Result: $441,000 settlement secured on behalf of a home improvement store employee struck in the head and neck by lumber mishandled by a coworker, at a national retail chain that had opted out of the Texas workers' compensation system.
A coworker's careless handling of lumber led to years of chronic pain, surgery, and a life-altering diagnosis.
The Situation
Our client was working alongside a coworker restocking lumber in the building materials section of a home improvement store when her coworker, maneuvering a 16-foot wooden board, struck her in the side of the head and neck. Even the coworker's own supervisor documented in the post-incident report that she had not been "working safe" in the moments leading up to the accident.
Our client tried to push through the rest of her shift, but her headaches quickly worsened, forcing her to leave work early. What started as a single blow to the head would go on to affect nearly every part of her upper body for years to come.
The Injuries
Initial evaluation revealed a head contusion, concussion, and cervical strain. But as weeks turned into months, her condition proved far more serious. Imaging revealed multiple cervical disc protrusions causing spinal canal narrowing, and she developed persistent radiculopathy, numbness, and pain radiating from her neck into her left shoulder, arm, and hand.
An MRI of her left shoulder revealed a significant rotator cuff tear and a labral tear, ultimately requiring arthroscopic surgery to repair. Despite multiple rounds of physical therapy and a series of cervical epidural steroid injections, her pain never fully resolved. She was later diagnosed with chronic post-traumatic headaches and post-concussion syndrome, and continues extensive pain management treatment to this day, including nerve blockades and ongoing medication management for both her physical pain and the anxiety and depression it has caused.
The Legal Strategy
As a Texas workers' compensation non-subscriber, the employer owed our client a non-delegable duty to provide a safe workplace and was vicariously liable for the negligence of its own employees. The coworker's own supervisor had documented, in writing, that she was not working safely at the time of the incident, removing any real dispute over how the accident happened.
We built the case on a clear liability theory the employer could not meaningfully defend: as a non-subscriber, the company could not point to a coworker's negligence to escape responsibility. That negligence was the very thing that made it liable. We paired that undisputed liability picture with nearly three years of extensive, well-documented medical treatment establishing the full scope of harm our client had suffered.
What We Demanded
Our demand rested on three things the employer could not dispute:
- The employer's own internal incident report, documenting its employee's unsafe conduct in her own supervisor's words.
- A clear vicarious liability theory that left a non-subscriber employer with no meaningful defense to its employee's negligence.
- Nearly three years of continuous, escalating medical treatment, from initial concussion care through shoulder surgery and a complex regional pain syndrome diagnosis, establishing the full and lasting impact of the injury.
The Result
Facing undisputed evidence of its employee's unsafe conduct and years of documented, escalating injury, the employer agreed to resolve the non-subscriber work injury claim for $441,000, securing meaningful compensation for our client's surgery, ongoing pain management, and the lasting toll these injuries have taken on her life.
Why It Matters
A moment of carelessness on the job floor turned into years of chronic pain, surgery, and a life permanently changed. This case is a powerful reminder that employers remain responsible for the safety of their workplaces, and for the conduct of the employees they put on the floor together.
If you've been hurt on the job because of a coworker's negligence, you may have more options, and more leverage, than you realize. Our Dallas work injury lawyer can explain how a non-subscriber claim works and what your case may be worth.
Contact Us for a Free Consultation
For a free consultation about your workplace injury case, call our Dallas office at (214) 932-1288 or complete our online contact form. You pay nothing unless we win your case.
This summary reflects a real case handled by our firm. Case details have been adapted to protect client confidentiality, and the parties' names have been omitted. Every case is different, and past results do not guarantee similar outcomes in future matters.