When a person is injured on the job in an accident caused by the negligence of a person employed by a different company, it is possible to collect both workers compensation and personal injury.
In Shared Space Forklift Driver From One Company Runs Over Worker From Another Company
In this case, our client worked as a laborer for a company that manufactured counter tops. The company was a shared space location which housed other manufacturers, each with their own employees. While walking in the common dock area, a fork lift driver employed by another company backed up and ran over our client, CA’s, foot, resulting in a Lisfranc (midfoot) fracture.
$17,000 Workers Compensation Settlement
Surgery was required, and CA was out of work for a few weeks, but soon made a complete recovery. Based on his average weekly salary, CA received $17,000 in settlement of his workers compensation case, equal to 20% loss of a foot.
It is understood that the value of a workers compensation case depends on, and is limited by, an injured workers average weekly salary, the part of the body injured and type of injury. Negligence does not have to be proven, which makes winning a workers compensation case easier than a personal injury case.
Additional $100,000 Settlement Due to Negligence
As CA’s injury was caused by the negligence of a forklift driver employed by a different company, we filed a personal injury suit against that company. We were able to prove negligence as the fork lift driver backed up without looking or sounding a back up light/horn, while driving in a busy dock area. The limitations of workers compensation do not apply in a personal injury case, and we were able to settle CA’s case for $100,000.
If You've Suffered Serious Injury, Contact Us to See If You Have a Case
The veteran team of Lipkin & Apter lawyers is available to assist with your case. From our office in downtown Chicago, we offer free consultations to review the details of your potential case. Let our knowledge and experience of the legal system protect your rights. Complete our online contact form, call us during weekday business hours at (312) 635-5779 or engage a LIVE chat team member via the pop up form on your screen.