A Local 1 ironworker who suffered catastrophic injuries in a 20-foot fall at a construction site has reached a $40 million settlement shortly before trial. The case arose from a May 25, 2023 incident at the Fermi Research project in Batavia, Illinois.
Ironworker Construction Fall Case
GWC’s client, a structural ironworker with six years of experience, was employed by Harris Rebar Placing at the time of the incident. Although experienced in structural ironwork, our client was working on his first rebar installation assignment at the project.
On the day of the accident, GWC’s client climbed a 23-foot-high concrete form wall to perform work at the top of the structure, as directed by his foreman. While standing for approximately two minutes on a four-inch-deep horizontal support beam near the top of the wall, he lost his footing and fell.
During the fall, GWC’s client struck angled wall supports before landing on the concrete floor below. He lost consciousness and was hospitalized for several weeks.
Ironworker Injuries
Client sustained multiple traumatic injuries, including:
- Brachial plexus injury and Complex Regional Pain Syndrome (CRPS) affecting his non-dominant left hand
- Multiple rib fractures
- An ankle injury
- Traumatic brain injury (TBI)
As a result of these polytraumatic injuries, GWC’s client has been unable to return to work as an ironworker. His medical expenses have exceeded $1.2 million to date.
The Lawsuit
GWC’s client and his wife filed suit in Cook County against:
- Whittaker Construction and Excavation Company (General Contractor)
- Fermi Research Alliance LLC (Property/Construction Manager)
GWC alleged that the defendants were responsible for unsafe working conditions that led to the fall.
While GWC presented a prima facie case of liability, the defendants vigorously contested both liability and damages throughout discovery and mediation.
Comparative Negligence Defense
The defense argued that GWC’s client was comparatively negligent because he was not tied off while climbing or working on the wall, despite a known six-foot tie-off rule at the jobsite.
Both sides retained multiple experts who offered sharply conflicting opinions on:
- Site safety practices
- The cause of the fall
- The severity of GWC’s client’s injuries
- His ability to return to comparable employment
- The cost and scope of future medical care
Defense medical experts contended that GWC’s client could return to employment at a comparable wage and that his future medical needs would be limited to approximately $1 million over his lifetime.
In contrast, GWC’s Physical Medicine and Rehabilitation expert, Ricardo Senno, M.D., presented a life care plan projecting potential costs of up to $10 million if GWC’s client’s condition deteriorated over time. The plan also addressed an alleged increased risk of early-onset dementia due to his traumatic brain injury—an opinion strongly disputed by the defense.
Mediation and Settlement
With a May 1, 2026 trial date approaching, plaintiffs’ counsel prepared to file a petition seeking leave to add a punitive damages count to the complaint. Before agreeing to mediation, plaintiffs demanded an unconditional written offer of $20 million along with specific preconditions.
The case ultimately proceeded to an all-day mediation session on February 11, 2026, before the Honorable Kay Hanlon at ADR. The mediation involved multiple insurance carriers within the defendants’ coverage tower.
After extensive negotiations, the parties reached a $40 million settlement.
GWC Counsel Commentary
“What happened to our client was a devastating and entirely preventable accident. He went to work that day expecting to return home safely to his family, and instead his life was permanently altered. While no amount of money can undo the physical and emotional toll this fall has taken on him and his wife, this result holds the responsible parties accountable and provides the security and resources our client will need for the rest of his life,” said trial lawyer and partner Louis Anthony Cairo.
Senior partners Louis C. Cairo and Michael Fisher commended the work of younger partners Louis Anthony Cairo and Lawrence Amato, who handled the case through discovery and mediation. “We are incredibly proud of the work Louis and Larry have done on our client’s behalf. Justice, in this case, meant restoring dignity, stability, and protection for a hardworking union ironworker who deserved better.”
“Despite many obstacles regarding liability, and hotly contested damage evidence, we were able to find a common ground to settle this case through the relentless efforts of Judge Hanlon. The Judge knew the evidence as well as any lawyer in the building that day. All parties presented her with numerous depositions, very lengthy submissions, contract exhibits, photographs, and the like. We tendered numerous animations and power points that we had created to support our liability and damages evidence. Judge Hanlon’s knowledge of the facts and applicable laws, coupled with her skills as a mediator, were a very large part of how this seemingly improbable settlement actually happened,” according to GWC partner and trial lawyer, Louis A. Cairo.
About GWC Injury Lawyers
GWC Injury Lawyers represents individuals and families in catastrophic injury and wrongful death cases, with a focus on construction negligence and trucking litigation. The firm has recovered more than $2.5 billion in settlements and verdicts for injured clients.
For more information regarding this settlement, contact:
Louis Anthony Cairo
lcairo2@gwclaw.com
312-464-1200