Horton & Mendez Injury Attorneys help injured employees in Wilmington pursue workers’ compensation shoulder injury settlements.
We fight for your benefits and compensation when you’re hurt on the job. Call 910-405-7751 or message us now to talk to an experienced Wilmington workers’ compensation lawyer about your case.
Lawyer for Shoulder Injury Workers’ Comp in Wilmington, NC
A shoulder claim may be a qualifying injury for workers’ compensation. Unfortunately, insurance companies don’t always do the right thing and pay the benefits that workers have earned. But you can have a lawyer fight for your shoulder injury settlement.
Understanding Shoulder Injury Settlements
A shoulder injury settlement is a resolution of a workers’ compensation claim. It is essentially an agreement of what the insurance company will pay for a shoulder injury.
The amount is based on the benefits the person qualifies to receive under NC workers’ compensation law. However, there is some flexibility in how to tailor a settlement for your best interests.
How To Get a Shoulder Injury Settlement
Getting a shoulder injury settlement starts with reporting an accident to your employer.
You may also qualify because of repetitive trauma to the shoulder. Tell your employer about the injury as soon as possible but within 30 days of the accident. Also, submit Form 18 to the NC Industrial Commission (NCIC) to preserve your right to benefits.
You should seek medical attention for your shoulder and must go to the medical care provider chosen by your employer.
The employer may agree and begin paying benefits. If not, you may file paperwork to request a hearing.
Often, a settlement is discussed after the person reaches maximum medical improvement. However, it may happen at different stages, including before a hearing.
Agreement
A settlement is an agreement. The parties both agree on what the terms should be, and the NCIC must approve it.
For a shoulder injury, an important question is whether medical care will be included in the settlement. A compromise settlement agreement contains a clincher, closing the possibility of future medical care. However, a Form 26A agreement allows the injured person to continue to receive medical care in the future if necessary. There is a two-year time limit, based on the last date of benefits paid, for seeking additional medical care.
If you accept the settlement, you finalize the agreement in writing, sign it, and submit it.
You may have a lawyer representing you throughout the entire process.
How much compensation is there for a shoulder injury?
Compensation for a shoulder injury is awarded at 66 2/3% of the person’s average weekly wage. This amount is multiplied by the rating for the extent of loss and the number of weeks payable for the body part, which, for a shoulder injury, is usually the arm.
For example, if a person has 80% impairment of the arm, and their average weekly wage before injury was $1500, their pay would be:
$1,500 X 66 2/3 X .80 X 240 = $192,000.
This example represents a severe shoulder injury with significant loss of function. Your award may be different. For a lump sum settlement, this amount may be reduced to present value.
In addition to compensation for permanent impairment, a settlement may also reflect other types of benefits.
Impairment Ratings for Shoulder Injuries
N.C.G.S. § 97-31 does not specifically identify shoulder injuries as part of the schedule of injuries for awarding permanent disability.
However, shoulder injuries may be addressed as an elbow or arm injury. When paid as loss of the arm, benefits are payable for 240 weeks.
Ankylosis
Ankylosis of the shoulder may be compensated as a 50% or 80% loss of the arm.
Resection end of the clavicle may be compensated at 5% plus limitation.
Humerus injury
Shoulder pain may factor into a rating for malalignment of the humerus, causing pain in the shoulder and elbow joints. This is also expressed as a percentage of loss of the arm.
Shoulder girdle
Loss of function of the shoulder joint may be compensated along with pain and weakness.
Other injury
If injuries do not fully fall into an iterated body part, consider compensation under N.C.G.S. § 97-31(24).
Common Shoulder Injuries
Common shoulder injuries on the job include the following:
- Rotator cuff tear
- Dislocation
- Impingement syndrome, pinched tendons
- Adhesive Capsulitis, frozen shoulder
- Cartilage tears, labral tears
- Fracture to humerus, scapula, or clavicle
- Tendonitis
- Bursitis, inflammation
- Acromioclavicular (AC) separation, ligament tear
Shoulder injuries on the job are often caused by extraordinary pressure. Common methods of injury are falls or being struck. Repetitive trauma can also harm the shoulder.
Issues
Common issues in Wilmington, NC, shoulder injury workers’ comp claims include the following.
Qualifying for compensation
Whether the injury falls under workers’ compensation. This may address a variety of issues, including behavior that may disqualify a person for benefits, such as intoxication and intentional harm.
Average weekly wage
The person’s income before the injury occurs, including whether there are special circumstances like a limited work history.
Alleged noncompliance with medical directives
Requires cooperation with your medical care.
Work disputes
Whether the person is fit to return to work fully or with limitations.
Impairment
The appropriate impairment rating for loss of function.
Medical care
What medical care should be covered, including surgery and therapy.
Type of settlement
Whether it’s appropriate to leave medical care open in the settlement.
The process
How to move the case forwarding, including asking for a hearing and filing appeals.
Our Lawyers Fight for You
We know the insurance company playbook because we used to work for insurance companies. We know what they do to deny benefits to people who suffer shoulder injuries on the job.
Horton & Mendez Injury Attorneys is a law firm that exists to serve you. It’s our goal to make the process as easy as possible while pursuing maximum compensation.
When you need compensation for your shoulder injury, contact us.
Free consultations; no fee unless you win
We offer free consultations. Ask how we can represent you with no fee unless you win your case.
Talk to a Lawyer
Get your workers’ compensation for a shoulder injury. With offices in Wilmington, NC, we are here to assist you. Call or message Horton & Mendez Injury Attorneys today.
