In April of 2024, the claimant was driving a cement mixer for the defendant when a tire blew out, causing the vehicle to overturn. The defense alleged that the claimant was partially ejected because he failed to wear his seatbelt. Ultimately, the claimant was rendered quadriplegic and suffered a traumatic brain injury.

He was in a coma for 18 months following the accident. Claimant is originally from Brazil and had no family in the United States at the time of his accident. No workers’ compensation claim was ever reported to the Virginia Workers’ Compensation Commission by the defendant employer during that time period. Claimant’s family ultimately reached out to Claimant‘s counsel from Brazil to assist and help them determine what happened in the accident.

It was only after Reinhardt | Harper | Davis was retained 16 months after the accident and filed a claim with VWC that the family learned there was workers’ compensation insurance available from the defendants. Following his initial hospitalization, the claimant was transferred to a convalescent care center, where he remained in a coma and was being fed intravenously. While litigation was pending, through a Go Fund Me campaign by the family in Brazil, the claimant was able to return home to be cared for by his mother. After returning to Brazil, the claimant did come out of his coma and opened his eyes. However, because of the severe TBI, he remains unable to communicate in any fashion and is non-responsive.

Additional difficulties with the case include the fact that the claimant is unable to testify about how the accident happened and is unable to testify about his employment relationship with the defendant employer (who claimed he was an independent contractor). In addition, while working for the defendant, the claimant was paid cash – so there were no records to establish his Average Weekly Wage. Finally, because the medical records reflect that the claimant was partially ejected, the defendants raised a willful misconduct defense alleging that the Claimant was not wearing a seatbelt at the time of the accident.

Ultimately, Stephen Harper was able to get the insurance company to agree to settle the claim for $900,000. Once the claimant moved back to Brazil, his mother was appointed guardian of his estate and property by the court in Brazil and was acting as his caretaker. Because of a lack of finances and space, he was staying in his grandmother’s house. Prior to the settlement, home health care in Brazil was being provided by his mother, his grandmother, and his aunt. The settlement funds will allow the family to purchase a better house for the claimant to have space to live and provide funds for them to be able to care for the injured worker going forward at home.