Painter hurt on the job receives $35,000 settlement

Our client came to us after sustaining a shoulder tear while working as a painter. After surgery, the employer sent him back to work in a sling while he healed, hoping he would quit. Our client was determined to keep his job and did not give in to the intimidation by his employer. Once he was released from care by the workers’ compensation doctor, the employer claimed that our client required no work restrictions and only sustained a 1 percent impairment as a result of the injury. Attorney Benjamin Lynch sent the client to a new doctor for a second opinion, who stated that our client had more than a 1 percent impairment and required permanent work restrictions. 

Before trial, the defendants attempted to settle the case in mediation. Their final offer was $25,000 with the requirement that our client quit his job, waive all his employment rights and forfeit the right to future medical care for the work injury. Attorney Lynch instructed his client to decline the offer, walk out of the mediation and try the case before a judge.

The judge concluded that the client was entitled to $35,000, able to keep his job and retain rights to a lifetime of future medical care for his shoulder injury. Our client was thrilled about the additional money but was even more happy about the ability to keep his job and be protected in the future. Without hiring Hupy and Abraham, our client would have been fired and received nothing.

$35,000