In this case we represented two nurses who worked at a major hospital in Western Connecticut. The hospital started a major construction project which included the demolition of a large building in the area where our clients worked. After the construction started, their workplace became dusty, and our clients inhaled the construction dust. They became ill, and had to leave work. They were eventually fired. We prosecuted this case under several theories: First, as a negligence case against the construction company that caused the dust and injuries:
Second, as a Workers Compensation claim since the injury was caused on the job, and our clients were fired for exercising their rights under the Workers Compensation Act:
Third, as a Family and Medical Leave Act retaliation claim since the nurses ended up getting fired due to their absence from work:
Fourth, as a legal malpractice case against the prior lawyer who failed to give the employer proper notice of medical leave.
The case was very complicated, and hotly litigated.
This case was brought in the State of Connecticut, Superior Court in Fairfield. We had to investigate the cause of the dust to prove that the dust infiltrated the plaintiff’s work area. Then we had to hire construction experts to tell us whether the conduct of the construction company was the cause of the dust problem. We had to obtain testing documents to determine the exact levels of the dust. Then we had to obtain photographs of the construction project to pinpoint exactly what the defendants did wrong. We were able to get key photographs of the dust suppression efforts and illustrate why they were not adequate. There were hundreds of photographs. Most importantly, we were able to obtain the defendant’s own manuals and show that the defendants did not even follow their own protocols on dust suppression. We were able to obtain a very favorable settlement for our clients, and they were very happy with our work.
This case is an example of how several different types of law merge together in the context of a serious injury on the job. Here, we dealt with negligence law, workers compensation law, medical leave law, and employment law.
If you, a family member, or a fried believe your rights under the Family and Medical Leave Act have been denied then contact the medical leave lawyers at The Bartinik Law Firm, PC., 45 Pequot Court, Pawcatuck, Connecticut at 860 445 8521
