- Rotator Cuff Workers Compensation Settlement
- Workman’s Comp And Employer’s Liability In Texas
- Oregon Workers’ Compensation Claim Guide
- Compensation For Shoulder Injury Requiring Surgery **(2022)**
Rotator Cuff Workers Compensation Settlement – The shoulder is a very complex ball and socket joint with three main bones. Each of these bones is held together by muscles, ligaments and tendons. Because there are so many parts to a shoulder, a person can injure their shoulder in a number of different ways.
If an employee injures their shoulder while working, they should qualify for workers’ compensation benefits. A settlement is offered whether the injury is temporary or permanent. The amount of compensation an injured worker receives is determined by several factors, including the cost of medical bills, lost wages, and other damages.
Rotator Cuff Workers Compensation Settlement
The vast majority of shoulder injuries involve the ligaments, muscles, cartilage and tendons. Workers are particularly prone to shoulder pain and injuries from repetitive, intensive routines. An employee may have an acute injury or shoulder pain may develop over a period of time. The most common types of shoulder injuries include:
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In addition to these common shoulder injuries, peripheral nerve impairment, impingement, bursitis and tendonitis can be added to the list. When an employee suffers from any of these shoulder injuries, it can mean time away from work, physical therapy, medication, steroid injections and even the possibility of surgery.
If you experience and injure or start to notice shoulder pain, you should stop using your shoulder and seek medical treatment. If the injury is serious, you may not be able to return to your job.
If you injure your shoulder while working, you should notify your employer and then seek medical treatment. You should also discuss your case with a workers’ compensation attorney. By taking the right steps, you will ensure that you get the necessary benefits.
Your settlement will depend on the type of shoulder injury you suffered and the severity of the injury. If your claim is denied, or you experience any problems with your case, contact the Law Office of James M. Hoffmann by calling (314) 361-4300 or fill out our online contact form. Torn rotator cuffs can be debilitating and lead to you missing out on work, family events and your personal life. A rotator cuff lawsuit is therefore important to help you deal with the financial consequences of your injury. These financial losses can include lost wages, medical bills, pain and suffering compensation and more.
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If you want to know what your torn rotator cuff settlement value might be, read on to find out how much average rotator cuff injury settlements are, as well as:
Rotator Cuff Injury Medical Topics 1 – Rotator Cuff Injuries 2 – Rotator Cuff Injury Treatments 3 – Recovery Outlook for Rotator Cuff Injuries General Settlement Information 4 – Torn Rotator Cuff Settlement Value 5 – How Much Is Your Rotator Cuff Worth? Get Help 6 – Sample Verdicts and Settlements 7 – Rotator Cuff Injury Q&A 8 – Get Help with Your Rotator Cuff Injury Claims Article Resources 9 – Supporting Citations, Literature and Resources 10 – About the Author
The rotator cuff is made up of the muscles and tendons that are in your shoulder. When you are in an accident, the trauma your body faces is intense and the upper body in particular faces a large amount of force.
The damage to the rotator cuff comes from both the seat belt as well as the force of the crash, which together can cause serious damage to your rotator cuff area.
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The rotator cuff is so called because it is a cuff of tissue that connects the shoulder joint together. It is an important and constantly used part of the body as the rotator cuff helps to stabilize and make useful the entire part of the upper body which includes your shoulder and arms.
The rotator cuff consists of multiple parts with the main parts being the 4 main muscles of the rotator cuff:
These four muscles are attached to the scapula and together create the rotator cuff tendon which is attached to the shoulder blade. The rotator cuff is important because it helps hold the shoulder together and in place.
When you have a rotator cuff injury, the muscle to get the most damage is the supraspinatus tendon which has a tendency to tear in an accident.
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These injuries can be more severe for some, as variables such as age can have an effect on your likelihood of damaging the rotator cuff.
Variables like these will have an effect on your rotator cuff injury settlement because the insurance company often tries to use them to escape liability and reduce your full settlement value.
A rotator cuff cannot heal itself and will need some form of treatment so you don’t injure the tendons and muscles further.
The intensity of your treatment will depend on how serious your original injury was to begin with. Some of the more common treatments are below
Average Workers Comp Settlement For Torn Rotator Cuff
Less serious injuries can be treated with methods such as applying heat and cold to the affected area to help reduce swelling. Medications can also be taken orally in addition to helping with the healing process as prescribed by your doctor.
Wearing a sling to hold the arm in place and allow inflammation is a common treatment. This is done to reduce pain and requires rest periods so that the muscles and tendons are not further strained.
The more impactful injuries will also require weeks and sometimes months of physical therapy exercises that can help restore and strengthen the range of motion of the rotator cuff and surrounding area.
Some injuries cannot be addressed with these methods alone and require more invasive methods to help achieve a full recovery. Injecting the area with cortisone steroid shots helps with both the pain and the inflammation and may be recommended by your pain management doctor.
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In severe cases, surgery will be required for a rotator cuff injury. Rotator cuff settlements are affected by the need for surgery due to the invasiveness of the process and the fact that not all of these surgeries are effective.
Rotator cuff surgery helps return blood flow to the area and attempts to reattach the rotator cuff if the tear is severe, or the body is unable to recover from other less invasive methods of repair.
Rotator cuff injuries can take months to recover from. Even minor cases of these injuries can take 2-4 weeks, while more severe cases can take 6-8 months.
When the rotator cuff is torn at 80%-90%, surgery is almost always necessary, and even then, recovery may not mean a return to normalcy. This is why the average settlement for a torn rotator cuff that involved surgery will be fought for a higher value, usually well into the six figures.
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Medical research journals have noted that the chance of a positive recovery outlook will depend on many factors, including age, gender, presence of diseases such as diabetes and previous injury.
These factors are divided into various demographic factors, clinical factors, rotator cuff integrity factors and the success or failure of any operation.
Therefore, positive recovery prospects can be much lower, depending on how many factors work against an individual who has had a rotator cuff injury, such as being male, or being older or presence of obesity, having diabetes, and how many tendons in the injury.
Your rotator cuff injury value will be affected by many things. The most important one will be the severity of the injury itself. Cases where you need surgery will be much more valuable in court.
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However, simply needing surgery doesn’t mean you’re guaranteed a big payout. For example, pre-existing problems with your rotator cuff and previous injuries can, and often are, used by insurance companies to try to reduce your payment.
Even the type of surgery you have can make a difference, as the rotator cuff tear you get can even depend on whether your surgery was open or arthroscopic.
This does not mean that surgery alone is going to affect your torn rotator cuff deposition value. Even in cases where surgery is not necessary, there can be great impact and inconvenience in your life.
Surgery is generally only used in cases where a large portion of the rotator cuff is damaged, usually more than 60%. However, this is a subjective assessment that your surgeon will make based on your injury affecting your ADLs.
Compensation For Shoulder Injury Requiring Surgery **(2022)**
Other cases still require potentially months of downtime where you cannot work or participate in your daily tasks, which can take an emotional and financial toll on your life that must be calculated in your rotator cuff injury.
Understanding how much your rotator cuff injury is worth means understanding the factors that can make your case value higher or lower.
Many variables exist and reasoning from clinical as well as pain and suffering points of view can help your torn rotator cuff establishment value.
To help understand your rotator cuff impingement potential, a few major areas of concern can be looked at and assessed:
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These variables and your answers to them help create the average ranges seen in many states for rotator cuff injuries. These averages vary
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