On May 22, 2024, the Los Angeles Daily News reported that a jury in Southern California has awarded an injured worker nearly $60 million in financial compensation. Pablo Scipione slipped, fell, and sustained catastrophic injuries while performing electrical work on top of a train at the Kinkisharyo International manufacturing yard in Palmdale, CA, in 2016. Here, our Fresno workers’ compensation attorney provides a more comprehensive overview of the workplace injury claim.
Worker Sustained Serious Injuries in a Fall Accident
As reported by the Los Angeles Daily News, Pablo Scipione, an independent contractor for a subcontractor called Altech Services, suffered severe injuries after slipping and falling while performing urgent electrical repairs on a train at the Kinkisharyo International yard back in 2016.
The incident occurred early in the morning under tight deadlines imposed by his supervisors. Mr. Scipione, 46 years of age at the time, sustained a fractured left foot which later developed into complex regional pain syndrome, a chronic condition that eventually left him unable to work.
Injured Victim Wanted to Settle for Just $3 Million, Company Declined
Initially, Mr. Scipione offered to settle the lawsuit for as little as $3 million. However, that work injury settlement offer was declined by Kinkisharyo. Upon review, a Los Angeles Superior Court awarded him a substantial $58.35 million. The verdict comprised $54.15 million in compensatory damages and an additional $4.2 million in punitive damages. The jury emphasized the company’s negligence in enforcing workplace safety protocols.
Case Was a Third-Party Liability Claim (Independent Contractor)
The case at issue here was a third-party liability claim. Third-party liability claims in the context of work injuries occur when an employee is injured on the job due to the actions or negligence of a party other than their employer, such as a contractor, equipment manufacturer, or another driver in vehicle-related tasks. Mr. Scipione was not an employee of the defendant. Instead, he was classified as an independent contractor. Notably, the defendant, Kinkisharyo International, unsuccessfully sought to have the claim moved to the workers’ compensation system.
Unlike workers’ compensation claims, third-party liability claims are not no-fault cases. In effect, this means that injured workers must prove a third party’s negligence in order to hold them legally responsible for their workplace accident. Another key difference between third-party liability claims and workers’ comp claims is that compensation is not limited. Through a third-party liability lawsuit, an injured worker in California can pursue compensation for the full value of their damages, including medical bills, future lost wages, pain and suffering, and long-term disability.
Speak to Our Fresno, CA, Work Injury Attorney Today
Joseph C. Yrulegui is a top California workers’ compensation attorney. If you have any specific questions or concerns about filing a work injury claim, we are here to be the legal resource that you can trust. Reach out to us by phone or contact us online to arrange your confidential initial consultation. From our Fresno law office, we put the rights of injured workers first.
