$4.5 Million Settlement Obtained for Ironworker Injured in a Surface Mining Fall Accident
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.
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