Friday, April 19, 2024

Workers’ Compensation For Shoulder Injury Requiring Surgery

Workers Compensation For Shoulder Injury Requiring Surgery

Compensation For A Shoulder Injury Requiring Surgery

If you have suffered a shoulder injury that required surgery, you may be wondering how much workers compensation you might be able to get. The average workers compensation for shoulder injury requiring surgery is $48,842.

If you have been injured at work and require surgery, its important that you file a claim with your employers insurance provider as soon as possible. The longer you wait to file, the harder it will be to get the workers compensation for shoulder injury requiring surgery that you need to cover medical bills and lost income.

In addition to lost wages and medical expenses, workers compensation can also help pay for counseling and retraining if your injury prevents you from returning to work in your previous profession.

What Are Causes Of Shoulder Injuries

The shoulder is a comprised of ball-and-socket joint with three major bones: upper arm bone , shoulder blade , and collarbone . Muscles, tendons, and ligaments hold the bones together. While workers who engage in heavy lifting may be at higher risk of suffering a shoulder injury, workers in many different professions suffer shoulder injuries serious enough to require the filing of a workers comp claim. Sports activities, illnesses, and falls are some non-work related causes of shoulder injuries. Common workplace causes of these injuries include:

How Workers Comp Is Computed In Virginia

In general, Virginia workers compensation is a weekly payment equal to 66.67 percent of your average weekly wages. The maximum compensation is worth 500 weeks, except in extreme cases.

Apart from your medical bills and other related expenses, your workers compensation should also cover your lost wages. A primary factor in calculating this is how much your injury has disabled you. Here are basic guidelines:

As you can see, determining your maximum workers comp settlement can be particular and confusing. In addition, you need to anticipate the methods that employers and insurers may use to reduce your case value. The best way to fight for your rightful compensation is by getting the help of a workers comp lawyer who is not only skilled but dedicated to helping real people instead of companies.

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Treatment For Shoulder Injuries

Many victims of workplace shoulder injuries will require rest and relaxation for treatment, but workers may also require more extensive treatment depending on the injurys severity. Oftentimes, cortisone shots or medications may be sufficient, but other times they may need shoulder support to help stabilize the affected area and allow for proper healing. In more extreme cases, surgery may be required followed by physical therapy and rehabilitation.

Nerve Damage Workers Comp Settlements

Understanding Work
  • $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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Maximize Your Compensation For A Shoulder Injury Requiring Surgery

To maximize your compensation for any claim that caused you to undergo shoulder surgery, you need:

Imaging films & surgical demonstratives of the shoulder surgery

An orthopedic doctor familiar with shoulder surgeries including shoulder replacements

Strong non-economic damages case development to highlight your specific life changes and losses

Please make sure whomever you hire as your lawyer understands and is capable of fulfilling these requirements.

If the injury was in a nursing home setting, you also need to investigate the failed safety issues that let this happen to you or your family. Thats a complicated conversation that extends too far beyond shoulder surgery compensation amounts to get into in this article.

If you need help, reach out to me via or using the contact form below. I am here for you.

I wish you a successful settlement for your claim.

Warmly,

Email:

Get Help Negotiating A Fair Workers Comp Settlement For Your Shoulder Injury Or Rotator Cuff Tear

You are a hard worker. And you may be dismissing your shoulder pain as something you can live with and work through.

Please do not. Even if you are not ready to undergo a rotator cuff repair or shoulder manipulation, act quickly and file a workers comp claim within the limitations period. It is the only way to protect your right to lifetime medical treatment and the wage loss replacement benefits you may need.

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Workmans Comp Will Determine The Schedule Loss Of Use

Next, using the Workmans Compensation Guidelines for Injured Workers, your physician will determine your Schedule Loss of Use or Medical Treatment Utilization Schedule from your shoulder injury.

The Schedule Loss of Use or MTUS determines the number of weeks workers compensation will be paid so that the shoulder injury can heal properly. The rate for these weeks of payment is based on the states workmans compensation laws.

