Shoulder Injury At Work?

Our Arizona workers’ compensation attorneys can tell you how much compensation is owed for a shoulder injury on the job

If you’ve hurt your shoulder while on the job, it’s time to seek professional legal advice and representation. A skilled work injury lawyer can advise you of your rights and fight to see that you’re compensated for your injuries.

Shoulder injury risk factors

Many of these risk factors can be avoided or minimized by using proper ergonomics and safety equipment.

Shoulder injury statistics

According to research, shoulder pain affects approximately 18 to 26% of adults at any point in time, making it one of the most common regional pain syndromes. In fact, rotator cuff and other shoulder injuries are some of the most common occupational musculoskeletal problems that arise at home and in the workplace.

Statistics also show that certain industries have higher rates of shoulder injuries than others. For example, natural resources, construction, and maintenance (NRCM) occupations had higher incidence rates for shoulder injuries than all other occupations.

What kinds of medical care are covered under workers’ comp?

Fortunately, all necessary medical treatment, including surgery, medication and rehabilitation, is covered under workers’ comp in Arizona after a shoulder injury.

A typical worker often first seeks out conservative medical care, such as injections and therapy, to see if the injury can be resolved without surgery. Unfortunately, many times, the worker must undergo surgery on their shoulder and, ultimately, physical therapy.

While in the process of recuperating from conservative care or surgery, the worker is generally put in a status known as “temporary total disability” (TTD) or “temporary partial disability” (TPD). If they’re unable to work at all, they are placed in TTD and receive two-thirds of their average monthly wage.

If they’re in a partial work ability designation, such as light-duty, then their earnings are deducted from TTD payments, so they would get a check from the insurance company and their employer.

Typically, shoulder injuries are so severe that there aren’t many opportunities for light-duty work, or the employer doesn’t have opportunities for light-duty if the injured worker is in a heavy labor trade.

In such cases, the worker will ultimately continue recuperation until they reach a point known as “maximum medical improvement,” or MMI. This is the point when the worker isn’t expected to get any better or any worse, even with continued treatment.

When MMI is reached, the doctor rates the injured worker based on the American Medical Association’s (AMA’s) guidelines for permanent disability. These guidelines help the doctor assign a numerical rating to the injured worker’s shoulder and define what the worker can and cannot do in terms of work—or, in other words, their work restrictions.

Even if they’re able to work, what can the injured worker do with their injured shoulder in terms of pushing, pulling, lifting overhead, and weight limitations?

This is an important question, as are the frequently asked questions below.

How much will I get for a shoulder injury?

Many shoulder injury settlements approach $100,000 or more, but some settle for far less. While we can’t calculate precisely how much your case is worth without knowing more details, we can tell you that insurance companies regularly undervalue shoulder injury cases. For this reason, you should never accept a settlement offer until you’ve spoken to an experienced attorney.

What shoulder injuries require surgery?

While some shoulder injuries heal with a little rest, physical therapy and other nonsurgical treatments, others require intensive surgery. Surgery should always be a last resort, but some injuries will worsen over time without a quick procedure.

If nonsurgical intervention doesn’t work, surgery may be required for the following shoulder injuries:

How much does a shoulder injury cost?

The BLS estimates that medical expenses alone for a work-related shoulder injury total $20,000 per year on average, NOT including the cost of surgery (which can easily add up to tens of thousands of dollars alone). What’s more, the injured worker misses 21 days of work on average for treatment and recovery.

How can a work injury attorney help me?

Even though the pain and discomfort you or a loved one may be experiencing on a daily basis due to a shoulder injury are very real, it’s common for employers and workers’ compensation insurers to dispute work injury claims or try to convince the injured worker to settle for far less than it will cost to get appropriate treatment.

This is where we can help.

We get to know the injured worker’s employment and professional background so that we can determine what jobs he or she might be able to fit into, as well as their prior work history and educational ability. Knowing these skills, past work history and education can help us better advise the injured worker on whether or not they can return to some kind of gainful employment and earn a monthly wage or not.

Shoulder injuries are common causes of workers’ compensation claims, and most are complicated. If you require the assistance of a Certified Specialist by the Arizona Board of Legal Specialization, don’t hesitate to contact the Law Offices of Robert E. Wisniewski to schedule your free initial consultation.

Tips for preventing shoulder injuries at work

Arizona employers are required to provide a safe working environment that reasonably limits the risk of injury for workers. Similarly, workers have a duty to avoid injury to themselves and others as much as possible.

Both employers and workers should practice basic safety procedures to prevent a workplace accident from happening, and the following injury prevention tips are a good place to start.

Safety tips for employers

• Redesign workspaces. Consider implementing engineering controls such as redesigning workstations to be more ergonomic, installing adjustable features, and making tools more readily available for workers. Also, think about administrative changes you can make to encourage workers to take breaks via job rotation, work pacing and adjustments in procedures.
• Conduct a worksite evaluation. If you identify any potential hazards during the evaluation, take steps to correct or minimize the danger to the best of your ability.
• Keep the communication lines open. Talk with your workers regularly about any safety concerns they may have, and work together to create a safe work environment that focuses on injury awareness and prevention.
• Train employees. If you haven’t already, implement a workplace safety protocol process to reduce risk factors related to shoulder trauma and other common types of workplace injuries, then train team members on how to follow these guidelines. Teach them about proper posture, lifting techniques, and how to identify shoulder fatigue. Consider implementing a pre-shift stretching program, and encourage workers to stay fit and healthy.

Safety tips for workers

• Maintain good posture. When sitting at a desk for long durations, choose a supportive chair and sit as far back as possible in the seat so that your thighs are supported. Adjust your computer monitor so that the toolbar is level with your eyes and your neck isn’t straining. Support your feet firmly on the floor or a footstool. Your elbows and knees should be at 90 degrees.
• Take breaks. Stay in tune with your body and take breaks when you need them. If you must sit for long periods, change your position every once in a while, and walk around to stretch your muscles and relieve tension.
• Follow proper lifting techniques. Before lifting objects, think about proper techniques designed to prevent shoulder and back injuries. Lift with your knees, tighten your core muscles, and maintain the natural curve of your back. Try to keep the object close to your body.
• Use tools. If a heavy object is stored up high, use a ladder, step stool or other stable platform to retrieve it rather than trying to reach to grab it.
• Ask for help. It’s okay to ask for help when you need it. Instead of putting unsafe strain on your shoulders or back, find a coworker who can lend you a hand or wait until help arrives.