In this case we represented two nurses who worked at a major hospital.  The hospital started a major construction project which included the demolition of a building in the area where our clients worked.  As they worked, due to the demolition and construction, their workplace became dusty and the nursed inhailed the contruction duest.  They became ill, had to leave work, and were eventually fired.  We prosecuted this case under several theries:

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 clinets 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.  We dust air quality testing levels from the contruction project. Then we had to hire contruction experts to tell us whether the conduct of the contruction company was the cause of the dust problem.  We had to obtain testing documents to determine the exact levels of the dust.  Then we have to obtain photographs of the contruction project to pinpoint exactly what the defendants did wrong.  We were able to get key photographs of the dust supresson 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 protocals 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 deal with negligence law, workers compensation law, medical leave law, and employment law.

If you or anyone you know has been seriously injured, and the case seems of involve several types of law or seems complicated then you should consult with a lawyer who has the experience to handle that type of case.  Feel free to call The Bartinik Law Firm, PC., 100 Fort Hill Road, Groton, Connecticut at 860-445-8521 or toll free at 888-717-4211.

 

 

$210,000.00