BenGlassLaw Personal Injury Legal Team Secures $950,000 Settlement After Worker’s Compensation Legal Fight
Our 42 year old client was on a delivery to a factory in the western part of the state when a 500 pound garage door broke and fell on him, hitting him on the shoulder. The force of the impact caused fractures to his shoulder, ribs, back, femur and heel.
He was hospitalized and then was off work for over one year. When he returned to work he was able to do so on a part time basis and it is expected that he will eventually have to change jobs to accommodate his inability to fully bear weight on his injured heel.
This BenGlassLaw client found the law firm on recommendation of a friend. He then checked out the BenGlassLaw website and our online personal injury reviews before giving us a call.
The Premises Liability Claim for the Injury Caused by the Garage Door
The lawsuit was against the owners of the building that he was making a delivery too.
The insurance company-hired lawyers raised the defense that our client was a borrowed servant of the defendant, thus only eligible for worker’s compensation benefits, which would have severely limited his recovery.
The borrowed servant doctrine in Virginia workers’ compensation law addresses situations where an employee is temporarily assigned to work for a different employer, often referred to as the borrowing employer, while still being employed by their original employer, known as the general employer. This legal principle helps determine which employer is responsible for providing workers’ compensation benefits if the employee is injured while working for the borrowing employer.
Key Elements of the Borrowed Servant Doctrine
1. Control: The doctrine hinges on which employer has control over the employee at the time of the injury. If the borrowing employer has control over the employee’s work activities, they may be deemed the responsible employer for workers’ compensation purposes.
2. Consent: The doctrine also considers whether the employee has consented, explicitly or implicitly, to work for the borrowing employer. This consent may be inferred if the employee voluntarily follows the instructions of the borrowing employer.
3. Employment Relationship: The doctrine examines whether an employment relationship exists between the employee and the borrowing employer. This includes factors such as who provides the employee’s tools, where the employee reports for work, and who has the power to fire the employee.
Application in Workers’ Compensation Claims
In Virginia, if an employee is injured while working under the control and direction of a borrowing employer, that employer may be held liable for workers’ compensation benefits. However, the original or general employer may also be held liable, especially if they retain some control over the employee or if the injury occurred while the employee was performing tasks benefiting the general employer.
Joint Liability
In some cases, both employers may be held jointly liable for workers’ compensation benefits. This joint liability ensures that the injured employee receives benefits even if there is a dispute over which employer should be primarily responsible.
Importance for Employers and Employees
For employers, understanding the borrowed servant doctrine is crucial when entering into temporary staffing arrangements or when employees are loaned out to other companies. Properly defining roles and responsibilities in these situations can prevent confusion and disputes over workers’ compensation liability.
For employees, the doctrine provides a safeguard, ensuring they receive benefits regardless of which employer they are temporarily working for when an injury occurs. It also underscores the importance of clarifying employment relationships and understanding who controls their work activities.
The Medical Bills and the Settlement
His past medical bills were about $60,000 and it is likely that he will need surgery in the future. He had lost about $35,000 in wages and it was projected that his future wage loss would amount to about $280,000 due to the need to work only part time and then eventually change jobs. The case settled one week prior to trial, through mediation.
Mediation is an alternative dispute resolution process used in civil legal cases to help parties reach a mutually acceptable agreement without going to trial. In mediation, a neutral third party, known as a mediator, facilitates discussions between the opposing parties to resolve their differences.
Key Features of Mediation
- Neutral Facilitator: The mediator does not take sides or make decisions for the parties. Instead, they help facilitate open communication, identify issues, and explore possible solutions.
- Confidential Process: Mediation sessions are typically confidential, meaning that discussions during mediation cannot be used as evidence if the case proceeds to trial. This confidentiality encourages parties to be open and candid in their discussions.
- Voluntary Participation: Participation in mediation is generally voluntary, although some courts may require mediation as part of the litigation process. Parties retain control over the outcome and can choose to accept or reject the proposed settlement.
- Collaborative Environment: Mediation provides a collaborative setting where parties can work together to find a solution that meets their needs. This environment often fosters creative solutions that might not be possible in a courtroom setting.
- Flexible Outcomes: The resolution reached in mediation can be more flexible and tailored to the parties’ specific needs compared to a court judgment. The parties can agree on solutions that a judge may not be able to impose.
Benefits of Mediation
- Cost-Effective: Mediation is often less expensive than going to trial, as it typically involves fewer legal fees and court costs.
- Faster Resolution: Mediation can resolve disputes more quickly than the traditional court process, which can be lengthy and time-consuming.
- Less Adversarial: The collaborative nature of mediation helps preserve relationships, making it particularly useful in disputes where parties have ongoing relationships, such as family, business, or neighbor disputes.
- Greater Control: Parties have more control over the outcome in mediation, as they work together to create a mutually beneficial solution.
Mediation is a valuable tool for resolving civil legal cases, offering a collaborative, confidential, and flexible approach to dispute resolution. It allows parties to control the outcome and often results in faster, less costly, and more amicable solutions than traditional courtroom litigation.
Brian Glass leads the personal injury division of BenGlassLaw.
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