Fitzsimmons Law Firm recently obtained a $5.1 Million settlement on behalf
of its client who sustained severe and debilitating injuries when he became
engulfed and entrapped by materials while working inside a vessel. According
to the Complaint, the defendants failed to classify the vessel as a permit
required confined and take necessary safety precautions before requiring
workers to work inside the structure.
In the underlying lawsuit, the plaintiff asserted a claim against his employer
alleging that his employer acted with "deliberate intention"
by intentionally exposing him to unsafe working conditions by,
inter alia, failing to ensure and require that non-entry methods were utilized to
perform work inside the vessel; failing to evaluate the worksite to determine
if the vessel was a confined space; failing to classify the vessel as
a confined space and/or permit required confined space; and failing to
implement and develop confined space protocols and/or permitting for work
being performed inside the vessel. The injured worker also brought claims
against two third parties whom the plaintiff alleged controlled and were
involved in the safety and operations at the jobsite.
As a result of the incident, the plaintiff sustained severe and catastrophic
crush injuries and required numerous surgical procedures and extensive
medical intervention. The plaintiff also incurred psychological and emotional
trauma. After intense rehabilitation, the plaintiff attempted to return
to work but was unable to meet physical demands of his job.
The plaintiff sustained medical bills, future medical bills for necessary
care and treatment, lost wages, future lost wages and benefits, lost earning
capacity, and lost household services. The injured worker also sustained
human and intangible damages such as pain and suffering, loss of capacity
to enjoy life and engage in normal activities, and mental anguish. The
plaintiff's wife also asserted a claim for loss of consortium.
The total amount of the settlement was $5.1 Million, Additionally, as part
of the settlement, the employer waived its right to seek subrogation for
the amount of workers' compensation benefits paid.
Fitzsimmons Law Firm is a plaintiff's litigation firm headquartered
in Wheeling, West Virginia. For decades, our trial lawyers have stood
up for workers' rights and successfully represented injured workers
in a variety of claims, including construction accidents, industrial accidents,
coal mining accidents, drilling accidents, workplace toxic exposure, and
oil and gas accidents with record results. Our firm has obtained nearly
$850 Million on behalf of our clients in individual claims and have over
160 recoveries in excess of $1 Million. Our firm has lawyers licensed
to practice in West Virginia, Ohio, and Pennsylvania.