workers comp when to get a lawyer injured shoulder

by Theron Kassulke DDS 7 min read

How much should I settle for a shoulder injury?

The most severe shoulder injuries may have a typical settlement payout in the range of $150,0000 to $300,000 or more. What Impacts the Settlement Amount of a Rotator Cuff Injury? The severity of the rotator cuff injury has the most impact on the potential settlement value of the case.

How long does it takes to settle a shoulder injury case?

Rotator cuff injuries can take months to recover from. Even minor cases of these injuries can take from 2-4 weeks while more serious cases can take 6-8 months. When the rotator cuff is torn at 80%-90%, surgery is almost always needed, and even then, recovery may not mean a return to normalcy.Feb 28, 2022

What is the payout for a torn rotator cuff?

For a starting point, the settlement range for pain and suffering on a torn rotator cuff where surgery is performed is between $100,000 and $175,000. The low-end of the range is if you had little treatment, are left with limitations and disability after the surgery.Aug 23, 2021

Can I work with a shoulder injury?

If you have sustained a rotator cuff injury at work you may have to miss time from work and may have to undergo surgery. If the injury is severe enough, you may be unable to return to work without restrictions. You will likely be restricted from lifting overhead for life.Dec 9, 2015

How much compensation will I get for shoulder surgery?

Based on 32 real life shoulder injury and surgery verdicts and settlements that I researched and reviewed, the average settlement for a shoulder surgery case is between $175,000 and $225,000.Jan 14, 2022

Is a torn rotator cuff considered a disability?

When these muscles are overused or subjected to undue force, the tendons may tear from the stress. Rotator cuff tears can severely limit a person's range of motion, which may qualify them for disability benefits based on their inability to work.Jan 7, 2022

Do rotator cuff injuries get worse over time?

Rotator cuff tendon tears often cause pain at night. The pain may even wake you. During the day, the pain is more tolerable, and usually only hurts with certain movements, such as overhead or reaching toward the back. Over time, the symptoms become much worse, and are not relieved by medicines, rest, or exercise.Jul 7, 2019

What is the disability rating for rotator cuff repair?

Rotator cuff surgery is rated based on the severity of the pain and the thickness of the rotator cuff tear. Most often, VA rates this condition as 10 or 20 percent disabling.Dec 6, 2020

How long will I be off work for rotator cuff surgery?

The precise amount of time needed to be off from work after rotator cuff surgery can vary from 3-8 months. If the rotator cuff is not given enough time to heal than the tear might recur.Sep 17, 2021

Can I work with torn rotator cuff?

Since a rotator cuff injury can take upwards of six months to heal, you may not be able to perform your job duties for some time. You may need to take some time off work in the initial days and weeks, and may need light duty until you fully recover. Your time off work could also depend on whether you require surgery.Aug 4, 2017

Is rotator cuff a surgery?

Rotator cuff repair is surgery to repair a torn tendon in the shoulder. The procedure can be done with a large (open) incision or with shoulder arthroscopy, which uses smaller incisions.

Is frozen shoulder a work related injury?

Other Types of Work-Related Shoulder Injuries. Though rotator cuff injury is the most common type of work-related shoulder injury, it is not the only type. I also help injured employees who suffer labral tears, frozen shoulder, shoulder fractures, and shoulder impingement.

Can lawyers help increase workers comp settlement amounts for shoulder injury claims?

Hiring a lawyer is the best way to make sure you receive maximum compensation for your shoulder injury at work. While no lawyer can guarantee that...

How do I find a lawyer to help me file for a workers comp shoulder injury settlement?

The easiest way to find a lawyer is to request a free claim assessment through WorkInjurySource.com. Simply answer a few basic questions, and then...

When should I contact a lawyer after suffering a shoulder injury on the job?

If you have suffered a shoulder injury on the job, you should contact a lawyer right away. You need to make sure you report your injury at work on...

Can you get workers compensation for shoulder injuries?

How Workers’ Compensation for Shoulder Injuries Can Help. If you suffer a shoulder injury or other type of injury or illness related to your job, you may be able to receive benefits to help you get the treatment you need for a full and successful recovery. Workers’ compensation can help pay for a variety of bills pertaining to your injury, ...

What is the treatment for shoulder injuries?

Many types of shoulder injuries will require treatment through minimally invasive measures at first, which can include rest, medication, and physical therapy, among others. However, shoulder injuries may require surgery if these treatments don’t work, which can result in more recovery time along with more expenses.

