Austin, TX (Law Firm Newswire) December 23, 2013 – Workplace injuries are extremely common, more so in high-risk jobs such as logging, as this case demonstrates.
“Even though this reported case happened in Virginia, similar incidents happen daily on Texas construction sites. Many of the cases we see involve negligence as being the precursor to an accident,” stated Austin injury lawyer, Brooks Schuelke, of Perlmutter & Schuelke, LLP.
In the case of a Virginia logger, Circuit Court of Greenbrier County Case No. 13-C-181,U.S. District Court for the Southern District of West Virginia Case No. 5:13-cv-24436, the man sustained severe and life-altering injuries in 2011 that resulted in him never being able to work again. He was delivering a large load of logs to the defendant’s paper mill, and as he was unloading, he was hit in the head by a log grappler, pinning his arm and shoulder between the logs. He sustained catastrophic brain injury, nerve damage, severe ear injuries, loss of hearing and vision and other permanent disabling injuries. His life would never be the same again.
Accordingly, the injured plaintiff filed a personal injury lawsuit, asking the court for compensation to cover his over $400,000 in medical bills and lost future earnings of over $1 million. He would also require ongoing therapy to be able cope and learn to effectively manage his traumatic brain injury. The suit cited negligence in the workplace.
“The foundation of the statement of claim is that the individual operating the log grappler was negligent in not paying attention to what was going on while the truck was being unloaded, that if the man had checked before putting the machinery into operation, he would have seen the plaintiff and could have avoided hitting him. But for the negligence of the operator of the log grappler, the plaintiff would still be sound and healthy and working his usual job,” outlined Schuelke.
Often Texas construction workers find themselves in similar situations to the logger in Virginia, sustaining injuries on-the-job as a result of negligence on the job site. “For instance, it is common for workers to be given the minimum in safety training and improper safety gear to carry out their jobs. All it takes is for one worker to be up on scaffolding without the proper protective equipment, have it collapse, and the worker sustains critical injuries, or dies, after plummeting to the ground,” added Schuelke.
Workers who have sustained on-the-job injuries in Texas need to consult with an experienced workplace injury lawyer to find out how they may claim compensation. It is possible to file a lawsuit against a contractor who breached their duty of care to workers by not providing them with the right equipment, proper training and/or safe work areas.
Perlmutter & Schuelke, PLLC
206 East 9th Street, Ste. 1511
Austin, TX 78701
Call (512) 476-4944
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