Workplace Injury Attorney in Louisville, KY

Representative Work Injury Case

The following case summary is an illustration of a case we have personally handled and litigated representing work-related injuries. It is provided for illustrative and informational purposes only, and is not meant to offer legal advice or intend to take the place of consultation with a qualified attorney with the requisite expertise and experience in these matters. These cases are only a sampling of the actual cases we have handled. While some cases may be similar, each case involves unique parties and specific facts, and the application of those facts to the controlling law may differ significantly depending upon the circumstances. No results or outcomes can be guaranteed in any case.

Charles L.

Charles L., a 52-year-old male, was working in Calvert City, Kentucky, at a facility called Egg Drop Inn, a chicken processing plant. For the previous five years, Charles had been an “on again, off again” employee of Egg Drop Inn. A feed pipe in the barn area of Egg Drop Inn often required repairs, typically a few times each year. An outside inspection company, employed to inspect the facility weekly, usually informed the owner when the pipe needed repair because it was leaking. Duct tape was often used to fix the pipe. No policies or procedures regarding repairs to the pipe were in place, nor were employees given a safety plan or training related to same. In fact, employees would often climb the pipe to make repairs. The owner was aware of this and never told employees not to do so. The feed pipe was accessed by a platform approximately eight feet off the ground, and the hopper is an additional seven feet above the platform. As Charles was climbing down the ladder from fixing the pipe, he reached for a board, identical to those on which employees were expected to stand when inspecting the hopper. The board broke and caused Charles to fall 15 feet to the ground, striking his head and shoulder. Charles was transported to the hospital via ambulance and diagnosed with blunt force trauma to the chest and head, two fractured ribs and a collapsed lung. Charles underwent a surgery to allow for a chest tube to be inserted. The following day the chest tube had to be repositioned. A second surgery was performed approximately 10 days later; Charles underwent a third surgery to allow for a double-lumen endotracheal tube to be inserted into his chest. Charles was hospitalized for over one month. Mr. Jones did not maintain workers’ compensation insurance coverage for the employees at Egg Drop Inn.

Our office was retained to pursue a personal injury action on Charles’ behalf. As the owner and operator of his farm, the employer was aware that Charles occasionally worked on the farm, acquiesced in this conduct, which was beneficial to him, and had a supervisor with authority to request others to do work in the plant. No offers of settlement were made prior to filing the lawsuit. A lawsuit was filed against Egg Drop Inn and Ohio Casualty insurance company in Marshall Circuit Court in Marshall County, Kentucky. The case was mediated, and a confidential settlement was reached.