

 

$350,000 for Employee Slip and Fall at Work & Third Party Claim

Written by Charles J. Gale. Posted in Third Party Claim, Work Injuries

slip-and-fall

Our office recovered $350,000.00 for an employee slip and fall at work & third party claim. This recovery was not from a workers compensation claim, but rather from a third party claim.

Many times employees injured at work do not know that not only do they have a workers compensation claim, but that they also have a third party claim. They have two claims. And, failure to pursue both claims can be a terrible mistake.

The facts of the case are all too familiar. Our client, a 51 year old, while at work and on duty, was simply walking on what he thought was a dry surface. Instead, the floor he was walking on was wet and slippery and the employee slipped and fell. Like most slip and falls, his feet went forward as his head went backward. He tried to break the fall by placing both his hands behind him. The result was an injury to both shoulders, specifically; ligament tears at each shoulder joint.

This type of injury is obviously a workers compensation claim.

But, more importantly, this injury is also a third party claim. Specifically, the wet floor was caused by a third party, someone who was not a co-employee. This happens very frequently for work injuries. And, if a third party can be found to be the cause of the injury, the employee will now have two causes of action. One, a workers compensation claim. And two, and much more importantly, a third party claim.

Our recovery in the third party claim, $350,000.00, was much larger than the recovery in the worker compensation claim. There are many reasons for this. First, there is a statutory limit in the amount of the recovery in a workers compensation claim. In a workers compensation claim, your recovery is limited to a multiple of what your wage rate is. There is no such limit in a third party claim. In addition, in a workers compensation claim, your recovery for pain and suffering is zero dollars. Yes, you can claim nothing for pain and suffering! But, in a third party action, that same injury can result in a huge recovery for pain and suffering.

If you are injured at work, and a third party may be the cause of your injury, then you may have a third party claim. This means you have two claims. One, a workers compensation claim. Two, a third party claim. Call the law offices of Charles J. Gale, P.C. if you think that you may have a third party claim as the result of your work injury.

 

 

 

 

$100,466.00 For Construction Worker Injured At Construction Site

Written by Charles J. Gale. Posted in Construction Site, Work Injuries

construction workers on steel beam

 

Our office recovered $100,466.00 For Construction Worker Injured at Construction Site when a concrete frame support fell, striking the employee and injuring the employee’s lower back.

Injuries at work are all too common.  In this case, the employee, a construction supervisor, was simply viewing the work site when, with no warning or notice, the frame support fell and landed on the employees back.  The employee sustained a severe back strain/sprain.

The employer did not contest the incident or the fact that the incident was work related.  As a result, the employee received his weekly benefits, two-thirds of his salary. In addition, the employee received full medical coverage and payment for all of his medical bills.  In fact, for most workers compensation claims, the employer does not contest the payment of the workers wage benefits or the payment of the medical bills.  But this is not to say that the employer agrees with the nature of the injury, the extent of the injury, the permanency or lack of permanency of the injury, the need for future medical care, the ability of the employee to return to work at his prior position and duties and when or if the employee can return to work full duty.

In this case, our office was able to obtain $100,466.00 For Construction Worker Injured at Construction Site for a  back sprain.  There was no surgery.  In fact, surgery was not even recommended.

In the overwhelming majority of the cases, a simple un-operative back sprain is not a large claim.  The argument is simple.  If the injury was severe, there would have been surgery.  But in this case, we were able to prove that the injury was severe.  So severe that the employee, despite having a simple back sprain, would not be able to return to his prior position.  We were able to prove that the employee would not be able to perform his prior duties.  Because of this, we were able to recover a large settlement for the employee.

If you have been injured at work, and you did not have surgery, you may still have the right to a large compensatory claim.  Our office has recovered many large awards for workers injured at work with no surgery and no recommendation of surgery.  If you believe you have sustained a serious injury, call the Law Firm of Charles J. Gale, P.C.

 

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Law Offices of Charles J. Gale, PC
14007 South Bell Road, Suite #254
Homer Glen, Illinois 60491

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