Shoulder injuries are very common workers comp claims that can occur in a wide variety of work environments. They happen far too often in many industries, and constant motion is not always a primary reason for the damage. It is easy for those who work in manual labor positions to strain a shoulder or even tear a muscle totally when working under stressful conditions.
There is also a wide array of associated problems such as nerve damage that can be experienced in the shoulder when certain injuries occur, including completely torn muscles and even frozen shoulder when the problems are severe. Frozen shoulder is also common, and it can even be the result of a surgery that has gone awry in some manner either during the operation or following when the shoulder is not responding properly during the regrowth process.
Multiple moving parts means the possibility for many different injuries always exists, and the number of potential issues requiring surgery is extensive. Additionally, all surgeries will require considerable physical therapy for the shoulder injury to heal properly regardless of the type of injury.
Labral Tears
The labrum is the flexible tissue located inside of the shoulder and rotator cuff area, and many workers have suffered labrum issues in excessive repetitive motion jobs. Tearing of this tissue is common in workplace accidents as well as in long-term repetitive motion injuries, and while surgery may not always be required, the labrum almost always takes a long time to heal.
These injuries are also called shoulder strains, and they can still leave the victim unable to work in their traditional job.
Dislocated Shoulder
Another type of shoulder injury is a dislocation. While a shoulder sometimes can be returned to its normal seating position in the should region, there will be still be at least a strain to some component of the hinge. The shoulder is a combination of muscles, tendons, and bones that are all interconnected in a manner that allows some shifting of all parts when in use.
A strain in any location can create an inability to perform satisfactorily in any manual labor job, and many times an actual complete dislocation happens. Even when the injury appears as moderate, the truth is that seemingly minor problems can escalate to a worse situation, including complete dislocation. Medical bills for a dislocated shoulder can range from $1000 upwards to $8000 when surgery is needed for full recovery.
Rotator Cuff Reconstruction
Some of the most serious workplace injuries is anything associated with the rotator cuff, and many of those even produce a completely torn assembly. The rotator is the entire ensemble of tendons and muscles connected to the shoulder bones via tissue strands. It allows for full-range movement of the shoulder. It is the axis of all movement in that area, and is a primary component of the full skeletal system.
Injuries to the rotator can happen in multiple ways, but repetitive motion is a very common material fact in many claims. The most common repair is surgery for the entire area with a recovery period of at least two months when all redevelopment is happening on a natural schedule. The problem with this surgery is that internal tissue could be damaged as well, and many times it will become a nagging lingering problem for the remainder of the injured worker’s life.
Degrees of Shoulder Injury
There are effectively four degrees of inability that could apply in any shoulder injury claim. Many shoulder injuries will render the injured worker debilitated to some level because they rarely grow back to full rehabilitation. There will be some limitation in range of motion and lifting ability for all workers who need surgery. Many claimants still have physical issues after a surgery and are typically classified as:
- Temporary partial disability
- Temporary total disability
- Permanent partial disability
- Permanent total disability
These types of injury classes are generally self-explanatory, but each case is still unique when it comes to determining a fair shoulder injury settlement. The injury is usually assessed based on a percentage of total utility remaining in the shoulder itself along with the medical prognosis regarding a rehabilitation time frame.
A standard workers compensation settlement could include up to 500 weeks in some states, and many insurance companies will want to settle in a reduced lump sum as opposed to weekly when the injured worker is permanently or totally disabled. The percentage of lost ability in the shoulder matters greatly when a workers comp settlement is being finalized.
Potential Workers Comp Benefits
Workers compensation is designed to cover medical expenses for workplace injuries as well as replace a major portion of lost wages for the injured worker. Permanent injuries are more valuable claims, and especially if they are severe and will not rehabilitate.
Injuries that occur in workplaces where employers are totally compliant with all OSHA rules and regulations and whose negligence did not contribute to causing the injury will only result in financial recovery for medical bills and lost wages for the time covered by the policy or until the injury is repaired to the point the worker can return to work.
Workplace injuries that do include negligence evidence can result in an additional personal injury lawsuit for whole damages resulting from long-term impact of the injury, including mental anguish associated with inability to earn a living during the recovery period or beyond when the injury is a total permanent disability.
Determining an equitable workers comp settlement amount always requires the expertise of an experienced workers compensation attorney who handles cases on a regular basis. While shoulder injuries can be comparable in the difficulty they will place on the victim in the future, the amount of compensation is usually based on the level of rehabilitation and the medical treatment regimen in bringing the shoulder back into a workable condition.
This does not always happen, and when it is irreparable the claimant needs solid representation from a legal professional who understands how to quantify the problem monetarily.