Workers’ Compensation for Shoulder Injury

Common Causes of Shoulder Injuries at Work

According to the Bureau of Labor Statistics, musculoskeletal disorders and ergonomic injuries (such as shoulder injuries) occur “when the body uses muscles, tendons, and ligaments to perform tasks, oftentimes in awkward positions or in frequent activities which over time can create pain and injury.” This means that most shoulder injuries in the workplace stem from repetitive motion and overexertion. Of course, these injuries can also stem from a traumatic work-related accident such as one involving lifting materials or equipment, malfunctioning machinery, a slip and fall, or a motor vehicle accident.

These types of workplace injuries can occur in virtually any workspace or environment, but the most common industries associated with shoulder injuries include:

• Healthcare, nursing, and social assistance
• Retail trade
• Manufacturing and factory work
• Transportation
• Warehousing
• Construction

Types of Shoulder Injuries

Some of the most common shoulder injuries that occur in the workplace include:

• Dislocation – A dislocated shoulder occurs when the upper arm bone pops out of the shoulder joint.
• Frozen Shoulder – A frozen shoulder is caused by inflammation of the tissue surrounding the shoulder joint and can severely limit or restrict a person’s range of motion.
• Torn Rotator Cuff – Rotator cuff injuries are more common in careers that require repeated overhead movement, such as carpentry or painting. Sometimes physical therapy is enough to manage the shoulder pain and weakness associated with a rotator cuff tear, but in other cases, surgery may be required.
• Sprains and Strains – Shoulder sprains and strains result from the overstretching of a ligament or tendon/muscle fiber. These injuries can lead to both acute and chronic pain.
• Fractures – Fractures in the shoulder typically occur in the collarbone, shoulder blade, or upper arm bone and can be extremely painful. Shoulder surgery may or may not be necessary depending on the extent of the injury and whether it is a displaced or non-displaced fracture.
• Tendonitis – Shoulder tendonitis occurs when the rotator cuff or biceps tendon is inflamed. This can be a result of overexertion, repetitive motion, or a sudden traumatic event.
• Bursitis – Shoulder bursitis is the result of fluid building up in the space between the bones and tissue within the shoulder, also called the bursae.
• Aggravation of pre-existing Arthritis – When the cartilage in the shoulder begins to break down, whether due to aging or injury, arthritis can occur. Symptoms include muscle stiffness, weakness, and pain.
• Labrum Tear– The labrum is a type of cartilage in the shoulder joint. The labrum can tear completely off the bone, along the edge of the labrum, or where the biceps tendon attaches which is commonly referred to as a SLAP tear.

What Workers’ Comp Benefits Can I Get for a Shoulder Injury?

Many states require employers to purchase workers’ compensation insurance on their own, but in Ohio, the workers’ comp system is a bit different. Rather than go through their employer’s insurance company, injured workers must instead file a workers’ compensation claim with the Ohio Bureau of Workers’ Compensation. If the claim is approved, the injured worker will receive medical benefits and compensation. There are several different types of workers’ compensation benefits, and the benefits you receive will depend on the type and extent of your shoulder injury.

Below is a brief summary of the different types of workers’ compensation benefits that an injured employee may be able to recover:

• Temporary Total Disability Benefits – Injured workers receive temporary total disability benefits in Ohio, or TTD, if they are unable to work on a temporary basis due to their work injury.
• Permanent Total Disability Benefits – If you experience pain, loss of range of motion, decreased strength, or other ongoing symptoms, you are entitled to permanent partial disability in Ohio.
• Permanent Partial Disability Benefits – PTD, or permanent total disability benefits, are for injured workers who sustain severe injuries that cause permanent impairment which prevents them from returning to the workforce in any capacity. The age, education level, and work history of the injured worker are also considered when determining whether they qualify for permanent disability benefits.
• Wage Loss Replacement Benefits – Wage replacement benefits, or wage loss compensation in Ohio, is for injured employees who are under physical restrictions due to their injury and either cannot find work under these restrictions or must return to work at a different job and suffer a loss of earnings as a result.
• Scheduled Loss Award – A scheduled loss award in Ohio is for injured employees who suffer amputation, ankylosis, loss of use of a body part, or loss of vision or hearing due to a workplace injury.
• Vocational Rehabilitation and Living Maintenance – Vocational rehabilitation is a program that assists injured workers in returning to the workforce while providing living expenses in the meantime.

Workers’ Comp Shoulder Injury Settlement

It may be in your best interest to negotiate a full and final settlement of your workers’ compensation claim.  A lump sum settlement is a full and final settlement wherein the worker receives a one-time payment and agrees to close the claim and in exchange gives up their rights to past and future compensation and medical benefits.

Whether a workers’ comp settlement is in your best interest depends on several different factors. In most cases, it is recommended that you wait until you have reached maximum medical improvement. This means you won’t require any future medical treatment (and thus, medical expenses) for your work-related injury. Just like every shoulder injury is different, so is every claim. That is why it is important that injured workers seek the help of an experienced workers’ comp lawyer like Mark L. Newman to advise them on whether accepting workers’ comp settlements is in their best interest and to help calculate the settlement value of their claims.

How a Lawyer Can Help Your Workers’ Comp Claim

Most shoulder injuries require medical treatment such as physical therapy, cortisone injections, and surgery, as well as time off of work to make a full and fast recovery. This can result in significant medical bills and no income if you are unable to work. That’s why it’s important you have an attorney on your side who can make sure you receive all the benefits you are entitled to while you recover from your injury.

Mark L. Newman has over 30 years of experience representing injured workers in Ohio. He can help determine what medical benefits you are entitled to as well as ensure your payments are calculated correctly and delivered promptly. He can also help you explore the possibility of a lump sum settlement and other legal options that may be available to you.

Cincinnati Workers’ Compensation Lawyer for Workplace Shoulder Injuries

Attorney at Law Mark L. Newman has handled a wide range of workers’ compensation claims in Ohio, including those involving work-related shoulder injuries, and knows what it takes to ensure his clients obtain the benefits and compensation they are entitled to. If you’ve suffered a shoulder injury at work, he can help you explore all potential avenues of compensation and work to achieve the best possible solution for your unique situation.

Contact experienced Cincinnati workers’ compensation lawyer Mark L. Newman today by calling 513-533-2009 or by completing the online intake form on our website.