What is shoulder injury?

Shoulder injuries are among the many common types of injuries among workers’ compensation claims. These injuries can result from a one-time accident or develop over time due to repeated stress, heavy lifting, or other causes. The shoulder consists of multiple joints, muscles, and tendons, all of which are vulnerable to injury, ...

How long does it take for a shoulder injury to develop?

Other injuries can take weeks, months, or even years to develop as a result of repeated that put stress on the shoulder. In some cases, accidents may occur in the workplace that result in an injury ...

What happens to wages when you get injured on the job?

Employees injured on the job, particularly those requiring surgery to recover from the injury, will lose wages due to time off work required for treatment and recovery, along with other losses.

What are the different types of shoulder injuries?

Some common types of shoulder injuries include: Dislocation. Tendonitis. Impingement.

What are the treatments for a rotator cuff tear?

Many types of shoulder injuries will require treatment through minimally invasive measures at first, which can include rest, medication, and physical therapy, among others. However, shoulder injuries may require surgery if these treatments don’t work, which can result in more recovery time along with more expenses.

Average Workers Comp Settlement Amount for Shoulder Injury

There is no accurate way to predict what a settlement for a shoulder injury will be and neither insurance companies nor lawyers representing injured workers is inclined to guess. The safest thing to say is that settlement amounts for shoulder injuries in workers compensation cases will vary dramatically, depending on:

Types of Shoulder Injuries in the Workplace

With so many moving parts, it is not a surprise that there are several types of shoulder injuries that occur in the workplace.

Filing a Workers Comp Claim for a Shoulder Injury

There is nothing unusual about the process for filing a workers compensation claim for a shoulder injury. As soon as you feel pain with the injury, report it to your supervisor and ask that paperwork get started to make the claim. Then, go to a doctor or urgent care center and receive treatment.

Workers Comp Benefits for a Shoulder Injury

The two major workers compensation benefits – coverage for all medical treatments and compensation for lost wages – are both in play when someone suffers a shoulder injury on the job. While most people focus on the dollar amounts they’ll receive in wage compensation, Crosland suggests you look closer at the medical benefits.

Work Restrictions for Shoulder Injury

The pain threshold for workers with a shoulder injury varies dramatically and is a huge factor in the work restrictions that apply. Some workers consider shoulder pain part of the job and learn to live with it.

What Impacts the Value of Rotator Cuff Cases?

Several variables can impact the value of your rotator cuff injury settlement, such as:

What causes a strained shoulder?

When the tendons attaching the bones and muscles are strained, the tissue around the tendons can become inflamed and painful. Shoulder tendonitis is often caused by a tendon being pinched by nearby structures. Physicians usually treat shoulder tendonitis with nonsteroidal anti-inflammatory drugs (NSAIDS), physical therapy, ultrasound therapy, corticosteroid injections, and for severe injuries, surgery.

Why does my shoulder hurt when I use my hands?

It occurs when the rotator cuff catches or rubs against the acromium (top of the shoulder) causing the tendon tissue to swell and fray. Shoulder impingements are treated by icing, physical therapy, over-the counter anti-inflammatory medications, and in some cases, cortisone injections.

What are the symptoms of a dislocated shoulder?

This occurs when the head of the humerus slips out of the shoulder joint. Symptoms of a dislocated shoulder include pain, swelling, numbness, and bruising. Treatment options include relocating the head of the humerus back into the shoulder joint (usually with anesthesia), immobilization, rehabilitation, and sometimes, surgery.

What is the rotator cuff?

Rotator cuffs connect the humerus (bone in the upper part of the arm) to the scapula (shoulder blade). They keep the bones in place within the shoulder joint while you move which allows you to rotate your arm and shoulder without pain. A common symptom of a rotator cuff tear is pain at the top and front of the shoulder or the outer side of the upper arm which may increase when the arm is lifted in the overhead position. Although some people get relief from physical therapy, a torn rotator cuff frequently requires surgical repair.

Can shoulder injuries be treated?

Minor shoulder injuries can be treated with rest and over-the-counter medications. Serious shoulder injuries frequently require surgery. It’s important for any worker who suffers any kind of shoulder injury to immediately stop the task that may have caused the injury and seek medical attention.

Can you get a shoulder injury in construction?

A shoulder injury can happen to any worker in any industry. There are some industries, however, where a shoulder injury may occur more frequently, such as: Construction. Construction jobs often require heavy lifting, pushing, using vibrating equipment and working with the arms above the shoulder.

