Legs crushed at car auction results in settlement
Posted by: Doug in Auto Accidents, Disability, Workers CompensationWorking in a car auction house can be dangerous. An ABRAMS LANDAU client was able to get a substantial workers comp settlement after having her legs crushed as she was helping to prepare a vehicle for sale.
The claimant was an Auction Company’s employee who suffered severe crush injury to her legs when another employee struck her while moving a car at a Dulles public sale site. Because the driver was a co-worker, there was no third party negligence case. Such a “liability” case can be brought where the negligent party is a “stranger to the workplace.” Where the person who is “at fault” is a co-worker, the boss or some other person in the “chain,” then Virginia law does not allow a lawsuit or jury trial if the company has workers comp insurance. The co-worker is protected by the “umbrella” of workers compensation. More about what you can do in “Can you SUE if you’re hurt on the job, or is WORKERS COMP all you can do ?”
In a unique case like this, ABRAMS LANDAU was brought in by other lawyers who do not specialize in personal injury or workers compensation clams. Doug Landau worked with Robert Nicoli, Esquire of Dain, Walker, Nicoli & Sobhani, of Reston, Virginia. In order to protect this non-English speaking woman’s rights, the lawyers proceeded to prosecute her workers comp claim. This working mother suffered severe injuries to her legs when she was pinned between 2 cars. After several surgeries, she underwent a functionacl Capacity Evaluation (“FCE”). This special medical exam tests an injured worker’s physical abilities after an injury. The FCE revealed that our client could once again perform the physical duties of her job. However, this young woman did not want to return to her former occupation. As the employer’s lawyers were preparing to cut off our client’s compensation benefits, Doug Landau was able to take steps to ensure that the client got her benefits, without her having to return to the Auction House. The 25 year old client was able to settle her claim for a lump sum of $77,500.00 and open medical benefits for life, after collecting over $40,000 in wage loss benefits and significant surgical care. If you or someone you know has had an accident on the job, with serious, permanent injuries, call ABRAMS LANDAU in Herndon, Virginia, at once. Time is of the essence in protecting injured workers’ rights.
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