Rotator cuff injuries are relatively common. Your chances of experiencing a rotator cuff or other shoulder injury increase depending on which industry you work in. For example, construction workers are routinely at risk for various injuries. Unfortunately, this injury can stop you from working long while it heals.
Being out of work because of an injury, such as a torn rotator cuff, means that you could be able to file a workers’ compensation claim with your employer. This should help with your finances while you recover, but some employers make it difficult to recover fair compensation.
At Rosenfeld Injury Lawyers, we help clients seek a fair settlement amount for such injuries. Read on to learn more about the average workers’ comp settlement for shoulder injury cases, what a torn rotator cuff is, and more.
Understanding Rotator Cuff Injuries
A rotator cuff is a part of your shoulder that helps stabilize your arm and allows it to move more flexibly. Largely comprised of muscles and tendons, rotator cuffs are prone to tearing or repetitive use injuries.
In many cases, these injuries are caused by repetitive use or extreme stress on the muscles and tendons in the shoulder. Depending on how severe the injury is, you may need surgery to repair a torn rotator cuff or face a permanent lifting restriction.
Shoulder injuries range from mild to serious injuries, with the most severe cases requiring surgery to repair. A mild injury can be a rotator cuff sprain, where the muscles and tendons are stretched or used to their limits without breaking. Sprains often heal on their own over time, which requires rest and minimal use during the healing process.
A more severe injury can include a partial rotator cuff tear, where the muscles and tendons rip under pressure. A rotator cuff tear can heal on its own, but it generally requires medical treatment to fix. This injury will force you to stop using your arm for an extended period while it heals, making it difficult or impossible to work.
The most severe cases are rotator cuff tears, which require medical treatment to fix. A completely torn rotator cuff goes all the way through a muscle or tendon, severing it entirely. Rotator cuff surgery is necessary to reattach the torn pieces so that they can heal.
Regardless of the severity of the injury, you may have to take time off work to heal from a torn rotator cuff or other shoulder injury. Workers comp shoulder injuries can stop you from working and severely restrict shoulder movement. Workers’ compensation can help you deal with problems like paying for medical treatment and lost wages while you cannot work.
Common Causes of Rotator Cuff Injuries
Rotator cuff injuries are caused by many different factors, including:
- Repetitive motions
- Sudden impact injury
- Aging
- Extensive stretching or pulling on the should joint
Some industries are more likely than others to lead to a shoulder injury claim. Sports that require throwing, construction, and manufacturing have a significantly higher chance of causing shoulder injuries. These industries often require workers to put extreme stress on their joints and shoulders, causing injuries over time.
Are Rotator Cuff Injuries Covered by Workers’ Compensation?
In some cases, workers’ compensation covers rotator cuff injuries, especially when the injury occurred at work. For example, if a rotator cuff tear happens due to trauma at work, your medical expenses and physical therapy could be covered because it is an apparent work injury.
Even some shoulder injuries from repetitive motions at work could qualify for workers’ compensation if you can prove that your work duties contributed to the shoulder injury. Your workers’ compensation lawyer can help you assess fair compensation for your shoulder injury and give you an idea of what settlement amount to expect.
Can You Get Compensation for Pre-Existing Rotator Cuff Injuries Aggravated by Work?
Generally, it is possible to receive workers’ compensation even if you have a pre-existing shoulder injury. You must prove there was a work-related aggravation of the injury that contributed to its severity or worsened it.
Average Rotator Cuff Injury Settlement Value
How much you can expect to receive in a rotator cuff injury settlement varies. Every case has different factors that change settlement value. However, looking at similar cases can help you understand what to expect from a settlement. Data suggests that the median case is around $20,097 [1].
Settlements by Rosenfeld Injury Lawyers
While rotator cuff injuries are often filed as a part of workers’ compensation claims, it is possible to experience shoulder injuries in any activity. Rosenfeld Injury Lawyers handles personal injury claims for various cases, including workers’ compensation cases.
To better understand what you can expect for workers’ compensation shoulder injuries, look at some of our previous cases that may be similar to yours.
