BECKLEY – An Aurora man alleges he was injured on the job because his construction company employer violated Occupational Safety and Health Administration standards.
Darrell Fint filed a complaint Sept. 26 in U.S. District Court for the Southern District of West Virginia against Brayman Construction Corp. alleging that the Pennsylvania corporation violated the Department of Labor's Occupational Safety and Health Administration regulations.
According to the complaint, the plaintiff alleges that on Jan 31, he was working for defendant assisting a drill crew in Hinton when he fell backward on an unbarricaded hole. The suit states he landed head first, breaking his neck. He alleges he sustained severe, permanent and catastrophic injuries resulting in extensive major surgery, loss of body function, loss of earnings, metal anguish and medical expenses.
The plaintiff holds Brayman Construction Corp. responsible because the defendant allegedly negligently failed to install a fall protection system around the hole.
The plaintiff requests a trial by jury and seeks monetary relief for all special and general damages, plus interest, costs, attorneys' fees and any further relief as the court may deem just and proper. He is represented by Christopher J. Heavens of Heavens Law Firm PLLC in Charleston and James D. McQueen Jr. of McQueen Davis PLLC in Huntington.
U.S. District Court for the Southern District of West Virginia case number 5:17-cv-04043