We fight for your rights to workers’ compensation benefits and provide direction in determining whether an additional workplace injury claim can be filed against a third party for maximum compensation.
Desk Chair Injury | General Negligence Settlement
Settlement for a woman who while attempting to sit down in her chair at work, fell face forward hitting her head on her desk because the carpet underneath her chair had bunched up and caught the wheel of her chair. Boughter Sinak, LLC represented the client in both her workers' compensation and third party claim against the landowner for failure to maintain its premises in a reasonably safe condition. Liability was strongly contested with the landowner arguing that it was the responsibility of the Plaintiff's employer, State of Indiana, to provide chair mats to prevent the chair from getting caught on the carpet. However, after extensive discovery, it was learned that the floor had been damaged due to water intrusion, which contributed to the poor condition of the carpet. In addition, we were able to demonstrate that the Defendant's argument that it was the State's responsibility to provide chair mats was tenuous at best since immediately after the accident, the landowner purchased chair mats.
Injured Back & Wrist
Recovery for a man who injured his back and suffered a broken wrist while working within the course and scope of his employment as a truck driver. The client had picked up a load of baked goods from a local bakery. As he climbed on back of the bakery’s trailer to secure the load, the canvas strap broke and the client fell off the rear of the trailer landing hard to the ground. Multiple depositions of the defendant’s employees were taken that established a lackadaisical attitude towards safety. The bakery employee, a supervisor, who oversaw the loading of the trailer at issue admitted in his deposition that if the trailers are loaded to the back door that this poses a danger to the drivers. Boughter Sinak, LLC retained a trucking expert, vocational expert, and medical expert, all of which fostered the winning result obtained. In addition to the $500,000.00 recovery in the third party case, Boughter Sinak, LLC recovered $200,000 for the client in his workers' compensation case along with his TTD, medical, and waiver of the workers' compensation lien bringing the total value in excess of $800,000.00.
Fall from Scissor Lift
Client suffered multiple injuries at work when he fell from a scissor lift. After a prior law firm was unsuccessful in representing the client, the client put a “fighter on his side.” While the value of client’s permanency rating totaled a mere $12,600.00, Boughter Sinak, LLC aggressively represented the client and secured a settlement nearly 12 times the value of his rating.
Workers’ Compensation for Leg Amputation
Client retained Boughter Sinak to represent him in a work injury where he was ran over by a truck, resulting in a below the knee leg amputation. Boughter Sinak successfully argued for the value of client’s vehicle that he could no longer drive because it was stick shift and further recovered client an amount well in excess of the value of the below the knee leg amputation under the Indiana Workers' Compensation Act.
Third Degree Chemical Burns | Burns/Workers’ Compensation
Workers' compensation settlement for a man injured in a chemical explosion resulting in severe 3rd degree burns covering 39% body surface area.
Machine Defect & Amputation
Client suffered an amputation of two fingers when his hand got smashed in a machine due to a defect. Boughter Sinak, LLC secured the client all benefits he was entitled to under the Workers' Compensation Act, including an amount in excess of the value for his amputation. Boughter Sinak, LLC is currently litigating a third party product liability claim against the manufacturer of the alleged defective machine.
Client suffered a below the knee amputation as a result of his leg being crushed by a tractor while at work. Boughter Sinak, LLC successfully recovered all benefits client was entitled to under Indiana law, including negotiating the maximum value for his amputation, plus costs to cover future medical expenses and preserving his right to replacement prosthetics pursuant to the Workers' Compensation Act.
Client suffered burns to his upper body as a result of an explosion while working within the course and scope of his employment. Boughter Sinak, LLC recovered the client all benefits he was entitled to under the Workers' Compensation Act, including negotiating lifetime medical benefits and benefits for the permanency of his injuries.
