Shoulder Injury Compensation

You may be able to claim compensation for a shoulder injury if it was caused by another person’s negligence or wrongdoing. Some common scenarios in which you may be able to claim compensation for a shoulder injury include:

1. A car accident caused by another driver’s negligence, such as drunk driving or distracted driving.
2. A workplace accident caused by an employer’s failure to provide a safe work environment or adequate training.
3. A slip and fall accident on someone else’s property due to the property owner’s failure to maintain the premises.
4. A defective product that caused a shoulder injury, such as a faulty power tool or a faulty car seat.

If your shoulder injury was caused by someone else’s negligence or wrongdoing, you may be able to claim compensation for damages such as medical expenses, lost wages, and pain and suffering. It is important to consult with an experienced personal injury attorney to determine your rights and options in your specific case.

What are the most common shoulder injuries?

The most common shoulder injuries include:

1. Rotator cuff injuries: The rotator cuff is a group of muscles and tendons that surround the shoulder joint and help to move and stabilize the arm. Rotator cuff injuries can be caused by falls, accidents, or overuse, and can result in pain, weakness, and difficulty moving the arm.
2. Dislocated shoulder: A dislocated shoulder is an injury in which the bones in the shoulder joint are forced out of alignment. Dislocated shoulders can be caused by falls, accidents, or sports injuries, and can result in severe pain, swelling, and difficulty moving the arm.
3. Frozen shoulder: Frozen shoulder, also known as adhesive capsulitis, is a condition in which the shoulder joint becomes stiff and painful. Frozen shoulders are often caused by inactivity or injury, and can result in difficulty moving the arm and a loss of range of motion.
4. Bursitis: Bursitis is an inflammation of the bursae, which are small fluid-filled sacs that cushion the bones, tendons, and muscles in the shoulder joint. Bursitis can be caused by overuse or injury, and can result in pain, swelling, and difficulty moving the arm.

It is important to seek medical attention if you are experiencing any of the symptoms of a shoulder injury, in order to receive appropriate treatment and prevent further damage to the joint.

What are the main causes of shoulder injuries?

The main causes of shoulder injuries include:

1. Trauma: Trauma, such as falls, car accidents, and sports injuries, is a common cause of shoulder injuries. These types of injuries can result in fractures, dislocations, or other damage to the bones, muscles, and other structures in the shoulder.
2. Overuse: Overuse, such as repetitive movements or overloading the shoulder with heavy objects, is another common cause of shoulder injuries. These types of injuries can result in strains, sprains, or other damage to the muscles, tendons, and ligaments in the shoulder.
3. Medical conditions: Medical conditions, such as arthritis, bursitis, and rotator cuff tears, can also cause shoulder injuries. These conditions can result in pain, stiffness, and other symptoms in the shoulder.
4. Aging: As people age, the tissues in the shoulder, including the bones, muscles, and tendons, can become weaker and more susceptible to injuries. This can increase the risk of shoulder injuries, particularly in older adults.

Workers Compensation for Shoulder Injuries at Work

If you have suffered a shoulder injury at work, you may be entitled to workers’ compensation benefits. Workers’ compensation is a system that provides financial assistance to employees who are injured on the job, regardless of who was at fault.

As shown in the table below , shoulder injuries are a common type of workplace injury, accounting for around 8% of all injuries each year. 

Here is a table with some workplace shoulder injury statistics in the United States:

Year	Number of shoulder injuries	Percentage of total injuries
2020	147,000	8%
2019	159,000	8%
2018	168,000	8%
2017	177,000	8%
2016	186,000	8%

Note: These statistics are estimates based on data from the Occupational Safety and Health Administration (OSHA) and may not include all workplace shoulder injuries.

These injuries can range in severity and may result in lost work time, medical expenses, and other costs. Employers are responsible for providing a safe and healthy workplace for their employees, and if you have suffered a shoulder injury on the job, you may be entitled to workers’ compensation benefits.

Steps to Claim Workers Compensation for a Shoulder Injury

To claim workers’ compensation for a shoulder injury, you will need to follow certain steps:

1. Report your injury to your employer as soon as possible. In most states, you have a limited time (usually 30 days) to report your injury to your employer.
2. Seek medical attention. If your injury requires medical treatment, make sure to visit a doctor or other healthcare provider as soon as possible. Be sure to keep copies of all medical bills and records related to your injury.
3. File a claim with your employer’s workers’ compensation insurance provider. Your employer should provide you with the necessary forms and instructions for filing a claim.
4. Cooperate with the insurance company. The insurance company may request additional information or documentation as part of the claims process. It is important to cooperate with the insurance company and provide any requested information in a timely manner.
5. Seek expert legal advice. If your employer or someone else was negligent and at fault for your accident then further compensation through a personal injury settlement may be open to you. Attorney Hawk can help you seek justice by matching you to a vetted shoulder injury expert attorney.

