Archive for Workplace Injury lawsuit

When a Workplace Injury Requires Filing a Lawsuit Against a Negligent Third Party

If you have suffered a workplace injury, workers’ compensation may not cover all of your expenses. However, in limited circumstances, an employee who suffers a workplace injury can file a lawsuit against an employer or a negligent third party.

An example would be if there was a safety violation, a dangerous condition, or a toxic substance that caused the injury. Often, these claims occur when there is a negligent third party. You could also sue your employer if they intentionally hurt you or if they don’t carry workers’ comp insurance.

Third-party claims

In the event that an employer doesn’t maintain adequate safety controls, workers’ compensation doesn’t provide punitive damages. That is why is important for injured workers to know their rights and potentially bring a personal injury lawsuit against a third party.

Toxic Substances

If a worker is exposed to a toxic substance such as asbestos, a lawsuit can usually be brought against the manufacturer of the substance. Also, if a worker used safety equipment that didn’t adequately provide protection against the toxic substance, the manufacturer of the equipment can also be held liable for the worker’s injury.

Some injuries caused by toxic substances are immediate, such as a chemical burn. But many times, injuries caused by toxic substances do not appear for a number of years. But even if there is a time delay, injured workers can succeed in winning lawsuits and receiving monetary damages for their injuries.

Hazardous Conditions

Jobs in factories, transportation, and construction are where workers are most likely to be faced with hazardous conditions that could result in an injury.

A factory worker could bring a product liability lawsuit against a manufacturer if the worker suffered an injury caused by machinery that was defective or didn’t work properly. If the manufacturer knew that the equipment or machinery was dangerous, they could be required to provide the injured worker with compensation.

Similarly, a truck driver can bring a lawsuit against a manufacturer of a truck part that is determined to be defective and caused the driver to be injured. If a construction worker is injured on a job site, a claim could be brought against a negligent party, such as an engineer, architect, general contractor or equipment manufacturer.

Seek legal assistance

If you have suffered a workplace injury, you may be eligible for benefits beyond what is provided through workers’ compensation. To receive the benefits you deserve, it is important to seek the assistance of an attorney who understands both personal injury law and the workers’ compensation system.


Record $100-Million Settlement Awarded to Helicopter Crash Survivor

record $100-million settlement has been awarded to a medivac flight nurse who received burns to over 90 percent of their body in a helicopter crash. David Repsher, 47, was a registered nurse for Air Methods Corporation, an emergency medical transport company. The helicopter crashed shortly after takeoff in July 2015, killing the pilot and injuring another flight nurse as well as the catastrophic injuries to Repsher.

The settlement occurred about a month before the case was to come to trial. The helicopter crashed in Frisco, Colorado, about 70 miles west of Denver. The three men were to attend a Boy Scout camp event. No patients were on board.

The case revolved around the fact that the helicopter’s manufacturer, French company Airbus Helicopters SAS, failed to outfit the helicopter with a crash-resistant fuel system. The manufacturer took advantage of a loophole. Crash-resistant fuel systems were mandated for all helicopters certified (not manufactured) after 1994. The U. S. Government found as of November 2014 that eighty-five percent of U.S. registered helicopters manufactured after 1994 lacked crash-resistant fuel systems.

David Repsher’s burns covered over 90 percent of his body. Some of those burns extended down to the bone. Mr. Repsher spent 11 months in a burn intensive-care unit. He’s had over one hundred surgeries. In addition to a permanent loss of hearing, he is permanently disfigured and suffers the functional loss of his hands. He required months of physical therapy to relearn how to eat, swallow, talk, stand and walk.

The $100-million settlement is divided between Airbus Helicopters ($55 million) and Air Methods Corporation ($45 million). In addition to the fuel system issues, the investigation showed that Repsher’s seat was not adequately attached to the helicopter floor causing him to be ejected from the aircraft. The pilot of the helicopter was implicated because he turned off a hydraulic switch that delivered hydraulic pressure for the tail rotor.

Airbus Helicopters is implementing enhanced safety features on all newly manufactured aircraft. Air Methods has replaced the downed aircraft with improved safety features and has retrofitted their other helicopters.

Dave Repsher and his wife, Amanda, have established a foundation which focuses on aircraft safety for medical evacuation aircraft and to help other burn victims.

NHL Predator’s Face Ice Injury Lawsuit

Eric Nystrom was a National Hockey League (NHL) player. As a college student, he played with the Michigan Wolverines hockey team. He was sought after in the 2002 NHL draft with a first-round pick of tenth overall. His father Bob Nystrom, who was born in Sweden and grew up in Alberta, played with the NHL New York Islanders that won four consecutive Stanley Cups.

In 2005, Nystrom turned professional and played with the Quad City Flames, a farm team of the Calgary Flames, an NHL franchise. Nystrom split the 2007-2008 season between the Quad City Flames and the Calgary Flames. Eric Nystrom went on with his NHL career and played with the Minnesota Wild, Dallas Stars, and Nashville Predators. Before the 2017-2018 NHL season, the Predators put Nystrom on waivers and bought out the last year of a four year contract with Nystrom. This action of the Predators against Nystrom effectively ended his NHL career.

Professional hockey is a very tough and somewhat violent sport. There is a high incidence of injuries in professional sports which are both popular and profitable. For instance, Professional sports in California in baseball, women and men’s basketball, hockey, and soccer have produced thousands of work injury claims.

Following Nystrom’ release from the Predators, he sought financial relief for three injuries he suffered playing professional hockey. Nystrom claimed that he suffered from ” permanent partial ” injuries to his hip and leg, on Sept. 3, 2013; a concussion on Nov. 15, 2013; and a back injury on Jan. 12, 2014.

Hockey is as prone to severe injuries like football, and it has been reported that hockey players suffer brain injuries from concussions. The Canadian Medical Journal found that between 1997 to 2004 five hundred fifty-nine concussions were reported in hockey players. The symptoms of a brain injury range from dizziness to blurred vision.

In Tennessee, work injury claims, are subject to provisions of the Workers Compensation Act. Nystrom is seeking a lifetime of medical payments and further economic relief. Not all states recognize that sports injuries are covered under Worker Compensation legislation. In response to Nystrom’s lawsuit, the Predators denied all the allegations in his suit, claimed that it had no knowledge of the injuries, Nystrom was not permanently disabled and the Predators never authorized medical treatment to him.