$250,000 Settlement for Janitor with Infected Knee After Post-Surgical Infection

A janitor with a serious work-related left knee injury obtained a $250,000 workers’ compensation settlement after developing a post-surgical infection that required intensive wound care and in-home support.

Workers’ compensation attorney Thomas DeBenedetto was brought in to challenge the denial, build the medical evidence, and secure the home health care the worker urgently needed.

This case shows how strong medical documentation and focused advocacy can transform a disputed claim into meaningful financial support and medically necessary in-home care for an injured worker.

Case Overview

  • Injured worker: Janitor performing physically demanding cleaning duties
  • Injury: Significant left knee injury followed by multiple surgeries
  • Complication: Post‑surgical infection requiring wound care and home health support
  • Result: Home health care approved and claim resolved for $250,000

How the Knee Injury Escalated

After injuring his left knee while performing physically demanding janitorial duties, the worker underwent multiple surgeries intended to restore stability and reduce pain. Each procedure required recovery time and left him with limited range of motion and difficulty performing basic weight-bearing activities.

Following the most recent surgery, he developed a serious post-operative infection—a complication that significantly increased his pain, heightened the risk of further tissue damage, and made it unsafe for him to manage wound care or daily tasks on his own. The infection required close monitoring, structured dressing changes, and assistance with safe movement during recovery, creating a clear need for coordinated home health support.

The Dispute

Because of the infection and multiple surgeries, the worker required structured wound care and daily living support to reduce the risk of complications. Home health services were recommended so that a trained provider could:

  • Monitor the surgical site and infection
  • Assist with dressing changes and wound care
  • Help with bathing, transfers, and safe movement while the knee remained unstable

Despite these clear medical needs, the insurance company denied the claim and refused to authorize home health care. As often occurs in workers’ compensation cases involving infection or extended nursing support, the insurer questioned the necessity and duration of in-home services, citing cost concerns rather than medical reality.

Legal Strategy

To secure home health services, the legal team focused on building a clear, medically supported record connecting the worker’s surgical history, infection, and functional limitations to the need for in-home assistance.

The strategy emphasized:

  • Detailed reports from treating surgeons describing the severity of the knee injury, surgical interventions, and infection
  • Documentation showing how the infection increased his risk of complications without structured wound care
  • Evidence that he could not safely manage dressing changes, mobility, or personal care tasks during recovery

By aligning medical opinions, treatment records, and functional restrictions, Thomas DeBenedetto presented home health care as essential to controlling the infection, preventing rehospitalization, and protecting long-term knee function.

Outcome

After litigation and a strong evidentiary presentation, the parties reached a settlement that recognized both the seriousness of the knee injury and the added risks created by infection.

The claim ultimately resolved for $250,000, a result that reflected:

  • The significant nature of the left knee injury and the need for multiple surgeries.
  • The complication and added costs associated with post‑surgical infection and wound care.
  • The need for home health services to manage the infection and support daily living during recovery.

This recovery provided the worker with financial support for ongoing care needs, as well as recognition that his home health and wound care were a necessary part of his work‑related treatment.

What This Case Means for Other Injured Workers

For janitors and other workers who suffer serious knee injuries on the job, this case underscores several important points. Janitorial work is physically demanding and associated with elevated risks of slips, trips, falls, and overexertion injuries, which can frequently involve the knees. When surgery and infection enter the picture, the need for coordinated medical care and in‑home support can increase sharply.

If a work‑related injury leads to surgery, infection, or other complications that make it hard to move safely, manage dressings, or perform daily activities:

  • You may be entitled to home health or attendant care as part of your workers’ compensation medical benefits.
  • Disputes over the “necessity” or length of home health services can often be challenged through detailed medical documentation.
  • Settlements can account not only for the original injury, but also for post‑surgical complications and the cost of managing them over time.

This case demonstrates how experienced representation can secure both medical care and financial recovery, even after a dispute or denial.

To learn more about our firm and how we help injured workers through complex cases like this, visit our San Diego’s Workers’ Compensation Attorney .

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