Workers’ Injury Claim Goes from Millions to Zero

About This Case

This case involved an employee of a small business that was hurt on the job while working for an employer that did not have any workers' comp insurance.
PracticeNon-Subscriber Law
Time Frame3 years
LawyerHastings Hanshaw & David Wortham

HKH represented Air Repair Inc, the employer, in the case after their employee had fallen off a ladder and was injured while on a job.  The employee was suing Air Repair for millions of damages as a result of a life altering accident.  After years of working the case, HKH was able to use the employee’s own signed statement to OSHA and additional supporting evidence to get a “Take Nothing” judgment for the suit.  


This case was challenging because the employer did not have workers’ comp insurance to cover the claim damages of the employee’s life altering accident.  

Not having workers’ comp insurance exposes the employer to a greater chance of losing the case because the non-subscriber status prevents the employer from utilizing important defenses in the case. 

Our Process

1. Diligent Discovery

HKH worked to find clear evidence that contradicted the employee’s position on company training and the employee had provided OSHA with a signed statement that he was provided proper training and all necessary equipment he was using on the job site when the accident occurred.  

2. Proving Who Wasn't At Fault

HKH helped determine that there was an overall lack of cause for the accident, which made the claim difficult to uphold in court.  Nothing that the employer did or failed to do caused the accident, which was vital to the case overall. 


This case resulted in a win for Air Repair Inc. by HKH securing a ruling of a “Take Nothing” judgment.  The employee was suing for millions of dollars in damages and the suit resulted in the employee getting zero dollars from the employer.  


Given the sensitive nature of this case, we will not provide a downloadable copy of the case files.  

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