Workers’ Compensation – Struck in face by forklift, woman suffers brain injury

$2.7 million settlement

Injuries alleged: Traumatic brain injury

Court: Virginia Workers’ Compensation Commission

Tried before: Mediation

Name of mediator: Deputy Commissioner Brooke Anne Hunter

Date resolved: May 14, 2026

Amount: $2.7 million

Attorney for plaintiff: Stephen T. Harper, Richmond, Reinhardt Harper Davis

Case description: In 2021, the claimant suffered an injury when was struck in the face by a forklift in an accident, resulting in a traumatic brain injury. Ultimately, the claimant was admitted to a post-acute inpatient rehabilitation facility, but the claimant desired to return home. Through the efforts of the claimant’s counsel, the carrier agreed to allow the claimant’s return home and provide round-the-clock home healthcare, seven days a week. Additionally, the carrier agreed to pay the maximum allowable amount for home improvements, which, at the time, was $55,000. Ultimately, the parties agreed to mediation, and at mediation, plaintiff’s counsel was able to successfully settle the case for a total upfront cash value of $2.7 million. This included a lump sum cash payment, monthly cash payments to the claimant for as long as she lives, an MSA to cover future medical expenses, and an annuity to pay the claimant $120,000 a year for the remainder of her life to cover her home healthcare needs. Prior to settlement, plaintiff’s counsel helped secure $3,386,729 in lost wages and medical benefits for the claimant, for a total recovery of $6,156,729.