Worker run over by machine claims multiple serious injuries — $375,000 settlement

Type of action: Workers’ compensation

Injuries alleged: Traumatic brain injury, left intracerebral, subarachnoid brain hemorrhage, compound fractures of the right and left tibias and fibulas and right third rib fracture

Court: Virginia Workers’ Compensation Commission

Tried before: Mediation

Name of mediator: Deputy Commissioner Robert M. Himmel

Date resolved: July 7, 2025

Attorneys for plaintiff: Mingkwan E. Collins and Mark T. Hurt, Abingdon, The Law Offices of Mark T. Hurt

Description of case: A 55-year-old Virginia worker, who was run over by a diesel-powered industrial street sweeper while working as part of paving crew, settled his worker’s compensation claim for $375,000. The settlement followed three years of complex litigation and extended mediation efforts, and included compensation for future lost wages, permanent partial disability and anticipated future medical needs.

His injuries included a left intracerebral and subarachnoid brain hemorrhage, compound fractures of the right and left tibias and fibulas and a right third rib fracture.

The claimant’s injuries required several surgeries, beginning with the placement of an intramedullary nail in the right tibia and extensive debridement of open wounds, followed by a second surgery days later to stabilize his left leg. A third surgery was performed to address a nonunion fracture in the right tibia that had failed to heal properly.

Despite the surgeries and months of follow-up treatment, the claimant continued to experience persistent pain, impaired mobility and weakness in both legs.

In addition to his orthopedic trauma, the claimant suffered a significant traumatic brain injury, which manifested in cognitive, emotional and psychological difficulties. These difficulties included memory impairment, confusion, anxiety, and emotional dysregulation.

The Virginia Workers’ Compensation Commission awarded the claimant loss wages and lifetime medical benefits for his left leg, right leg, head and brain. The claimant’s counsel successfully defended two employer’s applications for hearing that contended that the claimant’s condition allowed him to return to work.

After the claimant reached maximum medical improvement for his physical injuries, his treating orthopedist assigned him a 19% permanent partial disability rating to each leg, entitling him to over 66 weeks of indemnity compensation.

Plaintiff’s counsel’s law firm, The Law Offices of Mark T. Hurt, provided case information.

[025-T-123]