Case
Results
Third Party Claims
The following list of achievements is a sampling of third party
claims arising out of work related injuries that Gary J. Levine has handled on behalf of his clients. Click
on each case to read a more detailed summary of the facts and result
achieved in each case.
Claim against company for improperly loading material onto
flatbed
Injury: Crush injury to foot
Award/Settlement: $875,000
Case Summary: Client’s employer received a delivery of material on a flatbed truck.
Client was unloading the material when it fell off the truck and landed
on his foot. Workers’ compensation benefits were paid.
A negligence claim was filed against the company that loaded the
material onto the truck. The basis for the claim was that the material
was not loaded in a manner that made it safe for unloading, thus causing
it to fall off the truck. The company denied liability on the grounds
that the material was loaded properly and that client’s employer should
not have allowed its employees to unload the truck if it felt it was
unsafe to do so.
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Claim against general contractor for failing to ensure use of fall
protection equipment
Injury: Multiple fractures, abdominal and head injury
Award/Settlement: $650,000
Case Summary: Client was employed by a sub-contractor who had a contract with a
general contractor to perform work on the exterior of a building. Client
was working without fall protection equipment when he fell from the
third floor ledge of the building. Workers’ compensation benefits were
paid.
A negligence claim was filed against the general contractor for its
failure to ensure that fall protection equipment was provided for use by
client. The general contractor claimed that fall protection equipment
was available for client but client refused to use it.
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Claim against employer’s automobile insurance company and driver of
automobile for auto accident
Injury: Herniated disc
Award/Settlement: $540,000
Case Summary: Client was involved in an automobile accident. Workers’ compensation
benefits were paid. A negligence claim was filed against the owner of
the car that hit client.
The owner of the car did not carry sufficient insurance to fully
compensate client for his injuries. Therefore, claims for underinsured
motorist coverage benefits were filed under client’s automobile
insurance policy and under his employer’s automobile insurance policy.
The employer’s insurance company denied coverage on the basis that
client cannot make a claim against the employer for a work related
injury. A lawsuit was filed on client’s behalf against the insurance
company seeking a court order requiring coverage on the basis that
client’s claim is not against the employer for negligence but against
its insurance policy under which client is insured as an employee. The
lawsuit was successful in allowing client to recover under the
employer’s automobile insurance policy.
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Claim against general contractor for failure to ensure safe worksite
Injury: Carbon monoxide poisoning
Award/Settlement: $300,000
Case Summary: Client was employed by a sub-contractor that had a contract with a
general contractor to perform work on the interior of a building. Client
was working in an enclosed area in the vicinity of gasoline powered
equipment that was provided by his employer. Client was injured through
inhalation of carbon monoxide fumes from the equipment. Workers’
compensation benefits were paid.
A negligence claim was filed against the general contractor for its
failure to ensure that a safe work environment was provided for client
by the sub-contractor.
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Claim against employer’s automobile insurance company for hit and run
auto accident
Injury: Corneal laceration and post-traumatic cataract
Award/Settlement: $200,000
Case Summary: Client was injured in a hit and run auto accident while he was
traveling from his home to a repair shop to pick up a company vehicle.
Workers’ compensation benefits were paid.
A claim for uninsured motorist coverage benefits was made against the
automobile insurance companies that provided coverage to client,
client’s employer and client’s child who resided with client. This was
not technically a third party claim because the claim was not against
the person who caused the accident. The claim was against insurance
policies under which client was insured, including the insurance policy
of his employer.
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Claim against owner of premises for failure to maintain property
Injury: Neck and rotator cuff tear
Award/Settlement: $87,000
Case Summary: Client slipped and fell on ice outside of the building where he was
employed. His employer was the only occupant of the building. The
building was owned by a company that was separate from his employer.
Workers’ compensation benefits were paid.
A negligence claim was filed against the owner of the building for
failing to keep the area outside of the building free of snow and ice.
The owner of the building denied liability on the grounds that it had a
contract with client’s employer stating that client’s employer was
responsible for snow and ice removal in the area where client fell.
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Claim against elevator company for failure to maintain elevator
Injury: Carpal tunnel syndrome
Award/Settlement: $54,000
Case Summary: Client tripped and fell while exiting the elevator in a building
owned by the employer. Workers’ compensation benefits were paid.
Client tripped when the elevator door did not open level with the
floor. The basis for the negligence claim was that the malfunction
was due to negligent maintenance of the elevator. A negligence claim
was filed against the company that was responsible for maintenance
of the elevator. The maintenance company denied liability on the
grounds that it had serviced the elevator on numerous occasions
before client fell and recommended repair work to client’s employer
but client’s employer refused to have repair work done.
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