Man says piece of metal went down throat, can't get Workers' Comp

By Kyla Asbury | Feb 27, 2013

CHARLESTON – A man is suing Brite Home Improvement after he claims he was injured while working and the company failed to provide the required Workers’ Compensation insurance

Bryon Bradshaw, Brite’s owner, was also named as a defendant in the suit.

On April 14, John Edward Hull II was hired by the defendant to help with a metal roofing job on a home in Pond Fork, according to a complaint filed Feb. 22 in Kanawha Circuit Court.

Hull claims while working on the metal roof, an issue arouse with the exhaust fan of the old roof and he climbed onto the roof to assist other workers with the removal of the old exhaust fan.

After the old exhaust fan was removed, pieces of metal were still attached to the exhaust fan and Hull attempted to remove the old metal from the exhaust fan with a hammer when a piece of metal came loose and became lodged in his throat, according to the suit.

Hull claims the wound caused him immediate pain and shock and resulted in substantial blood loss and he was driven to Charleston Area Medical Center by Bradshaw in Bradshaw’s truck.

While in the truck, the Bradshaw told Hull to tell the medical staff that the injury occurred while he was weed eating around the home, so that the homeowner’s insurance would cover the medical expenses, according to the suit, and in shock, Hull agreed.

Hull claims after a substantial time in the emergency room, he was informed that the wound to his throat required the attention of a specialist and he was driven by ambulance to the University of Cincinnati Medical Center for further care.

While at the University of Cincinnati Medical Center, Hull underwent surgery to remove the piece of metal lodged in his throat and, after the surgery, he remained at the hospital for four days to recover and was required to have a feeding tube and a tracheotomy placed in his throat, according to the suit.

Hull claims he was unable to eat solid food for several weeks and was physically unable to work for four months, which resulted in economic distress.

The defendant failed to subscribe to the Workers’ Compensation system, which is required under West Virginia code, according to the suit.

Hull claims the defendants also failed to properly train, supervise and provide proper safety equipment to him.

The defendants’ failure to provide workers’ compensation insurance to Hull has caused him severe economic hardship and distress, according to the suit.

Hull is seeking compensatory and punitive damages. He is being represented by Joshua R. Martin of Neely & Callaghan.

The case has been assigned to Circuit Judge James C. Stucky.

Kanawha Circuit Court case number: 13-C-374

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