Workplace Safety Failure Results In Loss of Use of ArmSignificant Settlement for DC Injured Worker

A general contractor or a company with control over a worksite has to provide a safe workplace for all workers on a D.C. jobsite - including workers who are employed by various subcontractors and vendors. When that contractor left the jobsite for a short time without making sure it was safe and secure, it was responsible to any workers still doing work there.

One of those workers, going into the area to see if work needed to be done, tripped and fell over an unsecured piece of construction material that was laying on top on another secured piece so he couldn't see it. The impact caused a serious fracture that requited surgery.  Due to complications, infection, and ultimately nerve damage, several other surgeries were necessary and the worker lost the use of most of his arm.  He doctors said he couldn't go back to work - the only job he held for 22 years. 

The worker sued both the general contractor and the owner to hold them responsible for failing to provide a safe workplace as required by D.C. law.  The case settled before trial for an amount that will help the injured worker take care of his family and future medical care now that he can no longer work because of his injury.

He also received a settlement for D.C. workers compensation from his employer and their insurance company - because he was hurt on the job in D.C. but his injuries were caused by another company or person, he was entitled to both D.C. workers comp benefits and a case against the company that caused the injuries. We call that a third-party claim.

This case and settlement held the companies accountable for providing a safe work place in D.C. and helped the worker make up for the financial harms and losses he suffered.  He will never get full use of his arm back, but he will be able to take care of himself and his family thanks to a big settlement that compensated for his losses.


Frank R. Kearney, Attorney-at-Law
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Experienced DC Workers' Comp, Long Term Disability & Accident Lawyer