Tomkiel & Tomkiel Secures $2.7 Million Settlement for Construction Worker Injured in Filter Explosion

The Case:

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• Plaintiff: A 49-year-old handyman
• Defendant: NALCO Company

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The Incident:

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On December 16, 2016, an experienced construction worker was changing a filter in a building's cooling system. While securing the filter canister, a catastrophic explosion occurred, launching the filter cap into the worker's head, and causing severe injuries.

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The Claims:

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The worker alleged that NALCO was responsible for his injuries due to negligence in the installation, operation, and maintenance of the water treatment system. Specifically, he claimed:

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• Overfeeding of Chemicals: NALCO's malfunctioning TRASAR controller overfed the water treatment chemicals, leading to a buildup of gases that caused the explosion.
• Failure to Address Malfunction: NALCO was aware of the TRASAR's malfunction but failed to correct it, despite its wireless communication feature.
• Deception and Manipulation of Records: NALCO attempted to conceal evidence of overfeeding and manipulated records to downplay the severity of the malfunction.

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The Injuries:

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The explosion caused a multitude of injuries, including:

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• Head: Laceration requiring 10 internal and 10 external stitches, concussion, post-concussional syndrome, chronic headaches, nausea, dizziness, poor concentration, anxiety, and tinnitus.
• Neck: Cervicalgia, bilateral cervical radiculopathy, numbness and tingling in the arms, limited motion, spasm, and tenderness.
• Shoulders: Right shoulder ligament damage requiring surgery and causing chronic pain, weakness, restricted range of motion, and likely post-traumatic arthritis needing shoulder replacement. Left shoulder SLAP tear with partial thickness tear of the rotator cuff, labral tear, impingement, surgery, chronic pain, weakness, and likely post-traumatic arthritis needing shoulder replacement.
• Back: Lumbar and thoracic spine sprain, L5-S1 disc herniation, annular fissure, bilateral L5-S1 and L4 radiculopathy.
• Hip: Thinning of acetabular roof cartilage, degenerative high signal within the left anterior superior labrum, pain, and sleep disturbance.
• Elbows: Bilateral epicondylitis, tendinosis, partial thickness tear of the common flexor origin, sprain, strain, contusion, aching, decreased range of motion, pain, swelling, and stiffness.
• Psychological: Post-Traumatic Stress Disorder, post-concussional syndrome, pain disorder with related psychological factors, mood disorder due to medical condition, major depressive disorder, severe anxiety, insomnia, nightmares, flashbacks, anhedonia, social isolation, and panic attacks.

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The Defense:

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NALCO denied responsibility, claiming the incident was caused by the worker's failure to properly secure the filter cap. They also attempted to discredit the expert testimony of the worker's expert, Michael Klein, P.E., who attributed the explosion to the overfeeding of chemicals.

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Our Approach:

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Tomkiel & Tomkiel meticulously investigated the incident, gathering evidence that clearly demonstrated NALCO's negligence. We presented expert medical testimony highlighting the devastating, long-term impact of the worker's injuries and emphasizing his inability to return to work.

We also exposed NALCO's attempt to deceive and manipulate records, highlighting their disregard for safety and accountability. Our team's dedication to thorough preparation and effective communication played a key role in achieving this successful outcome.

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The Outcome:

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Despite NALCO's efforts to downplay their role in the incident, Tomkiel & Tomkiel successfully secured a $2,700,000 settlement for the construction worker, a testament to our firm's expertise in handling complex construction accident cases.

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Key Takeaways:

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This case underscores the importance of:

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• Workplace Safety: This case highlights the crucial role of workplace safety and the need for employers to adhere to safety standards, ensuring a safe environment for all workers.
• Holding Negligent Parties Accountable: Tomkiel & Tomkiel is committed to vigorously holding negligent parties accountable for their actions and seeking maximum compensation for injured workers.
• Expert Legal Representation: This case demonstrates the need for skilled legal representation to navigate the complexities of construction accident law and present a strong case against negligent parties.

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If you have been injured in a construction accident, contact Tomkiel & Tomkiel immediately for a free consultation. We are dedicated to fighting for the rights of injured workers and achieving a just outcome for our clients.

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Please note: This case study is for illustrative purposes and does not reveal confidential information. Every case is unique, and legal outcomes may vary.

‍Disclaimer: This content is for informational purposes only and should not be considered legal advice. To discuss your specific legal situation, contact an attorney.