Massachusetts Workers' Compensation Attorney Case | Joel H. Schwartz, P.C.Joel H. Schwartz, P.C.

Massachusetts Workers’ Compensation Attorney Case

Fall Down in Stairway – Closed Head Injury – $315,000.00

Reported in the Lawyers Weekly

In 1995, the plaintiff’s workplace was undergoing a construction project. While walking down a stairway that she had just ascended moments earlier, the plaintiff slipped on the landing due to the presence of a glue-like substance.

The plaintiff contended that that the contractor did not oversee the project as they were supposed to, which included the area where she fell. There was a lot of dispute over who was responsible for maintaining the area, as well as if there were any barricades shielding the landing from traffic.

The general contractor stated that it was the job of the flooring subcontractor to secure the area. On the other hand, the flooring subcontractor believed that the installer was responsible. Over time, the installer finally agreed that they did construct a barricade to prevent traffic, but they had removed it so that they could finish part of the job. The plaintiff stated throughout that there were no warnings of danger in the area.

During the latter part of 1997, a discovery period took place when all of the involved parties were questioned. During this time the plaintiff stated that she received several injuries in the fall. These included a closed head injury, a concussion, a sprain of the neck, short term memory loss, and fatigue. To go along with this, she also stated that she obtained several bruises and contusions during the incident. For approximately two years, the plaintiff underwent treatment for the injuries.

Due to her injuries, the plaintiff contended that she incurred a loss of wages. In a complicated case, this was one area that was talked about a lot. Immediately following the incident, the plaintiff missed three months of work. After this, she went back to work for a little over two years. At this time the business was sold, and she lost her job. This is when the plaintiff’s physicians stated that she could not find another job due to the closed head injury that she had received years before.

The plaintiff was successful in obtaining a claim for workers’ compensation benefits. She was still receiving these benefits when the case underwent mediation. When everything was said and done, the case was settled for $315,000.

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