In 2020, a 48-year-old cement finisher suffered serious injuries in a fall on a construction site in Boston, Massachusetts. Shortly after his fall and injuries, this worker hired Framingham workers’ compensation attorney, Chuck Pappas, to help him with his claim. Attorney Pappas was able to make sure this client received the workers' compensation benefits he deserved. Attorney Pappas was also able to secure a $160,000 lump sum settlement for this injured worker.
Fall on a Boston Construction Site Caused Severe Injuries
On a cold day in 2020, our client was on the job working as a concrete finisher on a construction site for a new commercial building in Boston, Massachusetts. A concrete finisher is a skilled laborer in the construction industry. Concrete finishers are responsible for smoothing and finishing concrete surfaces to complete construction projects. These jobs require a variety of tools and equipment.
On the day of the work accident, our client was carrying very heavy tools and was walking over a concrete barrier. Unfortunately, this worker accidentally tripped and fell to the ground. He attempted to brace for his fall with his left arm. This resulted in injuries to his left upper extremity (or left arm).
Overview of the Injuries and Necessary Medical Treatment
Immediately after the fall, this worker was taken to the emergency room of a Boston, Massachusetts hospital with complaints of left shoulder and elbow pain. X-rays were taken, which showed a fracture in the olecranon (the elbow area). The worker was then referred to an orthopedic surgeon for further evaluation.
The orthopedic surgeon ordered an MRI to be taken of the worker’s shoulder and elbow due to his complaints and the doctor’s examination. The MRI revealed an avulsion fracture of the olecranon and a biceps tendon tear. Initially, conservative treatment care of physical therapy and pain management was recommended. When conservative treatment failed, the orthopedic surgeon suggested surgery. The worker then had surgery to repair his elbow injuries.
The worker was also referred to a shoulder specialist to evaluate his shoulder injury and complaints. The orthopedic shoulder specialist had an MRI taken of the worker’s shoulder, which showed left biceps tendinopathy and suspected type II SLAP tear. The shoulder specialist wanted to wait until after the elbow surgery to address the shoulder injuries. However, the worker did begin a conservative course of care for his shoulder in the meantime. After the worker had mostly recovered from his elbow surgery, the orthopedic shoulder specialist performed the shoulder surgery.
After the surgeries and lengthy post-surgical treatment and care, although this worker made a decent recovery, the worker was not able to recover to his pre-injury condition.
The Massachusetts Workers’ Compensation Claim
This worker hired Attorney Pappas because he was concerned about not being able to return to work after his fall. This is always a major concern for injured workers in Massachusetts. When you are hurt on the job, you may not be able to return to work to earn wages to support yourself and your family. However, the monthly bills do not stop coming in the mail. This is precisely why workers’ compensation insurance coverage was put in place.
The Workers' Compensation Act requires employers to provide Workers’ Compensation insurance coverage to all their employees. This Act makes sure that workers are protected by insurance if they are injured on the job. Workers’ compensation benefits are considered no-fault benefits. This means that, regardless of fault, the injured worker is eligible for compensation. As in this case, the fall may have been considered to have been the worker’s fault, regardless, he was still entitled to worker’s compensation benefits.
Attorney Pappas worked diligently with the workers’ compensation insurance company to make sure that this injured worker received the full amount of temporary total disability benefits (the weekly workers’ compensation checks) while he was out of work recovering from his injuries. We also fought to make sure our client received the medical treatment he deserved and that workers’ compensation covered the costs.
At the end of this worker’s treatment, his doctors determined he had reached a maximum medical improvement (MMI). While he had made a decent recovery, the doctor determined that he had a permanent impairment in his shoulder.
Attorney Pappas worked with medical experts to determine the full extent of this worker’s injuries and impairment. This was crucial to negotiating and obtaining the very favorable lump sum settlement of $160,000. In the end, this worker was able to receive nearly all of his future weekly workers’ compensation benefits through a lump sum settlement. This settlement was presented to a judge at the Massachusetts Department of Industrial Accidents. The judge found the settlement to be in the worker’s best interest and approved the settlement.