Paralyzed Roofer Wins $2 Million Workers' Compensation Settlement From Statutory Employer

A roofer was working on a roof when he fell and was paralyzed from the waist down. He had been hired by a general contractor that carried no workers' compensation insurance, the kind of gap that can leave a catastrophically injured worker with no clear way to pay for a lifetime of care.

Because his direct employer was uninsured, the claim began against Virginia's Uninsured Employer's Fund. Geoff McDonald & Associates attorneys Richard H. Talbot and Geoff McDonald, both based in Richmond, traced the work further up the chain and found that an insured general contractor had subcontracted the roofing job to the uninsured operator. Under Virginia law, that arrangement can make the higher contractor the injured worker's statutory employer, putting its insurer on the hook for the claim.

The insured contractor eventually agreed that it would be liable as the statutory employer, but only if the worker could first prove he had suffered a compensable work accident. The contractor and its carrier contended that his injuries came from a failure to wear proper safety equipment, a defense that, had it carried, could have barred or sharply cut his recovery.

The carrier's first offer was $500,000 in a lump sum plus a $1 million medical annuity that carried a reversionary interest, meaning money left unspent could flow back to the insurer. The firm pushed for terms that kept the full value in the client's hands rather than the carrier's.

The parties ultimately settled the claim for $2 million in a single lump sum, with the carrier separately agreeing to pay the Medicaid lien. The proceeds were placed into an irrevocable settlement preservation trust with no reversionary interest, so the funds stay set aside for the worker's ongoing medical and personal care.

The settlement was reached through the Virginia Workers' Compensation Commission in 2022.