- Workers Comp Shoulder Injury Settlement
- Recent Labral Tear Shoulder Settlement In Fl
- Workers Compensation Settlement For A Shoulder Injury
- Truck Accident Settlement Amounts (semis, Claims And More)
- Workers’ Comp Hand Injury Settlements
- Benefits Available After Maritime Shoulder Injuries
- Workers’ Comp Settlement For A Back Injury In Michigan
- Should I Accept My First Workers’ Compensation Offer?
Workers Comp Shoulder Injury Settlement – A torn rotator cuff can be debilitating and cause you to miss work, family events and your personal life. Therefore, a rotator cuff lawsuit is important in helping you deal with the financial impact of your injury. These financial losses can include lost wages, medical bills, compensation for pain and suffering and more.
If you want to know what your torn rotator cuff settlement is worth, then read on to find out the average settlement amount for a rotator cuff injury, as well as:
Workers Comp Shoulder Injury Settlement
Rotator Cuff Injury Medical Topic 1 – Rotator Cuff Injury 2 – Rotator Cuff Injury Treatment 3 – Rotator Cuff Injury Recovery Overview General Information Solution 4 – Rotator Cuff Tear Value Solution 5 – How Much Is Your Rotator Cuff Worth? Get Help 6 – Sample Decisions & Solutions 7 – Rotator Cuff Injury Q&A 8 – Get Help With Your Rotator Cuff Injury Claim Article Resources 9 – Supporting Citations, Literature & Resources 10 – About the Author
Work Comp Shoulder Injury
The rotator cuff is made up of muscles and tendons in your shoulder. When in an accident, the trauma to your body is intense and the upper body in particular faces a large amount of force.
Damage to the rotator cuff comes from both seat belts and crash forces, which together can cause serious damage to your rotator cuff area.
The rotator cuff is called this because it is a cuff of tissue that connects the shoulder joint together. This is an important part of the body and is constantly used because the rotator cuff helps stabilize and make your entire upper body usable including your shoulders and arms.
The rotator cuff is made up of multiple parts with the main parts being the 4 main muscles of the rotator cuff:
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These four muscles are connected to the scapula and together create the rotator cuff tendon which is attached to the shoulder blade. The rotator cuff is important because it is what helps to hold the shoulders together and in place.
When you have a rotator cuff injury, the muscle most often damaged is the supraspinatus tendon which has a tendency to tear in accidents.
This injury can be worse for some people as variables such as age can affect your prevalence towards rotator cuff damage.
Variables like these will impact your rotator cuff injury settlement because insurance companies often try to use them to avoid fault and reduce the value of your full settlement.
Workers Compensation Settlement For A Shoulder Injury
Rotator cuff does not heal on its own and requires some form of treatment so that you no longer injure the tendons and muscles.
The intensity of your treatment will depend on how bad your original injury started. Some of the more common treatments are below
Less serious injuries can be treated with methods such as applying heat and cold to the affected area to help reduce swelling. Medicines can also be taken orally in addition to help the healing process as directed by your doctor.
Wearing a sling to keep the arm in place and allow the inflammation to go down is a common treatment. This is done to reduce pain and requires a period of rest so that the muscles and tendons are no longer tense.
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More impactful injuries 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 treated with this method alone and require more invasive methods to help bring about a full recovery. Injecting the area with cortisone steroid injections helps with both pain and inflammation and may be recommended by your pain management doctor.
In severe cases, surgery will be required for rotator cuff injuries. Rotator cuff placement is influenced by the need for surgery due to the invasive process and the fact that not all of these surgeries are effective.
Rotator cuff surgery helps restore blood flow to the area and attempts to reattach the rotator cuff if the tear is severe, or the body cannot recover from other less invasive methods of recovery.
How A Workers Comp Settlement Is Calculated
A rotator cuff injury can take months to heal. Even minor cases of this injury can take 2-4 weeks while more serious cases can take 6-8 months.
When the rotator cuff is 80%-90% torn, surgery is almost always required, and even then, recovery may not mean a return to normal. This is why the average settlement for a torn rotator cuff that involves surgery will command a higher figure, generally into six figures.
Medical research journals have stated that the chances of a positive recovery outlook will depend on many factors including age, gender, the presence of diseases such as diabetes and previous injuries.
These factors are broken down into various demographic factors, clinical factors, rotator cuff integrity factors and the success or failure of any surgery.
Workers’ Comp Hand Injury Settlements
Therefore, the prospect of positive recovery can be much lower depending on how many factors work against individuals with rotator cuff injuries such as men, or being older or the presence of obesity, suffering from diabetes, and how many tendons are injured in the injury.
The settlement value of your rotator cuff injury will be affected by many things. The main thing is the severity of the injury itself. Cases where you need surgery will be much more valuable in court.
However, just needing surgery doesn’t mean you’re guaranteed a large payout. Existing problems with your rotator cuff and past injuries for example can, and often do, be used by insurance companies to try and reduce your payout.
Even the type of surgery you have can make a difference because the rotator cuff solution you get can also depend on whether your surgery is open surgery or arthroscopic surgery.
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This does not mean that surgery alone will affect the settlement value of your torn rotator cuff. Even in cases where surgery is not necessary, there may be major consequences and difficulties in your life.
Surgery is usually only used in cases where a large portion of the rotator cuff is damaged, usually over 60%. However, this is a subjective assessment that your surgeon will make based on how your injury affects your ADLs.
Other cases still require months of downtime where you cannot work or participate in your daily tasks which can affect your emotional and financial life which should be factored into your rotator cuff injury settlement.
Understanding the value of your rotator cuff injury means understanding the factors that can make your case value higher or lower.
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Many variables exist and being able to argue this from a clinical standpoint as well as pain and suffering can help determine the value of your torn rotator cuff solution.
To help understand your potential rotator cuff repair, several key areas of concern can be looked at and evaluated:
These variables and your answers to them help create the average range seen in many states for rotator cuff injuries. These averages range from $30,000 on the low end and $300,000 on the higher end.
Average settlements for rotator cuff surgical repair cases in California for example are similar to cases in Maryland showing a national average that tends to stay on average the same from location to location.
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VERDICT: $600,000.00. The plaintiff was hit while waiting to make a left turn at an intersection. While waiting the car was hit from behind by a vehicle traveling at 50 m.p.h. The accident left the plaintiff with multiple injuries including a rotator cuff tear. The insurance company initially offered a much lower settlement, but arbitration nearly tripled the settlement to $600,000.
VERDICT: $76, 500.00. The plaintiff was stopped at a stop sign when another vehicle passing through the intersection hit the vehicle. The impact caused a torn rotator cuff that required surgery to repair the injury. The plaintiff was awarded this amount for medical costs as well as emotional distress, mental suffering and inability to continue daily activities for a period of time after the surgery.
VERDICT: $175, 000.00. The plaintiff filed suit after his vehicle was rear-ended while he was stopped at an intersection waiting to make a left turn. The plaintiff suffered a rotator cuff tear during the impact as well as other injuries. The defendant in that case was an uninsured individual and the plaintiff brought his complaint to a third named individual insurance company.
VERDICT: $525,000.00. The plaintiff was injured when the car was struck after the defendant’s car crossed the center line and entered oncoming traffic. The accident left the plaintiff unconscious and also suffered bilateral rotator cuff tears. The defendant was under the influence of drugs and alcohol which contributed to the accident. Although insurance for the defendant contested all aspects of the case, in the end the plaintiff was able to recover pain and suffering, medical costs and lost wages, with this recovery exceeding half a million dollars.
Should I Accept My First Workers’ Compensation Offer?