Sunday, April 14, 2024

Rotator Cuff Surgery Workers’ Comp Settlement

Rotator Cuff Injury At Work

Rotator Cuff Injuries and Your Georgia Workers’ Compensation Claim

About 90% of the shoulder injury cases I handle involve rotator cuff tears.

Those of you who work in physically demanding jobs that require frequent use of your arms and hands are at the greatest risk of suffering a torn rotator cuff.

Many of the rotator cuff tears claims I handle involve:

  • Construction workers, including roofers, electricians, linemen, and plumbers

How To Estimate Your Workers Compensation Award

After a work-related shoulder injury, the value of any workers compensation benefits you receive will be calculated based on a combination of factors, including:

  • The cost of any reasonable and necessary medical expenses you incur as a result of your shoulder injury.
  • The cost of vocational rehabilitation services, such as education or retraining, which you may qualify for if your injuries prevent you from earning a certain percentage of your pre-injury wages.
  • Temporary disability benefits if you cannot return to work in your usual capacity for a temporary period. Partial or total temporary disability benefits are capped at two-thirds of the difference between your pre-and post-injury income or the statewide maximum.
  • Permanent disability benefits if you reach maximum medical improvement and are still unable to return to work. If you are permanently disabled due to a rotator cuff injury, you could receive up to two-thirds of your average weekly wages, up to the state maximum, for the duration of your disability.

I Had Surgery For My Rotator Cuff Injury Does This Make A Difference

Yes. Having rotator cuff surgery, be it an open surgery or an arthroscopic surgery, will have a high chance of affecting your settlement value. This is both because surgery indicates your rotator cuff tear was serious, and also because surgery is invasive and requires longer recovery times and results in more medical expenses.

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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. Other feel the aggravation in any movement and want to be accommodated by rest or, perhaps moving to another job until the injury has completely healed.

Physical demands on the worker should be adjusted for size and fitness. Restrictions on lifting, pulling or pushing would be common for workers dealing with shoulder injuries. Shoulders are aggravated most often by raising the arms overhead, so the first restriction would be how much weight if any a worker should try to lift over his/her head.

Using an outstretched arm is another barrier for people with shoulder injuries and the same is true for forceful activities involving the arm such as operating a drill or other heavy equipment.

It is up to the employee and supervisor to determine what actions cause pain and whether activity common their work area causes more pain to the shoulder.

Gather Your Medical Records

Rotator Cuff Tear Settlements (Car Accidents, Motorcycle Accidents, Etc.)

Include any insurance payments when you calculate your medical expenses. Since rotator cuff injuries in particular are often progressive in nature, you will need to consult with your doctor or other medical expert to estimate any future medical expenses. Although in court this amount would be determined by expert testimony, during settlement negotiations with an insurance company, a notarized statement from the medical expert in question might suffice. Add together present and estimated future medical expenses to arrive at a subtotal.

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Can The Insurance Company Refuse To Pay For Surgery For My Work Injury

Yes. Self-insured employers, workers comp insurers, and third-party claim administrators such as Sedgwick, Gallagher Bassett, and ESIS often refuse to authorize surgery.

Surgery is expensive. To save money, insurers often delay or deny surgical authorization even if you have an Award Order. The hope is that you give up and do not push the issue.

Common reasons given for denying surgery include:

  • The operation is not medically necessary because it is unlikely to help.
  • Conservative treatment methods have not been exhausted.
  • An unauthorized physician recommends the surgery, not your authorized doctor.

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A Workmans Comp Settlement For Shoulder Injury Will Help You Heal

A fair workmans comp settlement for your shoulder injury will help bridge the gap while your body heals. For most shoulder injuries, a lump sum payment will be able to cover all your medical and living expenses while youre unable to work, giving you peace of mind and time to heal.

If your shoulder has been injured on the job and you are unsure how to proceed or are worried that your case wont receive fair assessment, you should call a workers comp lawyer for help.

Invictus Law, PC is a small workers compensation law firm specializing in representing Californias injured workers. We strive to help clients get the care they need to obtain the best recovery possible and get on with their lives.

Do you have a work-related shoulder injury and need legal help with your workmans comp case? Contact Invictus Law to ensure youll get the money you need to cover all your costs.

Does Rotator Cuff Tear Qualify For Disability

Settlement Value of Torn Rotator Cuff Lawsuits

Tendons have a tendency to rupture as a result of stress when muscles are worked beyond their capacity or when they are exposed to excessive force. Tears in a persons rotator cuff can significantly restrict their range of motion, which may make them eligible for disability payments due to their incapacity to continue working.

