Fitzsimmons Law Firm obtained a $4.5 Million settlement for an iron worker
who was injured in a surface mining accident during the construction of
a coal silo. The injured ironworker was working on top of a partially
constructed monorail frame when it collapsed during a lift, thereby causing
him to fall approximately 24 feet to the ground. As a result of the fall,
the ironworker sustained severe and permanent injuries to his spinal cord.
The lawsuit was filed in Ohio County, West Virginia.
In the underlying lawsuit, the ironworker alleged that his employer acted
with "deliberate intention" by intentionally exposing him to
unsafe working conditions. Specially, the ironworker alleged that his
employer failed to ensure that the structural stability of the monorail
steel frame was maintained at all times during the erection process; failed
to ensure a workplace free of recognized hazards; failed to properly train
its employees in steel erection; failed to properly train its employees
in the recognition and avoidance of fall hazards; failed to utilize appropriate
fall protection systems; failed to maintain an appropriate comprehensive
mine safety program; failed to conduct appropriate inspections and audits
of the work site; failed to conduct a Job Safety Analysis and/or hazard
assessment; failed to properly plan for the key elements of the erection
process; and failed to maintain a site specific erection plan which required,
adequate site preparation, properly preparing the sequence of erection
activity, providing a description of the steel erection activities and
procedures, evaluating stability considerations requiring temporary bracing,
and providing a description of the fall protection procedures to be implemented
on the job.
The injured worker also brought claims against the manufacturer and designer
of the monorail system for product liability alleging that it designed
and manufactured the monorail system in an unsafe and defective condition
and against the coal operator alleging it negligently controlled the worksite
and failed to provide a reasonably safe place to work.
As part of the settlement, the injured worker also received guaranteed
workers' compensation benefits for the entirety of his life.
Fitzsimmons Law Firm is a plaintiff's litigation firm headquartered
in Wheeling, West Virginia. The Firm has successfully represented workers
injured or killed on the job in a wide variety of cases, including coal
mining accidents, oil and gas drilling accidents, workplace explosions,
construction accidents, fall accidents, and other work related injuries.
The Firm has obtained over $800 Million in verdicts and settlements for
its clients, including more than 150 cases in excess of $1 Million.
Verdicts and Settlements are listed on this website for informational purposes
only. Future verdicts or settlements cannot necessarily be predicted from
prior results. Fitzsimmons Law Firm PLLC makes no guarantee that the same
results could be obtained for other clients in similar matters. Each case
depends on its own unique facts, strengths and weaknesses, severity of
damages/injuries, credibility of witnesses, availability of insurance
coverage, and many other facts that can affect a claim's verdict and/or
settlement amount. Because of this, you cannot assume that the same result
would occur for you in your state under the particular facts of your case.