If you’ve suffered a shoulder injury at work requiring surgery, you may wonder what kind of workers’ compensation settlement you might be entitled to. Shoulder injuries can significantly impact your ability to work and often require extensive treatment, including surgery, physical therapy, and rehabilitation.
At E&L, LLP, we understand the challenges you’re facing and are here to help. Below, we’ll explain the average workers’ compensation settlement for shoulder surgery and the factors that may affect your claim.
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FREQUENTLY ASKED QUESTIONS
- How Much Workers’ Compensation Should I Expect for My Shoulder Surgery?
There is no one-size-fits-all answer to this question because every case is unique. Settlements depend on various factors, including:
- Severity of the injury
- Cost of medical treatment
- Impact on your ability to work
- State-specific workers’ compensation laws
Workers’ compensation settlements for shoulder surgery can range from several thousand to hundreds of thousands of dollars. Severe injuries and lengthy recovery periods typically result in higher settlements.
Since settlement amounts are negotiated between the injured employee and the insurance provider, having an experienced workers’ compensation attorney is crucial. They can ensure you receive fair compensation for medical expenses, lost wages, and rehabilitation costs.
- What Are Common Causes of Shoulder Injuries in the Workplace?
Workplace shoulder injuries can result from a variety of factors, including:
- Repetitive Motion: Jobs requiring repetitive tasks, such as lifting, reaching, or overhead work, can lead to strains, sprains, or tendinitis.
- Overexertion: Lifting heavy objects, pushing, or pulling can cause overexertion injuries.
- Falls: Slips and falls, whether from heights or on level ground, are a leading cause of shoulder injuries.
- Motor Vehicle Accidents: Workers who drive as part of their job may suffer shoulder injuries in crashes.
- Contact Injuries: Being struck by falling objects or getting caught in machinery can cause significant shoulder damage.
- Awkward Postures: Tasks that require reaching overhead or holding awkward positions can strain shoulder muscles and tendons over time.
- Does Surgery Increase Workers’ Comp Settlements?
Yes, surgery often increases workers’ compensation settlements because:
- Surgery is expensive. The cost of the procedure, post-operative care, and physical therapy can drive up settlement amounts.
- Recovery takes time. Extensive recovery periods often lead to additional lost wages and benefits.
However, settlements are also influenced by other factors, such as the circumstances surrounding the injury. For example, if the injury occurred due to gross negligence by the employer, the settlement may be higher. Conversely, if the injury was caused by employee misconduct (e.g., operating machinery under the influence), the claim may be denied.
- Why Do Insurance Companies Deny Workers’ Comp Claims?
Common reasons for claim denials include:
- The injury did not occur at work. If the insurer believes the injury happened outside work-related duties, they may deny your claim.
- Lack of evidence. Claims without witnesses or medical documentation may be challenged.
- Pre-existing conditions. Insurers often argue that injuries are not work-related if you have a pre-existing condition.
- Failure to report the injury on time. Workers’ compensation claims are time-sensitive, and delays in reporting may result in denials.
- Failure to seek medical attention. Delays in treatment or ignoring medical advice can jeopardize your claim.
- How Soon After a Work Injury Should I Seek Medical Attention?
Seek medical attention immediately or within the first 48 hours after your injury. Prompt treatment ensures better health outcomes and strengthens your workers’ compensation claim. Delaying care can lead to claim denial.
- How Can a Workers’ Compensation Lawyer Help If I Need Surgery?
A workers’ compensation lawyer provides valuable assistance by:
- Filing Your Claim: Ensuring all paperwork is completed and submitted accurately and on time.
- Advocating for Your Rights: Fighting to secure the benefits and medical care you deserve.
- Negotiating a Settlement: Working to maximize your compensation for surgery, lost wages, and other expenses.
- Assisting With Appeals: Representing you if your claim is denied and guiding you through the appeals process.
- Providing Legal Guidance: Offering strategies and advice to help you navigate workers’ compensation laws.
Having an experienced attorney ensures your rights are protected and your claim is handled efficiently.
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(213) 213-0000
- Why Are Claims Involving Surgery Difficult to Settle?
Claims involving surgery are often more complex because:
- High medical costs: Insurers may dispute the necessity or cost of surgery.
- Long recovery periods: Extended time away from work increases wage replacement payments, which insurers may challenge.
- Disputed injuries: Insurers may argue that surgery isn’t required or that the injury wasn’t work-related.
An experienced attorney can overcome these obstacles and fight for a fair settlement.
How E&L, LLP Can Help
At E&L, LLP, our attorneys specialize in handling complex workers’ compensation claims, including those involving surgeries. We:
- Investigate your claim thoroughly.
- Work with medical experts to build a strong case.
- Negotiate aggressively with insurance providers.
- Take your case to trial, if necessary, to secure maximum compensation.
With no upfront fees and a contingency-based system, you pay nothing unless we win your case.
Injured at Work? Let E&L, LLP Fight for You
If you or a loved one has suffered a workplace injury requiring surgery, we know how overwhelming the process can be. Let E&L, LLP handle the legal complexities while you focus on recovery.
CALL OUR ATTORNEYS FOR A FREE NO-OBLIGATION CONSULTATION
(213) 213-0000
WE DO NOT GET PAID UNTIL YOU GET PAID. THAT IS OUR GUARANTEE.