Whenever you are engaging in physical labor employment, it is always important for everyone to be on the same page about workplace safety. It is not only important for the employees to take the necessary safety precautions to ensure their safety, but it’s also important for the employers to take those same steps as well. A lapse in judgment regarding safety could cause an accident and injure one or multiple people.

In the case of Zabielski v. Russell, Keith Zabielski was working for a subcontractor on a retaining wall project at a private residence. Martin Russell, owner of general contractor Just Right Construction, was operating a backhoe to transport a 1,000-pound concrete block. As the block moved, it slid out of its supportive strap and hit Zabielski’s right knee. This workplace accident caused severe injuries to Keith Zabielski. After the accident, he had to go through arthroscopic surgery, a knee replacement, and countless hours of physical therapy. He still has difficulty walking to this day and experiences problems with his left knee and back as well.

Keith Zabielski has no idea if he will ever be able to work in construction again and that was his primary source of income. Zabielski sued Russell and Just Right Construction, alleging failure to properly secure the concrete block with a dual strap fastened to both ends. Additionally, the plaintiff asserted that Russell negligently operated the backhoe. The defense argued that Zabielski was not hit with the concrete block and that if he had been, his injuries would have been more severe. The parties ended up settling for $725,000.

If you or a loved one have been affected by an accident or death, contact an experienced personal injury attorney at Hurst Limontes, LLC. We have decades of combined experience fighting for our clients in any number of personal injury claims. Call 317-636-0808 or email us for a FREE and confidential consultation.