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Sample Compensation For Shoulder Injury Requiring Surgery

Compensation for shoulder injury and surgery from car collision

$38,550.00 : A mid-20s male driver was going west through an intersection when a vehicle going north failed to stop at their stop sign. The car slammed into the plaintiffs vehicle and caused the plaintiff to suffer a shoulder strain and a torn shoulder ligament. There was the need for extensive physical therapy as well as arthroscopic surgery for the shoulder as well to help with the recovery process. I would not consider this a fair compensation for a shoulder injury resulting in surgery. I suspect there are additional facts we dont know about this compensation result that impacted the recovery.

Compensation for shoulder injury and surgery from work accident

$48,145.00 : A self employed male contractor suffered injuries to his right shoulder which had a previous shoulder impingement. The plaintiff suffered additional damage that required another shoulder arthroscopy. The surgery period and the associated physical therapy required that the plaintiff miss considerable time from work which played into the economic losses recovered in the settlement. This below par shoulder surgery compensation could be explained by a conservative venue, but Im not 100% sure as the compensation report I found did not have a great deal of additional facts.

Shoulder injury and surgery recovery from pickup truck accident

Compensation for shoulder injury that required surgery from parking log collision

What Are The Causes Of A Shoulder Injury At Work

Although many people don’t know what rotator cuff injuries imply, shoulder injuries are common among office workers, programmers, and even gamers. Damaging this area of the human body can make it impossible for people to move their arms freely, raise them, or even move their necks without feeling discomfort and pain.

There are many ways to get rotator cuff injuries. Here are some of them:

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Shoulder Surgery Settlements Disclaimer

A necessary and important disclaimer is needed here.

Just because the average shoulder surgery compensation amount is around $200k does not mean thats more or less what you should, could, or might get.

Youve seen that disclaimer on every legal website that says every case is different or past results do not guarantee future results.

Theres a reason for those disclaimers. Its because the lawyer does not know the facts of your case.

Until a lawyer knows those nuanced facts, she or he cant ping your case value against any measuring stick of prior shoulder injury and surgery compensation amounts.

Personal Injury Lawyer Near You In Maryland & Beyond

New Rotator Cuff Balloon Procedure Could be Game Changer for Severe ...

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I have helped clients in over a dozen jurisdictions, including California, Delaware, District of Columbia, Georgia, Illinois, Iowa, Massachusetts, Maryland, Mississippi, New Jersey, New Mexico, New York, North Carolina, Pennsylvania, South Carolina, Washington, and Virginia.

I help injured victims nationwide in all 50 states on a case-by-case basis via Pro Hac Vice.

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Is Frozen Shoulder A Disability

The frozen shoulder condition causes limb dysfunction and a decrease in quality of life for patients, although the elements that are connected with the patients disability and quality of life are not well understood. to evaluate patients who are suffering from frozen shoulder in terms of pain, disability, quality of life, and the variables related with each of these aspects.

Michigan Lawyer Discusses A Workers Comp Settlement For A Torn Rotator Cuff And How To Get The Largest Possible Amount

Employees who are hurt on-the-job have significant legal rights in Michigan. This includes payment of medical bills and wage loss benefits. Many of our clients want to know about a workers comp settlement for a torn rotator cuff. Cashing out allows them freedom to do medical treatment and vocational rehabilitation on their own terms. It is a good option for someone who cannot go back their job and wants to start fresh.

The amount awarded is going to depend upon how much money the insurance company thinks it must payout in work injury benefits. Insurance companies know the value of claims and they do not want to overpay. The way to get the largest possible amount is by developing both medical and vocational evidence.

Insurance companies look at medical treatment and how long a person is expected to be off work. We tell our clients that a good workers comp settlement for a torn rotator cuff provides sufficient money to cover future medical expenses and several years of lost wages. Watch out for insurance companies who offer low-ball payout amounts based upon biased medical and vocational opinions.

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Rotator Cuff Surgery Workers Compensation Settlement Lawyer

Get rotator cuff surgery workers compensation settlement process information. Top attorney Jimmy Hanaie provides a free consultation about rotator cuff surgery workers compensation settlement claims. In this post, we will explain important information about personal injury law and what initial steps to take.

Generally, rotator cuff surgery workers compensation settlementclaims involve civil liability, personal injury, and other damages.Lawyer Jimmy Hanaie represents individuals that have suffered a personal injury and seek financial compensation. These claims result from automobile accidents, slip and falls, wrongful death incidents, homeowners insurance, work injury, construction accident, trip and fall, and other injuries to people. Additionally, most California personal Injury lawyers work on a contingency basis and only get paid if the client wins.

Take the time and speak with an experienced attorney. There are many important reasons why you should consider speaking with an attorney right away if you or a loved one have been injured. You can speak to us anytime even if you think that you do not have a good case, without insurance, or already have a lawyer.

