Case Results, Verdicts & Settlements

Our client was in the process of installing metal siding at a commercial jobsite located in Midtown Omaha when the boom lift he was in came into contact with an energized power line. Our client suffered electrical shock and then plummeted roughly forty feet to the ground. He suffered severe, life-threatening injuries and was hospitalized for over three months as a result.

This case was very complex and involved overlapping legal issues, disputed liability, and multiple defendants. The workers’ compensation insurer also denied work comp benefits, including payment of our client’s medical expenses, making it very difficult for our client to receive the treatment he needed.

Our firm developed a coordinated litigation strategy that included:

• District court negligence claims filed in state court against the general contractor and the local power company for unsafe work conditions and electrical hazards;
• Securing technical expert testimony addressing electrical safety standards, job-site responsibility, OSHA standards, and fall dynamics; and
• A workers’ compensation trial after the insurer refused to accept responsibility.

The result:

• A favorable settlement with the general contractor and local power company on the third-party negligence claims; and
• A trial victory against the workers’ compensation carrier, securing benefits, and most importantly, payment of past medical expenses that the work comp carrier had wrongfully denied.

This case demonstrates the importance of identifying all available sources of recovery. Injuries that occur on the job often require the management of complex and overlapping claims, as well as taking cases to trial when insurance companies refuse to do what’s right.

Key Takeaway: Even when an injury happens on the job, workers’ compensation may not be the only source of recovery. Serious incidents—like an electrical shock and fall from a boom lift—often involve third-party negligence in addition to workers’ compensation (e.g., general contractors, sub-contractors, property owners, utilities). A coordinated strategy can pursue both the third-party personal injury claim and workers’ comp benefits to make sure the injured party is fully compensated for their injuries.