Learn how to file a workers’ comp claim to maximize your settlement for a shoulder injury at work in Georgia
Shoulder injuries are common for workers across a variety of industries in Georgia. These injuries are not just minor inconveniences; they can often be debilitating, significantly impacting a worker’s ability to perform their job or even manage everyday tasks at home.
Unfortunately, despite the seriousness of shoulder injuries, insurance companies frequently dispute these claims, leading to frustrating delays and wrongfully denied claims. In this article, we’ll explore why insurers often fight shoulder injury claims and what injured workers can do to safeguard their rights and secure the settlement they deserve for a shoulder injury.
Average settlements with & without an attorney
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Common types of shoulder injuries
The shoulder is a complex joint that is prone to various types of injuries in the workplace. These injuries can result from sudden trauma or repetitive tasks involving frequent overhead lifting or movement of the arm.
Any job duties that require repeated shoulder motions for long periods of time can lead to pain in the shoulder joint. Sometimes, this pain is only mild muscle soreness that goes away on its own, but other times, it could indicate a more serious type of injury that requires extensive medical treatment and time off work.
Below are some of the most common work-related shoulder injuries.
Rotator cuff tear
A rotator cuff tear is a common shoulder injury that involves the tearing of the tendons connecting the muscles of the rotator cuff to the upper arm bone. This injury can result from sudden trauma or degenerative changes over time.
Symptoms may include pain, weakness, a limited range of motion and difficulty with daily activities. Treatment options can range from rest and physical therapy to surgical repair, depending on the severity of the tear.
Shoulder impingement syndrome
Shoulder impingement syndrome occurs when the rotator cuff repeatedly rubs against the upper edge of the shoulder, causing swelling and narrowing of the space. This leads to pain, irritation, weakness and a limited range of motion.
It typically occurs due to repetitive overhead activities or poor shoulder mechanics. Treatment options include rest, ice, anti-inflammatory medications, cortisone injections, physical therapy and surgical intervention.
Shoulder dislocation
A shoulder dislocation happens when the upper arm bone pops out of its socket in the shoulder joint. It’s often caused by a sudden impact or excessive rotation of the arm. Symptoms include intense pain, swelling and an obvious deformity of the shoulder.
Treatment involves relocating the shoulder joint, immobilizing the arm with a sling and undergoing rehabilitation to regain strength and stability in the shoulder. In some cases, surgery may be necessary to repair damaged ligaments or tissues.
Frozen shoulder
Frozen shoulder, or adhesive capsulitis, is a condition that results in stiffness, pain and a limited range of motion in the shoulder joint. It occurs when the shoulder capsule becomes thickened and tight, restricting movement. The exact cause is unclear, but it can be associated with injury, prolonged immobility, or certain medical conditions like diabetes.
Treatment typically involves pain management, physical therapy and stretching exercises to restore mobility. In some cases, corticosteroid injections, hydrodilatation (a process by which sterile water is injected into the joint to help stretch the tissue and make it mobile), or surgery may be necessary.
Shoulder fracture
A shoulder fracture is a break or crack in one or more of the bones that make up the shoulder joint, such as the collarbone, shoulder blade (scapula) or upper arm bone (humerus). It can occur due to a fall, direct impact or a high-energy trauma.
Symptoms include severe pain, swelling, deformity and difficulty moving the shoulder. Treatment depends on the severity and location of the fracture, ranging from immobilization with a sling or cast to surgical intervention for realignment or fixation. Rehabilitation is often necessary to restore strength and function to the shoulder.
Labral tear
A labral tear refers to a tear or injury in the labrum, which is a ring of cartilage that surrounds the shoulder joint socket and helps to keep it in place. It can occur due to acute trauma or repetitive shoulder motions, such as overhead throwing or lifting heavy objects.
Symptoms include shoulder pain, instability, a limited range of motion and a popping or clicking sensation. Treatment options may include rest, physical therapy, pain management and, in rare cases, surgical repair to restore stability and function to the shoulder joint.
Can a torn labrum in the shoulder heal itself?
Depending on the severity of the injury, a torn labrum shoulder may go unnoticed as it doesn’t always result in pain or instability. In these cases, it may not necessitate any treatment. In fact, due to the ample blood flow to the labrum, in many cases, it may be able to heal naturally on its own if given sufficient rest.
