One day, a 58-year-old male went to work as usual—but the day turned out to be far from ordinary. The man worked in a concrete mixing plant. On the day he was hurt, it was his responsibility to inspect the giant batch mixer. During the inspection, his legs fell through a trap door and got tangled in the mixer’s arms.
He suffered multiple fractures in both legs and a hand injury. He was immediately taken to the hospital for surgery followed by nine months of physical therapy. He received workers’ compensation during this time. However, at the end of his physical therapy, he still couldn’t walk without a walker.
His Employer Didn’t Believe He Was Permanently and Totally Disabled
Our client’s life was changed forever, but his employer thought he was exaggerating his injuries and that he could walk without a walker. The physical therapist disagreed with the employer and said that our client could only walk short distances without a walker. Yet, the employer maintained that even if our client couldn’t go back to his old job, he could find other work.
We sued, arguing that our client had a total and permanent disability according to Nebraska workers’ compensation law. The employer took our client’s deposition and had him followed by a private investigator, but the employer could not find any inconsistency in our client’s story. As the case got close to trial, the employer asked to mediate the case, and eventually settled our client’s claim.
The Settlement Secured Our Client’s Future and Allowed Him to See His Son
By the time our client’s case was resolved, he had already received more than two years of workers’ compensation benefits. Our settlement:
- Guaranteed all future medical payments related to his leg and hand injuries
- Resulted in a $369,800 award for future disability
Our client is a United States citizen who only speaks Spanish. His ex-wife and only child, a 10-year-old son live in Mexico. While he was out of work, our client couldn’t afford to travel to Mexico to see his son. He went nearly two years without direct contact with his family. This settlement changed that. Now, our client can visit his son, continue developing a relationship, and contribute to the boy’s emotional and financial needs.
Let Us Protect You and Your Family After a Work Injury
As a Nebraska worker, you deserve to be treated fairly after a work accident, just like our client did after his serious workplace injuries. We will fight for your recovery of benefits and prepare for trial in case a fair settlement can’t be reached. Contact attorney Matthew Lathrop today for a free consultation about your rights and to learn more about how we can help you through this difficult time.