Construction work is physically demanding and often dangerous, but many of the most serious injuries occur not because of the inherent risks of the job, but because basic safety procedures are ignored. When companies fail to properly set up equipment or take necessary precautions, workers are the ones who pay the price.

In this case, our client suffered severe, life-altering injuries after being struck by a concrete-filled hose when the defendant's pump truck tipped over due to improper placement of the outriggers. What followed was a long and hard-fought legal battle that lasted four and a half years before a settlement was finally reached just months before trial.

What Happened on the Construction Site

Our client was working on a construction project, performing a standard task that is common on job sites involving foundation work. He was responsible for holding and directing a large tube filled with concrete  as it was pumped into place. This role requires focus, coordination, and trust that the equipment being used is properly set up and safe by the people operating the pump truck.

The concrete was being delivered through a pump truck operated by the defendant company. These trucks use outriggers—stabilizing arms that extend outward—to keep the large truck balanced while pumping heavy material through the system.

However, in this situation, the truck was not positioned safely.

Instead of placing the truck on stable, even ground, the defendant parked the pump truck partially on the paved street and partially on soft, unstable soil. And in violation of basis safety regulations and procedures, one outrigger was placed on the paved street, while the other was set on uneven soil.

This created a dangerous imbalance.

When concrete pumping began, the truck tipped toward the side resting on the soil because it was not properly stabilized.

As the truck moved, the concrete-filled hose swung violently.

Our client, who was holding and directing the hose at the time, had no warning and no opportunity to avoid the impact. The hose struck him with significant force.

The Immediate Impact on Our Client's Life

Following the incident, our client sought medical attention at urgent care. Initially, like many construction workers, he hoped the injuries might improve with time.

However, it quickly became clear that the damage was far more serious.

The force of the impact caused significant physical injuries that required ongoing medical care. Over time, our client underwent multiple surgeries in an attempt to repair the damage and regain function.

Despite these efforts, the injuries have had lasting consequences.

Long-Term Impact on Our Client's Life

One of the most difficult aspects of serious construction injuries is the long-term impact they have on a person's ability to work and live normally.

Before the incident, our client was a working construction professional, performing physically demanding labor. After the injury, he has been unable to return to work.
This loss goes beyond income.

It affects independence, identity, and overall quality of life. The inability to work in one's chosen profession can be devastating, especially for individuals who take pride in their trade and rely on their physical abilities.
In addition to lost wages, our client has had to deal with:

•    Ongoing medical treatment 
•    Multiple surgical procedures 
•    Physical limitations 
•    Pain and recovery challenges 
•    Emotional and financial stress

These are the real consequences of unsafe practices on a job site.

The Legal Battle: 4.5 Years of Litigation

While the facts of the incident clearly pointed to improper setup and unsafe conditions, the legal process was anything but simple.

The defendant concrete pump truck company refused to accept responsibility for what happened.

Rather than acknowledging the role that their improper positioning of the truck played in causing the incident, the defense chose to dispute liability and force the case into prolonged litigation.

This is not uncommon in serious injury cases.

Insurance companies and defendants often delay, deny, and defend in an effort to reduce or avoid paying fair compensation for construction accident lawsuits. In this case, there were also multiple trial continuances and unique legal hurdles that we had to overcome, including the defendant declaring bankruptcy.

As a result, this case took four and a half years to resolve.

During that time, we aggressively pursued the case on behalf of our client, gathering evidence, building the liability argument, and preparing for trial if necessary.
Multiple Mediations and Continued Resistance

In an effort to resolve the case without the need for trial, the parties participated in multiple separate mediations.

Mediation is often an opportunity for both sides to come to a fair resolution, particularly when liability is clear and the injuries are significant.

However, in this case, the defense continued to resist accountability.

Each mediation required preparation, negotiation, and strategic decision-making. Despite multiple opportunities to resolve the matter earlier, the defense did not offer a fair resolution until much later in the process

This prolonged the case and added additional stress for our client.

Final Resolution

After four and a half years of litigation and three mediations, the case was ultimately resolved through a settlement.

While no amount of money can undo the injuries our client suffered or restore the years lost to recovery and litigation, the settlement provides meaningful compensation for our client's:•    Medical expenses

• Future medical needs
• Lost income and earning capacity
• Pain and suffering
• Emotional distress
• Physical impairment

Most importantly, it represents accountability.

Why This Case Matters for Construction Workers

This case highlights a critical issue in construction safety: proper equipment setup and operation is not optional. Safety rules and regulations are in place for a reason, especially on construction sites.

Concrete pump trucks are powerful and heavy pieces of machinery that require careful positioning and stabilization. Tires and outriggers must be placed on solid, level ground to prevent tipping.

Failing to do so creates a foreseeable risk of exactly the type of incident that occurred here.

When companies cut corners or fail to follow basic safety protocols, workers are placed directly in harm's way.

This case also demonstrates an important legal reality:

Even when liability seems clear, injured workers may still face a long fight to obtain fair compensation.

Why Third-Party Liability in Construction Accidents Is Valuable to Injured Workers

It is important to understand that not all construction injuries are limited to workers' compensation claims.

In this case, our client did receive substantial compensation from his employer's workers' compensation company.

However, workers' compensation does not compensate an injured worker for many of their most significant damages. It does not compensate for the full value of lost earnings or cost of future medical care.

Workers' compensation also does not provide any compensation for damages like physical pain, mental suffering, emotional distress, or physical impairment. In serious injury cases, these are some of the biggest losses our clients suffer.

In this case, we were able to prove that the responsible party was a third-party company—the concrete pump truck company and its operator—not our client's employer or a coworker.

This allowed our client to pursue a third-party personal injury claim, which provides broader recovery options than workers' compensation alone.

Third-party claims like this one can include compensation for:

• Full lost wages
• "Non-economic damages”, including emotional distress, pain and suffering, loss of enjoyment of life, and grief, among others
• The full value of future damages, including medical expenses
• Additional economic losses

Identifying all responsible parties is critical in maximizing recovery for injured workers.

Our Commitment to Injured Workers

At Greenberg and Ruby Injury Attorneys, we understand how overwhelming a serious injury can be.

Our clients are often dealing with pain, uncertainty, and financial stress while trying to navigate a complex legal process.

In cases like this, persistence matters.

We do not back down when defendants and insurance companies refuse to take responsibility. We prepare every case as if it will go to trial, and we continue pushing forward until a fair result is achieved.

This case is a reflection of that commitment.

If You Were Injured on a Construction Site or By Unsafe Equipment

If you were injured on a construction site, it is important to understand that you may have more options than you think.

In addition to workers' compensation, you may have a third-party claim if another company, employee of another company, or contractor contributed to your injury. Speaking with an experienced construction accident attorney can go a long way.

If unsafe operation of equipment caused your injuries, you may also have a third-party claim against the companies who designed or manufactured the equipment, if there was a defect in the equipment. Defects can include a design or lack of clear warnings and instructions that led to improper operation.

These cases can be complex, and evidence is often critical in establishing what went wrong and who is responsible.

The sooner you take action, the better positioned you are to protect your rights.