Everyone who goes to work does so to earn a living so they can handle the various expenses they have in life and also to be able to put some funds away for security. It can be a very difficult experience when something unexpected happens and puts the ability to do that in jeopardy.
Shoulder injuries can be a great example. The shoulder is a very important body part considering its contribution to some of the most basic movements that the human body is capable of.
It doesn't help that many of these injuries happen to be incredibly painful to deal with. That's one of the reasons why people with rotator cuff injuries, for example, can both impact productivity and present a great deal of discomfort.
What if shoulder surgery becomes necessary? How much should the expected payout be? That's what the information below is meant to explore. Schuerger Shunnarah Trial Attorneys can also advise on questions like how much does workers comp pay for loss of finger?
Typical Shoulder Injury Types
Shoulder injuries in the working world can vary. Naturally, some workers are more susceptible to these than others. People such as farm workers, construction workers, plumbers, warehouse workers, shelf stockers, and similar types of work will see a load being placed on their shoulders that makes them susceptible to injury. The typical injuries are:
Torn rotator cuff
Frozen shoulder
Broken shoulder blade
Separated shoulder
Broken clavicle
Factors Affecting the Average Workers' Compensation Settlement
In many contexts, people will want to know what the average figure looks like so they can begin to calculate what they can expect within their own proceedings. As far as workers' comp shoulder injury settlements go, this is not a good time to do that.
That's because these cases can be unique. The medical expenses can differ as does the extent of treatment and the effects that the injuries may have on different people.
Assuming workers comp settlement benefits are approved, there will be three elements:
Medical benefits
Wage loss benefits
Impairment rating when applicable
As for the actual benefit amounts, this will depend on factors such as the location and severity of the injury, medical needs, permanent disabilities after MMI, and average weekly wage for the last 52 weeks leading up to the injury.
Workers Compensation Claim Types
A settlement agreement can come in two different flavors. The first is a stipulation and award, with the second being a compromise and release. Either tends to be reached in a mandatory settlement conference.
The former is the rare of the two. Here, there will be a relationship between the injured party and the insurance company that will carry on for some time. In this case, the insurance company will consistently pay for disability benefits and any ongoing medical costs that are related to the injury. The disability benefits are set in stone and are paid for a set time unless the injury gets worse.
Compromise and release is what will happen in most cases and this is where the insurance company will simply pay an amount to have the shoulder injury settlement case end. As expected, this will come in the form of a lump sum payment. Unfortunately, if the amount turns out to be insufficient, there isn't much that can be done.
The Composition of Typical Approved Workers' Compensation Claims
Once the injury has been suffered, a doctor will provide a course of treatment. Following this, the insurance company is expected to cover whatever authorized medical expenses that may arise.
Of course, treatments are unique and so are the responses to them. Therefore, the settlement amount for current and future medical expenses will differ.
With the medical expenses accounted for, the next step is to calculate the wage loss benefits. Next, there is the consideration of the extent to which the injury prevents the person from working.
Assuming the injury is eligible, the settlement composition may consider work history, education level, disfigurement, work restrictions, etc.
The Attending Doctor Plays a Big Part
Of course, the doctor is the one who will decide what the treatment looks like going forward. For example, physical therapy may be needed to aid in a rotator cuff injury after surgery has been performed.
Note that it is the workers' compensation insurance company that will choose the doctor. At some point, Maximum Medical Improvement (MMI) will be reached and the doctor can evaluate any permanent impairments or work restrictions.
As this implies, what the doctor has to say about the situation will greatly influence the claim result. Of course, injured parties are allowed to get a second opinion and an experienced workers compensation attorney can assist in having that setup.
Actions to Avoid for the Best Possible Outcome
It's clear now that the average workers' comp settlement considers many elements, which means that many different things can make or break the case. Therefore, it's a good idea to understand what actions may have a negative impact on things. These are as follows:
Lack of preparedness for dealing with the insurance company
Not seeking or following the course of medical treatment that has been prescribed
Lack of organization of medical records
Why Is a Workers' Compensation Lawyer Essential in These Matters?
While there are no guarantees, having a Des Moines workers compensation law firm for a shoulder injury claim significantly increases the chances of success.
First, with the insurance company being more in the interest of the employer, it helps to have a professional who's also familiar with the playing field that is on the side of the victim.
With this being an unusual situation. a certain level of guidance will be needed in actions to take and those to avoid.
Finally, experienced attorneys know what fair compensation looks like and are willing to fight for it for their clients. They can help answer questions such as how much does workers comp pay for lost wages?
Schedule a FREE Consultation with a Passionate Des Moines Workers' Compensation Injury Lawyer Today!
Whether it's a rotator cuff tear, shoulder separation, or other injury type, hurt workers should be able to get the compensation that they are entitled to!
If you have been hurt at work and required shoulder surgery, you may be entitled to compensation. Schedule a free consultation today with Tom Fowler Law!
Comments