$325,000 Workers’ Compensation Settlement for Window Washer Ankle Injury
Window Washer Injured by Equipment While Working at a Chicago High-Rise
Attorneys affiliated with the Sexner legal team filed a workers’ compensation claim and a third-party claim for an ankle injury that occurred while our client was working. He was a window washer assigned to clean high-rise windows at one of Chicago’s tall and prestigious residential buildings.
As he and a coworker were moving the window-washing equipment into position to begin the job, the window washer rig ran into his foot and injured his ankle. Our attorneys argued that the equipment struck him because the steering bar, which he was expected to control, was bent. As a result, the equipment moved to the side and hit him before he could react.
The insurance companies for the other side argued that they did not have notice that the equipment was damaged and were therefore not responsible. They also argued that the worker was primarily at fault for causing his own ankle injury. Although the case was highly contested on both notice and comparative fault, Sexner Injury Lawyers LLC fought for our client and obtained a $325,000 settlement.
Why Notice Matters in Injury Cases
Not every injury that occurs on another company’s property or involves another company’s equipment automatically creates a successful lawsuit. In many negligence cases, the injured person must prove that another person or entity acted carelessly, failed to act when action was required, or knew or should have known about a dangerous condition before the injury occurred.
That is why notice can become so important. Notice generally refers to whether the responsible person or company knew, or reasonably should have known, that a dangerous condition existed. In this case, one of the central issues was whether the other side knew or should have known that the steering bar was bent before the rig struck the worker’s ankle.
Evidence of notice may come from inspection records, prior complaints, repair history, maintenance records, witness statements, photographs, video, incident reports, emails, equipment condition, or proof that the dangerous condition existed long enough that a reasonable company should have discovered it.
Work Injuries Involving Damaged or Unsafe Equipment
Workplace equipment cases can involve both workers’ compensation and third-party liability. Workers’ compensation may apply because the injury happened while the employee was performing job duties. A separate third-party claim may also be possible if another company, property owner, contractor, maintenance company, equipment supplier, or other non-employer contributed to the unsafe condition.
Federal OSHA rules for powered platforms used in building maintenance show why inspection, testing, maintenance, and equipment assurances can matter in window-cleaning and building-maintenance work. OSHA defines building maintenance to include window cleaning, and its powered-platform standard includes written assurance requirements related to whether installations have been inspected, tested, and maintained. The same standard also states that an employer should not permit employees to use the installation before receiving required assurance from the building owner.
The specific legal duties in any case depend on the facts, the equipment involved, who owned or controlled the equipment, who maintained it, who inspected it, and who had the ability to correct the dangerous condition.
Comparative Fault Arguments by Insurance Companies
The defense in this case also argued that the injured worker was primarily at fault. Comparative fault arguments are common in contested injury cases because they can reduce or defeat recovery if the insurance company succeeds.
The Illinois Department of Insurance explains that Illinois uses modified comparative negligence. In general terms, an injured person may recover damages only if they are less than 50% at fault, and any recovery may be reduced in proportion to the percentage of fault assigned to them.
In a workplace equipment case, an insurance company may argue that the worker moved the equipment incorrectly, failed to watch where it was going, should have inspected the equipment, ignored a visible defect, or had enough time to avoid injury. A lawyer may respond by examining the worksite conditions, training, instructions, equipment design, maintenance history, witness testimony, and whether the dangerous condition was reasonably discoverable by the responsible party.
Ankle Injuries Can Seriously Affect Work and Mobility
An ankle injury may sound minor until it affects a person’s ability to stand, walk, climb, balance, work, or safely perform job duties. Window washing and other building-maintenance jobs may require strength, balance, mobility, and confidence while working around heavy equipment and elevated areas.
MedlinePlus explains that the ankle joint is made up of the ankle bone and the ends of the two lower leg bones, with ligaments providing stability and support. Common ankle problems include sprains and fractures, but tendons and cartilage can also be injured.
When an ankle injury occurs at work, medical treatment may include emergency care, X-rays, orthopedic evaluation, bracing, medication, physical therapy, injections, surgery, or work restrictions. A serious ankle injury can also affect earning ability when the worker’s job requires standing, lifting, climbing, pushing, pulling, or moving equipment.
Evidence That May Matter in a Window-Washing Equipment Injury
When a worker is injured by a rig, platform, steering mechanism, cart, or other building-maintenance equipment, the equipment itself may be one of the most important pieces of evidence. If the equipment is repaired, discarded, moved, or altered before it is inspected, important proof may be lost.
Important evidence may include:
- The window-washing rig or platform involved in the incident
- Photographs or video of the bent steering bar
- Inspection and maintenance records
- Repair history and prior complaints
- Training materials and job instructions
- Incident reports and witness statements
- Contracts showing who owned, controlled, maintained, or supplied the equipment
- Medical records documenting the ankle injury and treatment
Legal Help After a Work-Related Equipment Injury
Cases involving work injuries and third-party equipment claims can be more complicated than ordinary workers’ compensation matters. The injured worker may have a workers’ compensation claim against the employer’s insurance carrier and a separate negligence claim against another responsible party.
Since 1990, Sexner Injury Lawyers LLC has represented injured workers in Chicago and throughout Illinois. If you were hurt by unsafe equipment, damaged machinery, or another dangerous condition while working, contact us for a free case evaluation at (312) 243-9922 or contact us online.