Catastrophic Spinal Injury
Recovery for a young man who suffered a catastrophic spinal injury as the result of a pipe falling on his head due to the negligence of a third party contractor, causing paraplegia. The defense argued unsuccessfully that the client’s exclusive remedy was the workers' compensation act. Notably, two other prominent personal injury law firms from Indianapolis turned down the case because they were convinced that the Plaintiff’s claims would likely fall within the exclusive purview of the Workers' Compensation Act.
Forklift Amputation Injury | Product Liability/Workers’ Compensation
Settlement for a 27 year old man who suffered a below the knee leg amputation as a result of forklift accident while working within the course and scope of his employment. Upon being retained, Boughter Sinak, LLC immediately filed suit against the manufacturer of the forklift and the forklift maintenance company along with filing a Motion for Protective Order to Preserve Evidence. Boughter Sinak, LLC retained a national forklift expert from Los Angeles, California who after inspecting the forklift determined that the maintenance company deliberately disengaged a main safety feature of the forklift to prevent the foot pedals from locking up while being operated in below freezing temperatures. This action prevented the forklift from immediately stopping when the young man's foot was taken off the pedal, leading to his foot being crushed in between the forklift and a steel bollard. Boughter Sinak, LLC aggressively prosecuted the case, advancing over $60,000.00, and taking depositions of multiple representatives and fact witnesses of the Defendants, as well as deposing experts in California, Oregon, Illinois, Indiana and Arkansas. In addition to a forklift expert, Boughter Sinak, LLC retained a vocational economic expert and a life care planner to evaluate the Plaintiff's damages. Boughter Sinak, LLC successfully represented the Plaintiff in his workers' compensation claim as well and negotiated waiver of the workers' compensation lien of more than $100,000 in its entirety.
Finger Amputation Case | Product Liability
Settlement in a product liability claim against a machine manufacturer for failure to design a machine with proper guarding, resulting in a young man suffering partial amputation of his finger. Boughter Sinak, LLC represented the young man in both his workers' compensation and third party product liability claim. An engineer was retained and opined that the machine was unsafe and defective due to lack of guarding, as well as poor design of the perimeter surrounding the machine. The Defendant was a Swiss company that denied the United States District Court had jurisdiction over the Defendant. Notwithstanding, Boughter Sinak, LLC was able to demonstrate that the Defendant actually traveled to Fort Wayne, Indiana to build the machine and distributed these types of machines throughout the U.S. giving rise to jurisdiction. Once the Defendant realized the unlikelihood of obtaining dismissal based on jurisdictional grounds, the case promptly settled prior to undertaking discovery due to the strength of the Plaintiff's engineering expert's report. Boughter Sinak, LLC successfully negotiated the workers' compensation lien from over $120,000.00 to approximately $40,000.00.
Shoulder Injury from Defective Grate
Client suffered a shoulder injury as the result of stepping on a defective grate on the premises of a third party while working within the course and scope of his employment. The landowner denied liability and suit was filed. Boughter Sinak, LLC aggressively represented the client enabling him to recover over $55,000.00 in workers' compensation benefits and $80,000.00 in his premises liability action for a combined monetary recovery of just over $135,000.00.
Chemical Explosion | Burns/Workers’ Compensation
Workers' compensation settlement for a man injured in a chemical explosion resulting in 2nd and 3rd degree burns covering 19% of his body surface area.
Lifting Apparatus Fall | Wrongful Death/Workers’ Compensation
Wrongful death settlement for a 39 year old man killed when a lifting apparatus fell on him while he was working within the course and scope of his employment. While there was a significant dispute over whether the decedent failed to place pins in the apparatus, leading to the apparatus falling, the Plaintiff was able to demonstrate that within days after the accident the Defendant had come up with a new design, which did not require the use of pins. The defense argued this was a subsequent remedial measure and, therefore, inadmissible; however, Boughter Sinak, LLC argued that it was, in fact, admissible to show the feasibility of the design concept. The Decedent was a Mexican national and being fluent in Spanish Mr. Boughter was able to communicate with the decedent's family in Mexico, which helped facilitate a fair and timely resolution of the family's claims.