Nerve Damage Workers Comp Settlements

Workman’s Comp : Rotator Cuff Surgery & Workman’s Comp
  • $1,078.00 per week for life arbitration award for a carpenter/supervisor who suffered a nerve injury with surgery. Found to be permanently and totally disabled for life with a projected total payout of well in excess of $1,000,000.00 based on life expectancy.
  • $275,000.00 for a pilot with pudendal neuralgia.
  • $225,000.00 for a flight attendant who suffered from a nerve injury with surgery.
  • $225,000.00 for a warehouse manager who fell on a staircase and required a cubital tunnel surgery.
  • $200,000.00 plus a Medicare set-aside for a waitress who slipped and fell and suffered a brain injury.
  • $187,000.00 for a part-time worker who suffered from reflex sympathetic dystrophy.
  • $170,000.00 for a ramp serviceman who was diagnosed with myofascial pain syndrome who slipped and fell on ice.
  • $122,500.00 for an injured ramp agent with alleged reflex sympathetic dystrophy.
  • $115,000.00 for a waitress who suffered from reflex sympathetic dystrophy.
  • $100,000.00 for an office worker with non-operated tendonitis.

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Average Workers Comp Settlement For Torn Rotator Cuff

According to Floridasclaims data, the average workers comp settlement for sprain or strain to the upper extremities like a torn rotator cuff ranges from $20,000 to $23,000. Though the average workers comp benefits for such injuries can go up to $33,000.

However, not all torn rotator cuff injuries are covered by workers compensation. To be eligible for benefits, you first have to prove that they are work-related.

Unfortunately, most rotator cuff injuries are cumulative in nature. Meaning, they develop over time due to wear and tear. As such, proving that they are work-related can be a challenge.

Besides, the extent and severity of torn rotator cuff injuries tend to vary widely. So theres a good chance youll receive much more or much less than the average workers comp settlement for torn rotator cuff.

To determine how much youre entitled to and ensure that you dont get shortchanged, heres a quick guide for you.

S To Take To Obtain A Workers Comp Shoulder Injury Settlement

In order to make sure you are able to obtain the largest possible workers comp settlement for your shoulder injury, there are some steps you should take right away. These steps include:

  • Report Your Shoulder Injury At Work In order to file for workers comp, you need to report your shoulder injury at work, and you need to do so before the deadline expires.
  • Seek Treatment for Your Shoulder Injury It is extremely important that you seek treatment for your shoulder injury promptly. Note that you might need to see an approved doctor depending on where you live.
  • Talk to a Lawyer about Your Claim The best way to protect yourself after suffering a work-related shoulder injury is to consult with an experienced attorney. You can get started with a free claim assessment 24/7 through WorkInjurySource.com.

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How Permanency Impacts Compensation For Shoulder Injury With Surgery

If you have permanent restrictions after a shoulder surgery, it means you can no longer engage in the same lifestyle that you used to partake in before the shoulder injury and surgery.

Permanent shoulder restrictions, therefore, affect your shoulder injury compensation for two major reasons:

You will have the potential for lifelong pain and will also need lifelong medical treatment to address that shoulder pain

Your quality of life and normal activities will be permanently affected in a negative manner

These realities translate into higher shoulder injury compensation amounts because you have more pain for a longer period of time and have to change your life in ways you would not have had to if you didnt suffer this injury and didnt have to undergo the related surgery.

The amount of compensation increase you obtain will vary depending on the type and extent of future needed medical interventions, and the specific life activities you can no longer perform.

Your lifestyle, job and activity level before surgery, as well as your age and any prior injuries will also have a big impact on your recovery for a shoulder surgery claim.

Understanding The Timeline Of A Workers Comp Shoulder Injury Settlement

New York Workers

So, those are the main steps you need to take in order to seek a settlement. Now, what can you expect as far as the timeline of your workers comp shoulder injury settlement?

In short, it depends. In some cases, employers will agree to settle shoulder injury claims relatively quickly. Since workers comp is a no fault system, these companies wont have viable defenses to paying benefits in most cases. With that said, the timeline for a shoulder injury settlement still depends on several different factors, and it could take anywhere from several weeks to several months to resolve your workers compensation claim.

It is also important to understand that a settlement is not guaranteed. While a lawyer can negotiate for a settlement on your behalf , a lawyer cannot make your employer settle if it doesnt want to. With that said, hiring an experienced lawyer will absolutely give you the best chance to obtain a settlement as quickly as possible and, even if settling isnt an option, a lawyer can still help maximize your workers comp benefits for your shoulder injury.

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