Workers Compensation-Violation Of A Specific Safety Requirement-PTD

by michael on May 3, 2014

Our client was a 40 year old boilermaker who was being hoisted by means of a float inside an 80 foot high smokestack to seal ducts when the float suddenly fell approximately 40-50 feet to the bottom of the stack.The client suffered serious injuries including a fractured pelvis, fractured leg, fractured sacrum, fracture of the lumbar spine and a ruptured bladder.An Application for Violation of a Specific Safety Requirement(VSSR) was filed with the Industrial Commission.After multiple hearings, the Industrial Commission found that the injured worker’s injury was the result of the employer’s failure to comply with the factor of safety in regard to scaffolds and their component related to the construction industry. The maximum additional award of compensation of 40% was granted.This maximum award was tacked on to the employee’s temporary total compensation and permanent partial disability award.The client was able to return to other type of employment.Eventually we had his claim further allowed for an altered gait which caused an ongoing aggravation of osteoarthritis of the left knee.The client underwent a total knee replacement and could not return to work.A Motion for Permanent Total Disability was filed and eventually granted by the Industrial Commission for lifetime payments.The VSSR award was added to the PTD compensation.

 

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