An 18-year old construction worker was struck in the head by a heavy piece of equipment while on the job.
He suffered a severe traumatic brain injury. Efforts to return the plaintiff to some form of gainful employment failed, and he was eventually placed in a residential brain injury rehabilitation facility. The employer’s workers’ compensation carrier agreed to plaintiff’s entry of permanent and total disability benefits. At mediation, the disability benefits and non-Medicare covered treatments were settled for a cash payment of million. He received a Medicare Set-Aside of 4,989. A special needs trust was set up to administer the proceeds and the MSA. The payout is more than two times the largest reported workers’ compensation settlement in Virginia.