Horton & Mendez, Injury & Car Accident Attorneys, represent workers seeking Apex workers’ compensation shoulder injury settlements. If you’ve suffered a shoulder injury on the job, you may be eligible for a workers’ compensation award.
Our Apex workers’ compensation lawyers can help you secure compensation. Call or message us now.
Understanding Workers’ Compensation Shoulder Injury Settlements in Apex, NC
North Carolina workers’ compensation rules apply in Apex. If you are injured on the job, you may be entitled to workers’ compensation benefits. You have the option to resolve your case through a settlement, which is a negotiated amount that compensates you for the value of your claim.
At Horton & Mendez, Injury & Car Accident Attorneys, we specialize in helping individuals secure settlements for shoulder injuries resulting from workplace accidents. As trial lawyers, we handle all aspects of your case and can resolve cases by trial or settlement.
How Workplace Accidents Cause Shoulder Injuries in Apex, NC
In the US, 63,100 workers reported shoulder injuries resulting in lost work within one year. Workplace accidents can cause shoulder injuries through:
- Slip and fall accidents
- Motor vehicle accidents
- Workspace design that strains the body
- Heavy and repetitive lifting
- Reaching overhead
- Struck by accidents, falling objects
- Crushing and stuck between incidents
Underlying causes of shoulder injuries include a lack of personal protective equipment, slippery work surfaces, failure to follow safety rules, inadequate training, and understaffing.
Types of Shoulder Injuries Covered Under Workers’ Compensation
Injuries that may be covered by workers’ compensation include:
- Dislocation: The ball of the upper arm bone separating from the shoulder socket; may be full or partial
- Fracture: One or more broken bones of the shoulder, including the clavicle, scapula, or humerus
- Torn ligaments, sprains, strains: A torn shoulder ligament or pulled muscle, causing instability, pain, and limited range of motion
- Shoulder bursitis: Inflammation resulting from sudden injury or chronic strain
- Rotator cuff tear: Tear of the supraspinatus, infraspinatus, teres minor, and subscapularis
- Shoulder impingement: Compression of rotator cuff tendons, causing pain and weakness
A shoulder injury qualifies for workers’ compensation if it occurs by accident within the scope and course of employment.
Average Settlement Amounts for Shoulder Injuries in North Carolina
The National Safety Council reports an average workers’ compensation award of $55,115 for shoulder and arm injuries. The figure includes $28,166 paid towards medical benefits and $26,949 in wage and disability compensation.
There is no single award for shoulder injury workers’ compensation, as each case depends on the cost of medical care, pre-injury wages, disability, and other factors. A worker who needs rest but has no lasting disability may be awarded $10,000. However, a claim that requires surgery, long-term wage replacement, and disability compensation for a shoulder injury can exceed $100,000. Settlements for arthroscopic shoulder surgery may include provisions for future medical care or include an amount for self-directed care.
How Permanent Impairment Affects Shoulder Injury Compensation
Medical care should cover treatment that is reasonably required to cure, give relief to, or lessen the period of disability. A person may still have a lasting impairment despite medical care. Because of this, a workers’ compensation shoulder injury settlement may include disability compensation.
In Apex, NC, permanent disability of the shoulder is usually evaluated as impairment of the arm. A workers’ compensation shoulder injury settlement amount depends on the impairment rating for shoulder disability. A medical professional will determine this shoulder ankylosis and consider the extent of limited motion, including pain with motion, in various positions.
The amount awarded for loss of an arm is 66 2/3% of the average weekly wage multiplied by the percentage impairment. This award is paid for 240 weeks. The loss of both arms may constitute permanent and total disability.
Steps To Take After a Work-Related Shoulder Injury
When a shoulder injury occurs, stop any tasks and make sure you are away from moving equipment and live electricity.
Seek immediate medical care for the person injured, and report the accident to a supervisor or human resources.
Take photos of the accident scene, equipment or objects involved, and the clothing you were wearing. Write down the names of witnesses and a summary of what happened for your own reference.
You can have a shoulder injury, workers’ compensation settlement lawyer represent you at any stage of your case.
How To Appeal a Denied Workers’ Compensation Claim
If your workers’ compensation claim is denied, you can appeal through Form 18 – Notice of Accident to Employer and Claim of Employee, Representative, or Dependent, which protects your rights. This form must be filed within two years of injury.
You may review the reasons the insurance company gave for the denial, obtain more information, and ask for reconsideration. An attorney may be critical at this stage.
Form 33 can take your case before a neutral hearing officer with the North Carolina Industrial Commission. You can use a hearing to address a range of disputes, including medical care, wage calculation, total disability, and other issues.
It’s common for shoulder injury claims to rely heavily on medical information, so it’s important to build the evidence for your case. Gathering and presenting this information can be key to your case.
You may have your case decided by a hearing or negotiate a settlement. If you are not happy with the Deputy Commissioner’s decision, you have 15 days to appeal to the full commission. After that, you have 30 days to appeal to the North Carolina Court of Appeals.
Why You Need an Apex Workers’ Compensation Lawyer for Shoulder Injuries
Shoulder injury workers’ compensation claims are complex. The insurance companies represent employers, meaning you may face many challenges throughout the process, including disputes about medical, wage, and disability benefits. There are important procedural steps and deadlines that an attorney fully understands.
Horton & Mendez, Injury & Car Accident Attorneys, can handle all aspects of your case, identifying key issues for your workers’ compensation shoulder injury settlement and handling all aspects of your case.
Contact Us
If you’ve been injured on the job, talk to a workers’ compensation shoulder injury settlement attorney. Call or message us now.
