The Alfred Firm uses all available resources to investigate catastrophic industrial incidents. The Alfred Firm’s paralegal team, led by Chief of Staff Amanda Zubire, led the investigation efforts in this lawsuit, which was brought against our client’s employer, who was a non-subscriber to workers compensation.
In our recent catastrophic injury settlement, our client’s employer did not have workers compensation coverage and, therefore, we were able to bring an injury claim against them along with a 3rd party construction contractor. However, this is usually not the case.
Most Catastrophic Work Injury Claims Involve Workers Compensation
In most catastrophic work injury cases, workers compensation coverage is involved. In those instances, it is wise to work with the workers compensation insurance subrogation adjuster to obtain evidence from their investigation.
Since the adjuster often takes initial statement(s) and conducts an on-site investigation, we request a copy of their file during our investigation. Under normal circumstances, these documents would not be produced to us until after a lawsuit is filed, and discovery is conducted.
Investigating a Catastrophic Work Injury Case Involving a Backhoe
In our most recent catastrophic industrial incident, our client was delivering a Case 580 Backhoe machine to a construction contractor. Without assistance, he was expected to unload the machine from his delivery truck. During this process, he was crushed by the Case 580 Backhoe.
In a catastrophic industrial/work incident, early investigation is key. An important task for The Alfred Firm’s team of paralegals is to conduct research on the at-fault company. Through public records, we can find the company’s owner and assets, where the company was formed, what year it was formed, and how many employees it has. All of this early investigation is helpful in evaluating the viability of the potential defendants.
As with any industrial/work incident, we needed to confirm whether the Employer and/or Contractor properly trained their employees/contractors to use and operate heavy machinery.
In this case, our client did not receive the proper training. In fact, the Construction Contractor employs operators, who would’ve been responsible for unloading the machine. Our Chief of Staff, Amanda Zubire, immediately researched the machine, and was able to purchase a copy of the Operation Manual online.
Upon reviewing the operator's manual, we immediately realized the cause of the incident. The Operators’ Manual contained a warning that, before the operator starts the engine, the owner of the backhoe must: “1) Provide instructions to the operator on safe and correct use of the machine; and 2) Make sure the operator reads and understands the operators manual for the machine”. If the construction contractor had provided our client with this Operators Manual, this incident would not have happened.
Our client lost consciousness and had no memory of the incident. Our investigation efforts eventually revealed what had occurred. Our client was taken by life-flight to the Texas Medical Center with serious injuries, including 17 fractured ribs, a collapsed lung and severe spinal injuries. The Alfred Firm was able to assist him in receiving the medical treatment he needed. After settlement, we were able to negotiate the client’s medical bills, which totaled more than $100,000 to put a substantial amount in our client’s pocket.
This investigation was led by The Alfred Firm’s Chief of Staff and Head Paralegal, Amanda Zubire.
About Amanda Zubire
Amanda Zubire is the Chief of Staff/Head Paralegal at The Alfred Firm. Amongst the top paralegals in the country, Amanda has been Byron Alfred’s Senior Paralegal and Case Manager since 2015.
As Chief of Staff, Amanda contributes to all of The Alfred Firm’s business objectives, provides direct support in discovery for all catastrophic injury cases, manages all staff level team members, and is the point person for productivity and client relations – based initiatives.
Amanda has been lead paralegal in all of Attorney Byron’s jury trials since 2015 and, together, they have never lost a jury trial. In September 2018, Amanda was the lead paralegal on the case where the jury awarded a $44,370,000 verdict for the family of a rigger who died in a crane accident. This verdict was the #1 ranked work injury verdict in Texas in 2018 and a Top 10 Work Accident Verdicts in the United States in 2018.
Amanda is a 2014 Graduate of the University of Houston.