Man says Blackwell Construction caused workplace injuries

CHARLESTON – A Clay County man is suing his former employer for allegedly creating an unsafe working environment in which he sustained severe injuries.

On Jan. 26, 2012, Grayling D. Workman and other Blackwell Construction Company LLC employees were ordered to construct a structure without the use of properly anchored reinforcing rod and without allowing the cement wall to properly cure before pouring concrete inside the structure, according to a complaint filed May 2 in Kanawha Circuit Court.

Workman claims he and others warned the defendant that the structure would fail unless the reinforcing rod was installed properly and the cement was allowed to cure thoroughly, but the defendant insisted that the structure would hold without taking the necessary precautions he and others urged.

The not fully dried concrete was poured, the structure failed to hold, it exploded and a large piece of concrete landed on Workman, breaking his fibula and fracturing his knee cap; injuring his hip, neck and back, among other things; and causing nerve damage, according to the suit.

Workman claims Blackwell’s conduct constituted acts of deliberate intention to produce injuries and were an unsafe working environment.

Blackwell had actual knowledge of the existence of the unsafe working conditions and of the high degree of risk and strong probability of serious injury or death presented by the unsafe working conditions, according to the suit.

Workman claims the defendant nevertheless intentionally exposed him to the specific unsafe working conditions and violated West Virginia code.

As a direct and proximate result of the defendant’s conduct, Workman suffered serious compensable injuries that have resulted in great pain and suffering to mind and body; medical procedures and medical expenses; lost wages and enjoyment of life; and other damages, according to the suit.

Workman is seeking compensatory and punitive damages with pre- and post-judgment interest. He is being represented by Frank Venezia and Benjamin M. Mishoe of Shaffer & Shaffer PLLC.

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

Kanawha Circuit Court case number: 13-C-847