Schedule Loss of Use and MTUS is measured as a percentage. To pinpoint your percentage, your doctor will:

  • Measure your shoulders range of motion.
  • Review MRIs, x-rays, MR arthrography, Computerized Tomography , and operative reports.
  • Detect red flag indicators of serious diseases.
  • Determine the diagnosis and whether you need surgery.

These factors will all determine the number of weeks you will receive workmans compensation.

How Long Does It Takes To Settle A Shoulder Injury Case

What is My Shoulder Injury Worth Under Iowas New Workers Compensation Laws?
  • It may take many months for someone to fully heal from a rotator cuff injury.
  • Even in less severe situations, recovery from these injuries can take anywhere from two to four weeks, whereas more catastrophic cases might take anywhere from six to eight months.
  • When the rotator cuff is torn between 80 and 90 percent, surgery is nearly always required.
  • However, even after surgery, healing does not necessarily entail a return to normalcy.

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Workers Comp Settlement Amounts For Shoulder Injury Claims

As we just mentioned, workers comp settlement amounts for shoulder injury claims will be different for different people. With this in mind, it is important not to focus on a specific dollar amount or trying to obtain an average settlement .

Instead, you should focus on working with your lawyer to fully calculate the current and future costs of your work-related shoulder injury. The factors that will determine the amount you can receive in workers comp benefits for your shoulder injury include:

  • Your medical needs related to your shoulder injury
  • How long your shoulder injury puts you out of work
  • Whether you are able to perform some of your job duties
  • Your wage on the date that you suffered your shoulder injury
  • Whether you need occupational therapy or retraining to get back to work
  • Whether you hire a lawyer to accurately calculate your benefits and negotiate on your behalf

Also, it is important to keep in mind that filing for workers comp might not be your only option. For example, a lawyer may be able to help you file for Social Security disability insurance benefits, or you could be entitled to personal injury compensation. To make sure you receive the largest overall workers comp shoulder injury settlement, you should discuss your situation with a lawyer right away.

What Is A Slap Tear

A SLAP tear is in the upper shoulder where the biceps tendon comes up into the shoulder and forms the cartilage socket of the ball-and-socket joint of the shoulder. The term SLAP tear comes from the location and extent of the injury. SLAP stands for Superior Labrum Anterior and Posterior. This is where the top part of the shoulder injury extends from the inside to the outside back , making a complete crescent-shaped tear where the biceps tendon attaches.

As a result, the entire shoulder and arm can destabilizeeven with minor force, movement, or exertion. This affects any type of push or pull motion, as well as any type of rotation where the ball of the humerus has to rotate in the injured socket. The biceps tendon can also become extremely weak because its anchoring point at the top of the shoulder is no longer attached to the bone. This causes weakness in any type of curling motion and, if the tear is significant enough, it can even cause weakness of the top of the forearm with any type of rotational injury .

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Rotator Cuff Injury At Work

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

Workers Comp Settlements And Medical Benefits

Sex after orthopedic surgery

Workers compensation insurance will cover reasonable and necessary medical expenses. Your doctor must document the need for surgery, and justify the amount of time you are excused from work. Depending on your states workers compensation laws, the insurance company might not pay for chiropractic care or alternate treatments, even if they make you feel better.

If youre thinking about settling your workers compensation case for a lump sum, its important to anticipate future medical expenses and include those expenses in the final settlement amount.

Most insurance companies will ask you to waive your right to any future medical care as part of the settlement. If you waive medical benefits, you cant go back to workers comp for more money if you develop medical complications later in life.

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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

Free Workers Compensation Consultations

The Law Office of James M. Hoffmann has practiced workers compensation law for over 20 years. We represent clients throughout the State of Missouri and in the greater St. Louis area. If you were injured at work, it is important to speak to a workers compensation lawyer about your legal rights and options. Please contact me, attorney James M. Hoffmann, for a free consultation about your case.

