Workers Comp Lawyer
$185,000 Workers Compensation Settlement Union Laborer
In this case, claimant was working as an insulation installer in a house under construction.
At the time client arrived at the house to distribute the insulation bundles, there were red painted window shutters on the first floor of the interior of the house. There was over spill paint on the floor, which was not covered by a tarp, drop cloth, or other suitable floor cover. Eighty percent of the kitchen floor was covered with paint. Plaintiff could not smell fresh paint because the odor of the insulation was stronger. The top of the paint had a dull, not shiny appearance. It looked like pudding, where the top “skin” is dry from exposure to the air, but the area below is wet. Also, since no one was actively painting on the day of the occurrence, this led claimant to believe that the paint was applied earlier and had dried. Because of the deceptive appearance of the paint, claimant assumed the paint was dry when in reality it was not. He came down the stairs from the second floor with three bundles of insulation under his left arm. He turned right, took a few steps, and fell on the wet paint. Claimant was watching where he was going at all times, and there was nothing obstructing his vision. He fell backwards, extending his right arm behind him, tearing his rotator cuff and bicep tendon.
The biceps tendon is part of the muscle in front of the upper arm. Tearing the tendon produces a “Popeye-like” bulge in the arm and some weakness. When it tears, it may be necessary to repair this with surgery. Recovery is slow, but usually complete three months after the surgery.
In the lawsuit filed by Law Offices of Douglas Rallo, P.C., claimant alleged that the painting subcontractor was negligent by painting window shutters on the floor without plastic or other suitable floor covering underneath which would prevent paint from getting on the floor; or otherwise to protect the claimant from slipping on the wet paint. The defendant argued that claimant wasn’t watching where he was going and that by walking into the paint, he caused his own accident.
Currently, claimant’s shoulder feels completely normal. “Even with this excellent medical recovery, and the defendant’s argument about claimant’s own fault for the accident, we were able to achieve a $185,000 settlement for our client”, said his attorney Douglas Rallo.