Shoulder injuries can keep employees out of work for extended periods. Any number of accidents can lead to a shoulder injury, and some workers endure pain due to overexertion or lifting a heavy object. The comforting news is that Louisiana requires that most employers carry workers’ compensation insurance. As a result, you should qualify for benefits if you injured your shoulder while working. Contact Inzina Law Injury Attorneys if you have any questions about how to get compensation for a shoulder injury at work. Our firm is dedicated to helping workers. We have ample experience with shoulder injury workers’ comp settlements, and we can describe more about the process in a consultation. Below, we provide some general information about shoulder injuries.
How Do People Suffer a Shoulder Injury at Work?
The shoulder has many moving parts and is one of the more complicated joints in the body. The main parts include:
- Collarbone (clavicle)
- Shoulder blade (scapula)
- Upper arm bone (humerus)
- Ball-and-socket shoulder joint
- Cartilage
- Tendons
- Muscles
Any part of the shoulder could be injured. Some common injuries include fractures of any bone in the shoulder due to a fall or a struck-by accident. A construction worker might be hit by a falling object and suffer a broken clavicle, as well as injuries to the tendons.
Other shoulder injuries build over time. For example, constant repetitive emotions can cause tiny injuries and inflammation. Over the course of months and years, these injuries can lead to ever-worsening pain. Eventually, a worker might need to stop because the pain is too intense.
Overexertion is another common cause. You might lift a heavy object and end up straining a muscle.
The pain might be immediate. Overexertion is a leading cause of injury in Louisiana.
There is No Set Amount of Compensation an Injured Worker Can Receive
Workers’ compensation in Louisiana will pay benefits to injured workers to cover:
- Medical care for a shoulder injury. You might need surgery, corticosteroid injections, rehabilitation, and pain killers, among other treatments. You should not have to pay for any reasonable and necessary care—your employer’s workers’ compensation insurer will pay.
- Temporary disability payments. If you can’t work because of your shoulder injury, you should receive two-thirds of your average weekly wage. Some workers can return to light duty, such as part-time hours. If so, you can receive two-thirds of the difference between your current income and pre-injury income.
- Vocational rehabilitation benefits. Depending on the severity, you might need retraining after suffering a shoulder injury. You should request vocational rehabilitation.
Each shoulder injury is different. Some people can recover after a couple weeks of rest and medical treatment. Others might need extensive rehabilitation after surgery before they can lift their arm over their head again.
Generally, the more severe the injury, the more money you can receive. Also, the higher your salary, the more you will receive. These are some of the most critical factors that influence the size of a shoulder injury settlement.
What Are Typical Shoulder Injury Workers’ Comp Settlements?
According to data collected by the National Safety Council, the average 2023 shoulder injury settlement was $49,838.
Broken out, that amount included $25,821 in medical care benefits and $24,017 in indemnity (wage loss) benefits.
Of course, as mentioned above, shoulder injuries can vary widely. These workers’ comp settlement amounts for a shoulder injury might not be close to what you can receive for a shoulder injury. You might suffer a devastating crush injury that destroys the ball-and-socket joint, requiring a joint replacement. And you might miss a year of work to recover. That type of injury will receive more than $48,000 in workers’ compensation benefits.
You should meet with an experienced Lafayette, LA workers’ compensation attorney at our firm to review what you might receive. Too many considerations are involved to make the “average” number particularly useful. Another factor is whether you suffered a shoulder injury before and were experiencing limitations before the accident. If so, you might receive less due to a pre-existing injury.
Remember, workers’ compensation doesn’t pay anything for pain and suffering. The above average also doesn’t account for a possible lawsuit against a third party, such as the manufacturer of a defective piece of equipment. This type of personal injury lawsuit can increase the amount you receive in total.
How Much Can You Receive for Your Shoulder Injury?
As lawyers, our job is to fully evaluate your situation to determine what represents a fair workers’ compensation settlement. Please share details about your diagnosis and any treatment. Typically, we request copies of medical records so we can better understand the care you have received—and what care you will need in the future.
Our firm can also bring a third-party lawsuit. You cannot sue your employer if you receive workers’ compensation benefits, but a different person or entity could have liability. If so, we can seek full compensation for any lost income. (Remember, workers’ compensation pays, at most, about two-thirds of your average weekly wage).
A lawsuit can also seek damages for pain and suffering, mental anguish and similar intangible losses which workers’ compensation won’t cover. Let’s get started reviewing your case in a free consultation.
Should You Settle Your Workers’ Compensation Claim?
Settling a workers’ compensation claim is common. It allows injured workers to receive benefits upfront. You can then use the benefits however you want. For example, you might need to pay off bills, or you could even invest the amount, and receiving a settlement is helpful.
There are downsides to settling. You need to make sure you get as much compensation as you can.
Once you settle, you can’t go back and request more compensation. Hire the right lawyer who understands the settlement process.
Call Our Lafayette Workers’ Compensation Lawyers
Inzina Law Injury Attorneys have won many workers’ compensation cases and obtained favorable settlements for injured workers. Our lawyers can help with all work-related cases, including shoulder injury workers’ comp settlements. Call our firm to schedule a free, no risk consultation with our office.