/EINPresswire.com/ May 25, 2010 — SAN JOSE, CA — The San Jose Personal Injury Law Firm of Corsiglia, McMahon & Allard is announcing the resolution of five personal injury claims that have held Bay Area employers accountable when their negligent acts caused significant injuries to their employees.
Attorney Timothy McMahon secured a seven figure settlement against a prominent hotel chain after they failed to provide Workers’ Compensation to their night clerk who was injured in the course of employment. The hotel owner knowingly employed the clerk as an undocumented worker and was paying the clerk cash “under the table” without securing Workers’ Compensation insurance. As part of the settlement the hotel chain was forced to take complete financial responsibility for their attempts to circumvent California labor laws. “We want our clients to be fairly compensated for injuries suffered at the hands of business owners who try to bend the rules, and we will leave no stone unturned when an employer tries to take advantage of his employees to save money and line his/her own pockets” said attorney McMahon.
Robert Allard settled a brain injury case which ultimately provided his client with $900,000 in additional insurance. Allard first sued and collected $100,000 from the insurance carrier of a driver who was responsible for a high speed “roll over” accident in Campbell, California. Knowing that these monies would not take care of his client’s lifetime medical needs, Allard, after extensive investigation, discovered that his client’s employer had a $1,000,000.00 underinsured motorist policy that covered this horrific accident.
“It took extensive litigation and we retained world class consultants including an insurance coverage expert, to assess the applicability of the underinsured motorist policy, as well as a neurologist, neurological radiologist and neuropsychologist who collectively analyzed and assessed the nature and extent of our client’s brain injury. The collective findings of these experts ultimately forced the insurance company to settle for policy limits,” said Allard.
McMahon also resolved a forklift injury claim for nearly $600,000. The client was being lifted by a forklift and a series of “homemade” strapped pallets to enable access to the ceiling for electrical work. The stacked/strapped pallets collapsed and the plaintiff fell 18 feet to the ground suffering a fractured pelvis. McMahon successfully sued the pier where the accident took place along with plaintiff’s employer and the individual driving the forklift. Despite the plaintiff’s employment status, the liability carrier for plaintiff’s employer offered substantial settlement money because they had failed to secure workers compensation insurance for the job.
In the fourth case, Allard secured a binding arbitration decision for over $815k in a case involving a domestic employer who failed to procure Workers’ Compensation for a hired worker. Allard’s client was involved in a situation whereby he was being paid an hourly wage to work for a family member and was also being provided room and board. The client’s work hours were set by the defendant establishing an employee-employer relationship. Allard’s client fell off a ladder while attempting to reluctantly trim tree branches as ordered to by the employer.
In the final case, the employee client was a passenger in a truck that struck the rear of another semi truck disabled on the side of the San Mateo Bridge in the emergency lane. McMahon sued the trucking company whose vehicle was parked in the emergency lane alleging that they shouldn’t have stopped but instead should have pulled off at an exit to avoid a collision. The case settled for seven figure policy limits in addition to UIM/Workers Compensation benefits from plaintiff’s employer. The settlement was significant because McMahon was able to secure three separate sources of recovery including significant sums from plaintiff’s employer’s insurance in addition to the traditional recovery from the third party’s carrier.
About Corsiglia, McMahon & Allard
Timothy McMahon and Robert Allard join partner Brad Corsiglia, selected by Best Lawyers in America, along with associate Mark Sigala, former President, Santa Clara County Trial Lawyers Association, to position Corsiglia, McMahon & Allard as a preeminent personal injury law firm.
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PR courtesy of Online PR News: http://www.onlineprnews.com.
Contact: Timothy McMahon
408-289-1417 or email: [email protected]