What are the most common types of shoulder injuries?

Some of the more common types of shoulder injuries include: Fractures. A fracture can result from a slip or a fall on a wet floor at work or if a heavy item falls on the shoulder. Fractures are normally immobilized and treated with pain medication, although a severe fracture may require surgery. Impingement.

What are the symptoms of shoulder pain?

Other symptoms that people notice include numbness, decreased range of motion, stiffness, and tingling. Injuries to the shoulder can be caused by: Lifting an item that is too heavy. Lifting items awkwardly.

What is a rotator cuff tear?

Rotator Cuff Tears. A common soft tissue injury is a tear in the rotator cuff, the tendons and muscles that provide the shoulder with stability. A rotator cuff tear can lead to a dull ache in the shoulder, weakness in the arm and even trouble sleeping.

What is the treatment for bursitis?

The pain can sometimes be disabling and even result in a fever. Rest, pain medications, physical therapy and cortisone injections are normal treatments. In some situations, the bursae need to be drained via surgery.

What are shoulder injuries?

Shoulder injuries from work often include tears to tendons or muscles, dislocations, or an aggravation of osteoarthritis. These types of injuries may be the result of trauma, repetitive work over time or both. The Pennsylvania Workers’ Compensation Act does recognize injuries from both causes. Symptoms of a shoulder injury are not always limited ...

Is it bad to handle workers compensation?

Unless you’re an attorney or enjoy reading workers compensation manuals in your spare time, probably not. Handling a case on your own is usually a bad idea, especially since the insurance company will be represented by someone who’s probably handled hundreds of cases.

Can a worker's compensation settlement be rejected?

They can reject the settlement if they feel it’s not reasonable and the employee is getting a raw deal.

How long does it take to file a workers comp claim?

Reporting regulations and deadlines vary from state to state, but it should typically take no longer than 30 days to complete this process.

Can you file a workers comp lawsuit if you are a third party?

If you have a third-party claim – You can go outside the workers comp system and file a workers comp lawsuit if someone other than your employer contributed to your injury. For instance, if a negligent driver hits you while you are driving for work, you can sue that person for damages.

What happens when an injury is aggravated further at work?

That injury is aggravated further at work, suddenly becomes serious and the employer/carrier says the original injury didn’t occur at work. This also happens when the long-term effects of exposure to something at work result in a disease.

What to do if your insurance doesn't agree with your rating?

If the insurance company doesn’t agree with the rating, it can require you to get an independent medical exam (IME) by a doctor of its choosing. Chances are that doctor will give you a lower rating than what you (and your sore neck) feel you deserve. A lawyer can help convince a judge you are entitled to a higher rating.

What can a lawyer do to minimize the offset?

A lawyer can structure your settlement to minimize or eliminate the offset. Your employer retaliates against you – If you are fired, demoted, have your hours cut or are pressured to return to work too soon, a lawyer can argue the penalties are unwarranted. If you have a third-party claim – You can go outside the workers comp system ...

Do workers comp lawyers charge hourly?

Workers' compensation lawyers don't charge in the typical hourly fashion. Instead, they charge a contingency fee: a percentage of any workers' comp benefits they help you recover. Additionally, many states place caps on contingency fees in workers' comp cases.

Why do insurance companies deny workers compensation claims?

For example, the insurance company might claim that your injury wasn't work-related or that you filed your claim too late. (To learn more, see our article on common reasons workers' comp claims are denied .)

How long does it take for an ankle to heal after a desk job?

However, because you work a desk job, you were able to return to work fairly quickly and your ankle healed within a few weeks. In this case, your trip to the doctor would be covered.

Can you get wage loss if you work a desk job?

However, you probably wouldn't even receive wage loss benefits in most states because you were only out of work for a few days.

What are some examples of when you're best served by hiring a lawyer?

The following are some examples of when you're best served by hiring a lawyer: Your claim is denied. Insurance companies deny workers' compensation claims for a variety of reasons. For example, the insurance company might claim that your injury wasn't work-related or that you filed your claim too late.

Can insurance companies deny or delay medical treatments?

Insurance companies often deny—or delay in approving—expensive medical treatments, such as surgery. A lawyer can put pressure on the insurance company to approve necessary medical treatments in a timely manner. Your ability to work has been affected.

What to do if you can't work again?

If you can never work again, you'll need to maximize your workers' comp benefits and structure them in a way to last well into the future. If you need to change careers, you'll need to secure training in a new line of work. A lawyer can help you do both.

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