If your claim is approved, you may be entitled to benefits such as medical expenses, lost wages, and compensation for any permanent injuries or disabilities. If your claim is denied, you may have the option to appeal the decision.

It is important to note that the process for claiming workers’ compensation for a shoulder injury can be complex, and it is often helpful to seek the guidance of an experienced workers’ compensation attorney. An attorney can help you understand your rights and options and assist you in navigating the claims process.

What jobs are most at risk of shoulder injuries?

Jobs that are most at risk of shoulder injuries include:

1. Construction workers: Construction workers often perform tasks that involve lifting heavy objects, using tools and machinery, and working in awkward positions, which can put strain on the shoulders and increase the risk of injury.
2. Factory workers: Factory workers who perform repetitive tasks, such as assembly line work, can also be at risk of shoulder injuries from the repetitive strain and overuse.
3. Healthcare workers: Healthcare workers, such as nurses and physical therapists, may also be at risk of shoulder injuries from performing repetitive tasks and lifting patients.
4. Office workers: Office workers who sit at a desk for long periods of time and use a computer can also be at risk of shoulder injuries from poor posture and repetitive strain.

It is important for workers in these high-risk jobs to take precautions to prevent shoulder injuries, such as using proper lifting techniques, taking breaks to stretch and rest, and using ergonomic equipment and tools.

What are common causes of shoulder injuries at work?

Some common causes of shoulder injuries at work include:

1. Repetitive strain: Many shoulder injuries are caused by repetitive strain, which can occur when workers perform the same task over and over again. This can lead to inflammation and damage to the tendons and muscles in the shoulder, resulting in pain and reduced range of motion.
2. Falls: Falls are a common cause of shoulder injuries in the workplace, particularly in industries such as construction or manufacturing. A fall can result in a direct impact to the shoulder, causing damage to the bones, muscles, or tendons.
3. Lifting or carrying heavy objects: Lifting or carrying heavy objects can put strain on the muscles and tendons in the shoulder, leading to injuries such as rotator cuff tears or impingement syndrome.
4. Repetitive overhead work: Repetitive overhead work, such as painting or welding, can put strain on the muscles and tendons in the shoulder, leading to injuries such as bursitis or tendinitis.
5. Motor vehicle accidents: Workers who drive as part of their job, such as truck drivers or delivery workers, are at risk of shoulder injuries in motor vehicle accidents. A car crash can cause direct impact to the shoulder, leading to injuries such as fractures or dislocations.

Shoulder injuries can be painful and debilitating, and if you have suffered a shoulder injury due to the negligence or wrongdoing of another party, you may be entitled to compensation. Here is how shoulder injury compensation claims are typically calculated, as well as information on time limits for shoulder injury claims in California, Texas, and Florida.

Calculating shoulder injury compensation

There are several factors that may be taken into account when calculating shoulder injury compensation, including:

• Medical expenses: This includes any costs associated with medical treatment, such as hospital stays, surgeries, medications, and physical therapy.
• Lost wages: If you have been unable to work as a result of your shoulder injury, you may be able to claim compensation for lost wages or lost earning capacity.
• Pain and suffering: You may be able to claim compensation for the physical and emotional pain and suffering that you have experienced as a result of your shoulder injury.
• Other damages: Depending on the circumstances of your case, you may also be able to claim compensation for other damages, such as property damage or loss of consortium.

Time limits for shoulder injury claims

In California, Texas, and Florida, there are time limits for filing a shoulder injury claim. These time limits, known as “statutes of limitations,” vary depending on the type of claim and the state in which the injury occurred.

• In California, the statute of limitations for personal injury claims, including shoulder injury claims, is two years from the date of the injury. 
• In Texas, the statute of limitations for personal injury claims is two years from the date of the injury, with some exceptions. 
• In Florida, the statute of limitations for personal injury claims is four years from the date of the injury.

If you are considering making a shoulder injury claim, it is important to consult with an experienced personal injury attorney as soon as possible. A lawyer can help you understand your rights and options and guide you through the process of seeking compensation.