Workplace shoulder injuries can be caused by anything from a slip-and-fall accident in an office to repetitive overhead motions like painting or hammering during a construction job.
Because a shoulder injury can make it difficult to reach, lift, carry objects, or even type, employees who sustain shoulder injuries are often unable to work for long periods of time. Severe shoulder injuries can require surgeries such as rotator cuff surgery or shoulder arthroscopy.
If you sustain a shoulder injury at work, workers' comp benefits can help you pay for your medical costs, lost wages, and medical or vocational rehabilitation.
Here's what you need to know to recover workers' comp benefits for a shoulder injury.
To recover workers' comp benefits, you need to show that your shoulder injury is "work-related." An injury is work-related if it happened while you were performing your work duties—whether or not you were actually at the workplace.
For example, falling off a ladder at your worksite or lifting heavy boxes while offsite making deliveries to customers are both activities that can result in work-related shoulder injuries. On the other hand, if you drive to a restaurant with your colleagues during your lunch break and suffer a shoulder injury when your car is rear-ended, your injury probably won't qualify as work-related.
Workers' comp insurers may claim that your shoulder injury is not work-related because it was caused by a pre-existing condition. For example, they may point to an old sports injury, a previous car accident, or an underlying condition like osteoarthritis.
Even if you have a pre-existing injury or condition, your new injury may still be covered by workers' comp if it aggravated—or is unrelated to—the old one. For example, if repetitive lifting aggravates your arthritis, you might still receive compensation for your work injury (although likely not as much as you would if you didn't have a preexisting condition).
And if you can show that your shoulder injury was directly caused by a workplace accident like a fall, the fact that you had a condition like arthritis should have even less bearing on the outcome of your claim.
The key to recovering benefits for your workers' comp injury is to notify your employer, your doctor, and the workers' comp board as soon as possible—and to document your injury in as much detail as you can.
There are four primary steps to filing a workers' comp claim:
Workers' comp typically pays for the following types of benefits:
The amount you recover in a workers' comp claim depends on factors such as the severity of your injury, the degree to which it impacted your ability to work, and whether your injury required surgery.
Some workers' comp claims are straightforward, but many are contested, lengthy, and complex. An experienced workers' comp lawyer can walk you through the process, keep track of deadlines, and represent you during your appeal.
Hiring a workers' comp lawyer won't cost you anything out of pocket. In most states, workers' comp attorneys charge a percentage of your benefits if you win your case, and nothing (or only case-related expenses) if you lose.