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Top Compensation For Shoulder Injury Victims

Block OToole & Murphy has a long history of obtaining top verdicts and settlements for accidents which cause severe shoulder injuries. Whether it occurred in a work accident, car crash, slip and fall, or another kind of accident-you deserve compensation for the damages you have suffered.

Since 2012, Block OToole & Murphy has recovered more results exceeding $1,000,000 than any other New York law firm. Top shoulder injury results we have won include:

  • $6,000,000 settlement for the passenger of a bus that was struck by a flatbed truck, requiring multiple surgeries including a surgical shoulder repair
  • $3,500,000 settlement for a motorist who was side-swiped in Queens, causing a tear in his left shoulder which required surgery
  • $3,250,000 settlement for a subway tunnel worker who was injured in a fall after the floor he was standing on collapsed, requiring surgery to both shoulders
  • $3,075,000 settlement after a boiler mechanic was injured in a ladder fall, causing injuries which later required arthroscopic shoulder surgery
  • $3,000,000 settlement for a construction worker who was injured in a work fall, ultimately requiring bilateral arthroscopic shoulder surgeries

Block OToole & Murphy is proud to serve all of New York and New Jersey.

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How To Estimate Your Workers Compensation Award

Workers’ Compensation and Shoulder Injuries

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.

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Workers Compensation For Shoulder Injuries Requiring Surgery

Treatment for shoulder injuries varies depending on the severity of the injury. You may need surgery to repair a torn rotator cuff tendon, for instance, which could require weeks off when you add together the time for the surgery and the rehab. Your employer cant make you go back to work before youre ready. A doctor will determine when that may be, but you should take your recovery seriously. Dont try to return to work before youre physically able to handle the job, or youll risk exacerbating your injury.

Workers compensation will cover part of your wages and medical bills while you heal. Its designed to allow employees to regain their strength and be ready to contribute fully upon their return to work. Unfortunately, insurance companies dont always want to pay the benefits on workers comp and may claim that youre not really injured or didnt sustain the injury on the job. In these cases, you can fight the ruling with the assistance of a top-notch lawyer.

Get Accessible And Convenient Shoulder Injury Workers Compensation

Here at Cushing Law Offices, we understand the potential consequences of a case. This is why we offer a free consultation to determine how we can assist you and assess your legal situation. At our locations in Chicago, Flossmoor, and Evanston, our helpful staff truly cares and can help ensure your case is handled with unrivaled professionalism and comprehensiveness. If you have sustained a work-related injury requiring shoulder surgery, contact Cushing Law Offices, and we may be able to help you reach a shoulder surgery workers comp settlement. Contact us today at 312-726-2323 and well help determine if you have a case and provide you with the representation that you deserve.

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Medical Costs Of Different Shoulder Injuries

The exact cost of a shoulder injury will of course depend on the particulars of the case. However, most shoulder injuries cost quite a bit of money.

Shoulder injuries cost workers an average of $20,000 per year in medical expenses, without accounting for the cost of surgery. You also have to factor in the lost wages from time off work. Most workers miss at least 3 weeks of work after a shoulder injury.

You should also factor in the type of shoulder injury when estimating medical costs. Here are a few of the most common shoulder injuries and how much they could cost.

Cost Of Rotator Cuff Injuries

The rotator cuff is a group of muscles and tendons that are crucial for smooth, painless arm movement. They connect the upper arm bone to the shoulder socket, and if they are damaged, range of motion can be limited. The rotator cuff can be injured by an acute injury, but often tendons are muscles are slowly damaged over time.

Mild rotator cuff injuries may heal on their own, especially if the damage is muscular. However, many cases require steroid injections, physical therapy, or surgery. Most rotator cuff surgeries will cost around $10,000.

Labral Tear Cost

The labrum is a pad of tissue that rests between the upper arm bone and the shoulder socket. It the labrum is worn down or torn, movement can be quite painful, as the arm bone rubs against the shoulder socket.

Shoulder Replacement Cost

Dislocated Shoulders Cost

Frozen Shoulder

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