When a cyclist was injured in a truck accident, we recovered $805,500 in compensation. This settlement helped pay for the cyclist’s rotator cuff surgery. Alternatively, we also handled a case for another cyclist who was injured by a car door and suffered a torn rotator cuff. We recovered $1 million in compensation.
Similarly, we recovered $805,500 for yet another cyclist injured by a truck making a turn. He missed a year of work because of his injuries, which included damage to his rotator cuff.
In another case where a child was injured by construction materials, we recovered $7,150,000 in compensation. The damage to the child’s arm was extensive and required rotator cuff surgery.
We also represented a construction worker with a workers’ comp shoulder injury. He suffered a torn rotator cuff and chronic pain, among other injuries. Although he did not return to construction work in the same capacity and switched to an administrative role, we could recover $2,150,000 in compensation.
We represented a patient in an assisted nursing facility who fell down the stairs, suffered a torn rotator cuff, and needed surgery. The $570,000 settlement helped pay for two surgeries and future medical expenses.
With experience handling a wide range of personal injury cases, including injuries to the shoulder blade, shoulder joint, upper arm bone, and partial tears, we can help you with cases involving workers’ compensation shoulder injuries.
Book a free case evaluation
Compensation Awarded in Rotator Cuff Injury Cases
The average workers’ comp injury case includes compensation for several common damages. Among these are:
- Medical costs
- Physical therapy
- Disabilities
- Pain and suffering
- Vocational rehabilitation costs
- Lost wages
- Permanent impairment
- Shoulder impingement
The compensation you can receive depends on several factors, including the amount you suffered in damages. For example, a case where you underwent shoulder surgery can result in more compensation than a case where the injury only resulted in shoulder pain and missing work for a week. To better understand what to expect in your settlement, schedule a free consultation with Rosenfeld Injury Lawyers.
Factors Influencing Rotator Cuff Injury Settlements
While it is challenging to predict shoulder injury settlements in terms of size, some known factors influence shoulder injury cases. The biggest factor that affects a potential settlement is whether you suffered permanent injuries.
f you suffer a permanent disability that stops you from returning to your job, you may be awarded more compensation based on your expected income over the rest of your life.
Every state has different workers’ compensation laws, which dictate how companies handle your workers’ comp claims. In some cases, companies are required to hold higher-value insurance than elsewhere. The nuances of workers’ comp laws are one of the biggest reasons why you should work with a lawyer to navigate the claims process.
What Happens if You Can’t Return to Work After Your Injury
Your shoulder injury may stop you from returning to work in the same occupation. For example, a construction worker with a permanent injury from a torn rotator cuff may not be able to work in construction anymore. This type of permanent disability can change the value of a settlement.
The Time it Takes to Receive a Settlement
Most shoulder injury settlements through workers’ compensation take six to 18 months to settle. Sometimes, disputes with the insurance company or medical evaluations can delay receiving compensation for a shoulder injury claim.
The Role of an Experienced Workers’ Compensation Attorney
A Chicago workers’ compensation attorney from Rosenfeld Injury Lawyers can help you with your shoulder injury claim, whether you suffer from a torn rotator cuff or require surgery. We can guide you through the claims process, gather evidence, and negotiate your settlement. With our help, you can focus on your recovery while we take care of the details.
Steps an Injured Worker Should Take
After suffering a rotator cuff injury at work, you should:
- Report your injury immediately to your employer
- Seek prompt medical treatment and follow your doctor’s recommendations
- Document all of your expenses, medical diagnoses, and missed workdays
- Keep clear and accurate records of communication with your employer and insurer
Maximizing Your Workers’ Compensation Settlement Amount
To maximize your settlement, consult a Chicago personal injury attorney early. We can help you avoid common pitfalls many clients make without proper legal representation, such as signing documents without legal advice and accepting the first offer. Do your best to maintain comprehensive records, as this can support your case.
Secure Expert Legal Counsel!
At Rosenfeld Injury Lawyers, we have a strong track record of securing more than $450 million for our clients. We offer free consultations and work on a contingency fee basis. You don’t have to pay anything upfront for our services. We get paid only when you do.
Book a free consultation with a workers’ compensation attorney by filling out our contact form or calling toll-free at (888) 424-5757.
Resources: [1] National Library of Medicine