Insurance Company Sues Naperville Builder Over Worker's Comp Claim

An insurance company is suing a contractor on behalf of two workers over claims they seriously injured while on the job.

Castlepoint National Insurance filed a lawsuit on Jan. 9 in DuPage County Circuit Court on behalf of a Guerrero A. Construction Corp. against Claybridge Builders Inc., both based in Naperville.

The lawsuit maintains that Claybridge was hired as a general contractor and developer of a new residential property in Naperville. The builder erected a structure consisting of a wood-framed building and plywood decking in January 2011.

Portions of the work were subcontracted to Guerrero A. Construction, including rough carpentry construction. On Jan. 10, 2011, carpenters Jesus and Omar Guerrero were framing parts of the building on the second floor when both men fell off the second-floor decking to the ground below, the complaint said.

Both workers suffered serious injuries, the lawsuit alleges. On Oct. 15, 2014, Castlepoint National Insurance filed a worker’s compensation claim with the building for $256,826 on behalf of Jesus Guerrero and $200,416 on behalf of Omar Guerrero.

The lawsuit alleges that Claybridge Builders was present during the time the plaintiff’s employees were working on the second story of the structure. The builder was participated in coordinating and sequencing the work. The builder also had the authority to stop the work if conditions or methods were unsafe.

Guerrero A. Construction is asking for damages of $50,000 or more.

Hartford, WI-based attorneys Mollien Townsend and Timothy S. Mentkowski are representing the worker’s compensation case.

The details in this report come from an original complaint filed by a plaintiff filed in DuPage County Circuit Court. The complaint represents an accusation by a private individual, not the government. It is not an indication of guilt and represents only one side of the story.