A labral tear that is frayed may exhibit minimal or no symptoms and may not necessitate any medical intervention. Given the well-supplied blood flow to the labrum, it often has the capacity to self-heal with proper rest and care.
Why work-related shoulder injuries are complicated
Shoulder injuries can be complicated from a medical perspective. Sometimes people who are hurt on the job complain of pain in their neck, when they actually have an injury to their shoulder. The reason for this could be because of pain radiating from the shoulder to the neck. There are ways to avoid using one’s shoulder in daily activities, but it’s much harder to avoid turning and twisting your neck, which is a reason for the misappropriation of the actual injury.
Furthermore, shoulder injuries occasionally occur in conjunction with an injury to another body part, such as an arm. Many times, the arm is treated before the shoulder because the injury is more obvious.
Take this example that happened to a client of ours:
Our client was working in a warehouse pulling items to stack on a pallet. This was her regular job. One day, as she was stacking product, her arm got stuck between two large items. She instinctively and immediately attempted to pull her arm out of the way. Unfortunately for her, she fractured her arm.
The immediate pain was in her arm where the fracture was and that was treated at the emergency room. But because the pain of the fracture was so intense, she didn’t realize the serious injury she also sustained to her shoulder. In fact, she had torn her rotator cuff as well.
The insurance carrier initially fought against covering the shoulder injury because the injured worker didn’t report a shoulder injury at the time of the accident.
Reasons why workers’ comp insurers regularly deny shoulder injury claims
One of the many reasons why an insurance company might decide to deny a shoulder injury claim is that the injured worker reported the injury after a weekend or being off for a period of time.
Often, rotator cuff injuries don’t always begin as a sharp pain. Sometimes they feel like a muscle strain and the injured worker believes that the pain will go away with rest. However, the pain may not go away, or it may recur the moment the injured worker performs work again with that shoulder.
As you can see, this may run smack into the theory of insurance companies denying claims after a weekend or a period of time off. Unfortunately, litigation is very common in these circumstances.
Another important fact about shoulder injuries is that they are difficult to diagnose with an X-ray and an MRI. Often an MRI with dye contrast is required to see a rotator cuff tear. These MRIs aren’t common and are rarely requested by industrial clinics.
Presently, industrial clinics are the favored first point of medical treatment for injured workers. Injured workers in Georgia DO NOT have to treat at an industrial clinic, but they are frequently steered there by the employer.
What to do if you think you’ve suffered a workplace shoulder injury
We have seen numerous clients sent to industrial clinics after a shoulder injury. An X-ray is ordered but doesn’t show any type of fracture so the injured worker is returned to the job without restrictions. When they return to work, they still experience pain and they report this to the general practitioner at the clinic. The doctor then prescribes a normal MRI, which also shows nothing and the injured worker is told that there is no real injury and it is all in their head, or that they are exhibiting signs of symptom magnification.
It is extremely important to contact an attorney at this point, if not earlier so they can assist injured workers in getting to appropriate doctors.
There are doctors who specialize in shoulders and know what to look for. They are also knowledgeable and can order the MRI with contrast to properly diagnose and treat your injury.
How much can I expect from a workers’ comp settlement for a shoulder injury?
While the total settlement amount you can expect from a shoulder injury depends on the extent of the injury and whether you can eventually return to work, another important aspect that should be addressed when determining compensation is how the injury is treated from a permanent partial disability (PPD) benefits perspective.
The common practice is to treat it as an injury to an upper extremity. As a result, according to Georgia law (O.C.G.A. 34-9-263), it is worth compensation for up to 225 weeks. However, because a shoulder injury can also affect your neck, it may be necessary to explore whether or not your injury is actually to the body as a whole and, therefore, worth up to 300 weeks of compensation.
As you can see, there is quite a discrepancy between these two positions, so it’s important to discuss your case with a local Georgia work injury attorney before accepting a workers’ comp settlement offer for a shoulder injury.
A knowledgeable attorney can gather evidence to support your claim and handle the negotiations with insurers to get you fair compensation that adequately covers your medical expenses and lost wages while you recover.
Looking to maximize your workers’ comp shoulder injury settlement in Georgia? We can help!
If you’ve suffered a severe on-the-job shoulder injury in Georgia that’s preventing you from working, never settle for less than you deserve. The experienced Atlanta work injury attorneys at Gerber & Holder are here to fight you. With over 75 years of combined experience in workers’ compensation litigation, our attorneys know how to protect your rights and maximize your workers’ comp benefits.
