If you experienced a shoulder injury at work, you can have an experienced Monroe workers’ compensation attorney help you claim a Monroe workers’ compensation shoulder injury settlement. Horton & Mendez, Injury & Car Accident Attorneys, represent workers in Monroe, NC, and the surrounding areas. Call or message us to discuss your case.
Monroe, NC, Shoulder Injuries and Workers’ Compensation
The Bureau of Labor Statistics reports that 63,100 workers in private industry in the United States reported shoulder injuries resulting in days away from work in one year. Of these cases, 12,830 resulted in emergency room care.
A shoulder injury on the job may qualify for workers’ compensation. Workers’ compensation enables employees to quickly access medical care, replacement wages, and impairment compensation when they experience a workplace injury.
Claims may be resolved by settlement; however, to receive compensation, you must pursue your case. A lawyer can represent you, so contact us now.
Common Workplace Accidents That Cause Shoulder Injuries in Monroe
While most shoulder injuries result from a fall or direct trauma, workplace accidents can also cause shoulder injuries.
- Fall from height, fall from the same level
- Slip or trip without a fall
- Car accidents, transportation accidents
- Struck by accidents
- Caught or pulled by an object, machine, or equipment
- Overexertion, body reaction
- Harmful exposure
- Falling object
- Collapsing structure
- Fire, explosion
There may also be underlying causes like a malfunctioning machine, materials handling errors, or inadequate work environment safety evaluation.
You don’t have to prove that the employer is at fault to claim a workers’ compensation shoulder injury settlement. You must prove that you were injured in the course and scope of your employment and that you qualify for workers’ compensation benefits.
Types of Shoulder Injuries Covered by NC Workers’ Compensation
The shoulder is complex and includes bones (clavicle, scapula, and humerus), muscles, tendons, and ligaments. Muscles and tendons, both inside and outside of the shoulder joint, support its function.
Types of shoulder injuries that may be covered in a Monroe, NC, workers’ compensation shoulder injury settlement include:
Rotator cuff tear
The rotator cuff is the group of muscles that surround the shoulder joint and enable movement. A tear in these muscles can cause pain and limitation in movement.
Biceps tendinopathy
Sudden trauma can injure the biceps, resulting in pain in the front of the shoulder. The person may experience weakness and radiating pain.
Dislocation
The shoulder can become dislodged from its socket. Dislocation may be full or partial and is often accompanied by socket and ligament damage.
Shoulder separation (AC joint injury)
Occurs when the ligaments that connect the shoulder blade and collarbone tear or stretch. The severity of a shoulder separation may vary, and deformity may occur.
Broken bones
A broken clavicle can result in pain, swelling, and limited motion. A proximal humerus fracture may require surgery and immobilization.
Impingement
This happens when there is rubbing of the tendons and bursa against the bones of the shoulder.
Bursitis
Bursitis results from inflammation of the bursa that cushions the shoulder joint.
An important part of pursuing your Monroe, NC, workers’ compensation shoulder injury settlement is thoroughly identifying your injuries. If there is a dispute about injuries or compensation due, a lawyer can help you challenge the insurance company.
How Shoulder Injury Settlement Amounts Are Calculated
Shoulder injury settlement amounts are calculated based on categories of benefits, including medical care, lost wages, and permanent impairment. Permanent impairment of the shoulder is often a key consideration in a settlement calculation.
In North Carolina, impairment to the shoulder may be considered loss of use of the arm. Loss of use, joint stiffness, or loss of the arm may be compensated. A medical professional evaluates and rates the impairment. The rating is paid at 66 2/3% of the person’s average weekly wage for 240 weeks before the injury.
Impact of Surgery or Permanent Impairment on Settlement Value
The necessity for surgery or permanent impairment can significantly impact the value of your settlement. The more severe the injury, the more extensive the required medical care may be. In cases involving arthroscopic shoulder surgery for workers’ compensation, factors such as medical care, rehabilitation, and the inability to work are taken into account.
Permanent impairment is compensated according to the severity of the impairment. It is crucial to thoroughly document the extent of the injury and lasting impairment once reaching Maximum Medical Improvement (MMI).
Medical care may sometimes be included in a workers’ compensation shoulder injury settlement. If included, the worker receives a lump-sum amount that covers future medical care. If it is not included, the worker may continue to receive medical benefits. Our experienced attorneys can negotiate on your behalf to ensure you receive fair compensation.
Medical Evidence Needed for a Shoulder Injury Claim
Medical evidence for a shoulder injury workers’ compensation claim should explain:
- The diagnosis
- Medical care needed
- Permanent impairment
- How the injury impacts work
- If rehabilitation and physical therapy may help
- That the injury occurred in employment
Our Monroe, NC, lawyers can help you gather medical evidence.
What To Do If Your Shoulder Injury Claim Is Denied
If your shoulder injury claim is denied, you can challenge the decision. Keep all communications with the insurance company and your employer. It’s also important to keep records of all medical care and expenses.
To challenge the denial, you may file Form 18 with the NC Industrial Commission (NCIC), preserving your right to benefits. You may request a hearing by filing Form 33. You have a limited amount of time to protect your rights, so it’s important to begin your case as soon as possible. Even if you request a hearing, you can continue settlement negotiations.
How a Monroe Workers’ Compensation Lawyer Can Help Maximize Your Settlement
When you incur a shoulder injury on the job, you deserve the appropriate compensation and work to have your case resolved without delays. Plus, you need confidence in the process. Horton & Mendez, Injury & Car Accident Attorneys, handles cases in Monroe, NC, and the surrounding areas.
Our lawyers understand the steps to pursue workers’ compensation shoulder injury settlements and handle all types of shoulder injuries, including arthroscopic shoulder surgery settlements.
Call or message us now to talk to a lawyer about your Monroe workers’ compensation shoulder injury settlement.
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