When dealing with workers’ compensation cases involving shoulder injuries, understanding the factors that affect settlement amounts is crucial. The complexity of these cases stems from the diversity of shoulder injuries, ranging from minor to severe, and the challenge of determining an “average” settlement amount.
In this blog, we’ll delve into the nuances of workers’ comp settlements for shoulder injuries, highlighting what employees should know and how PLBH can assist in these situations. Contact us at (800) 435-7542 if you need a free legal consultation.
The Complexity of Estimating Average Settlements
The settlement amounts for shoulder injuries under workers’ compensation can vary significantly, typically ranging between $20,000 and $150,000. However, assigning an “average” figure to these settlements is nearly impossible due to the variety of shoulder injuries and their severity. A common workplace shoulder injury, such as a torn rotator cuff, can range from minor to severe, affecting the settlement amount considerably.
Factors Influencing Settlement Amounts
Two primary factors that significantly impact workers’ comp settlement amounts are the extent of lost wages and the future medical expenses for treating the shoulder condition. Since workers’ compensation covers disability benefits and medical bills related to the workplace injury, the settlement amount tends to be higher if the injury prevents you from working or necessitates ongoing medical treatment.
Lost Wages and Disability Benefits
Workers’ compensation laws, which vary by state, generally offer disability benefits that cover a portion of an injured worker’s lost wages, usually two-thirds of their average weekly wage before the injury. Therefore, your pre-injury wage and the wages you can earn despite your shoulder injury play a crucial role in determining your settlement amount. The nature of your disability, whether total or partial, also influences the disability benefits and, consequently, the settlement.
Future Medical Expenses
Another critical component of workers’ compensation settlements is the coverage of medical expenses resulting from the workplace injury. If you require ongoing medical treatment for your shoulder injury, such as surgery, the settlement amount may increase to accommodate these future medical costs.
Workers’ Compensation Benefits Entitlement
If you suffer a workplace injury, you’re generally entitled to workers’ compensation benefits, which include a portion of your lost wages and medical benefits. A workers’ compensation settlement typically concludes your case with a lump sum payment, covering future medical care and permanent disability benefits. However, it’s important to note that this does not include compensation for pain and suffering or loss of consortium, which are available in personal injury cases.
Types of Shoulder Injury Settlements
Workers’ compensation claims can culminate in two types of settlement agreements: stipulation and award, or compromise and release. These agreements are usually reached during the mandatory settlement conference. In a stipulation and award settlement, an ongoing relationship is established between you and the workers’ comp insurance company, which agrees to continue paying for ongoing medical costs and disability benefits. On the other hand, a compromise and release settlement involves a lump sum payment to conclude the claim, with limited options for reopening the case under certain circumstances.
Common Workplace Shoulder Injuries
Workplace shoulder injuries can vary widely, from torn rotator cuffs to broken collarbones and frozen shoulders. These injuries are particularly common in manual labor jobs but can occur in various occupations, including nursing, law enforcement, and even office work. The nature and severity of the injury, whether sudden-onset or gradual-onset, significantly impact the settlement amount.
How PLBH Can Assist
In navigating the complexities of workers’ compensation claims for shoulder injuries, the expertise of a workers’ comp attorney is invaluable. PLBH can provide guidance in understanding applicable laws, gathering evidence, filing claims, and pursuing fair settlement amounts. For a comprehensive evaluation of your case and professional legal assistance, contact PLBH at (800) 435-7542.