Shoulder Injuries and Workers’ Compensation in Florida
At Work Injury Rights, we are dedicated to helping injured workers in Florida secure the benefits they deserve. With years of experience handling workers’ compensation claims, our team of skilled attorneys is committed to guiding you through every step of the process. We understand the challenges you face after a workplace injury, and we work tirelessly to ensure your rights are protected and you receive the compensation necessary for your recovery.
Shoulder injuries are among the most common workplace injuries, often leading to significant medical costs, lost wages, and long-term physical challenges. In Florida, injured workers have the right to compensation for their injuries through the state’s workers’ compensation system. If you’ve sustained a shoulder injury at work, understanding the claims process, benefits, and potential settlement amounts is crucial to securing the support you need for recovery.
In this blog, we will cover the process of filing a workers’ compensation claim for shoulder injuries, the available benefits, and how working with an experienced Florida workers’ compensation lawyer can help you secure the full compensation you deserve.
Understanding Shoulder Injuries
Shoulder injuries are common in the workplace and can range from minor strains to severe fractures.
Types of Shoulder Injuries
Shoulder injuries can affect various parts of the shoulder joint, including the rotator cuff, ligaments, tendons, and bones. Common injuries include:
- Rotator Cuff Injuries: Damage to the muscles or tendons in the shoulder. This injury often results in pain and weakness in the upper arm.
- Frozen Shoulder: A condition where the shoulder becomes stiff, limiting movement and causing pain.
- Fractures: Broken bones in the shoulder, such as the upper arm bone or shoulder blade, typically from a traumatic event or impact.
- Dislocations and Subluxations: The shoulder socket may become partially or completely displaced, affecting the joint’s function.
Symptoms of Shoulder Injuries
Symptoms of shoulder injuries vary depending on the severity but often include:
- Pain: This may occur during movement or even while resting, especially if the injury is severe.
- Swelling: Injuries like fractures or tendon damage often result in swelling around the shoulder joint.
- Reduced Range of Motion: Difficulty moving the shoulder, common with frozen shoulder or torn ligaments.
- Weakness: Injured muscles or tendons can make the arm feel weak, particularly when lifting or pushing.
Treatment Options for Shoulder Injuries
Treatment for shoulder injuries typically includes a combination of medical care, rehabilitation, and, in some cases, surgery. Common treatment options are:
- Physical Therapy: Key for restoring movement and strength in the shoulder. It can help reduce pain and improve function.
- Medications: Anti-inflammatory drugs or pain relievers may be used to manage pain and swelling.
- Surgery: In severe cases, such as torn rotator cuffs or fractures, surgery may be necessary to repair the damage.
- Rest: Giving the shoulder time to heal can prevent further injury and reduce pain.
These treatment options can be costly, and depending on the severity of the injury, workers may need ongoing medical care and therapy.
Workers’ Compensation Benefits for Shoulder Injuries in Florida
In Florida, workers’ compensation benefits help cover medical costs, lost wages, and other expenses related to shoulder injuries sustained at work.
Medical Benefits
Injured workers in Florida are entitled to medical benefits under workers’ compensation. This includes coverage for:
- Doctor Visits: Costs for seeing a healthcare provider, including specialists for shoulder injuries.
- Surgery: If surgery is required, workers’ compensation will cover the procedure.
- Physical Therapy: This may be necessary to recover from shoulder injuries and restore full range of motion.
- Medications: Prescription medications for pain management or to reduce swelling and inflammation.
Workers can receive care from a medical provider chosen by their employer or authorized by the workers’ compensation system.
Lost Wages and Disability Benefits
If a shoulder injury prevents a worker from performing their job, they may be entitled to wage replacement benefits. These include:
- Temporary Total Disability (TTD): If the worker is unable to work at all during recovery, they can receive a percentage of their average weekly wage.
- Temporary Partial Disability (TPD): If the worker can still work but at a reduced capacity, they may receive partial wage benefits.
- Permanent Total Disability (PTD): In severe cases where the injury results in long-term disability, workers may qualify for permanent benefits.
The goal of these benefits is to ensure the worker can meet their financial needs while recovering from their shoulder injury.
Future Medical Benefits
Shoulder injuries often require long-term care, and Florida workers’ compensation provides future medical benefits to cover ongoing treatment. This can include:
- Ongoing Therapy: Workers may need continued physical therapy for months or even years after the initial injury.
- Surgery: If the injury requires additional surgeries later on, these can be covered under workers’ compensation.
- Assistive Devices: In some cases, workers may need braces or other equipment to assist in shoulder recovery.
Future medical care is an important part of workers’ compensation settlements for serious shoulder injuries.
Lump Sum vs. Structured Payments
When settling a workers’ compensation case, injured workers can choose between a lump sum or a structured payment plan.
- Lump Sum Settlement: This option provides a one-time payment for the full settlement amount. It is useful for those who need immediate financial relief.
- Structured Payments: With this option, the worker receives periodic payments over time. This may be preferred for those who want consistent support for ongoing medical care or future expenses.
Both options are designed to meet the specific needs of the injured worker.
Average Workers’ Comp Settlement Amounts for Shoulder Injuries in Florida
The settlement amount for shoulder injuries in Florida depends on various factors, including the severity of the injury, treatment required, and lost wages.
Factors Influencing Settlement Amounts
Several factors determine the settlement amount for shoulder injuries in Florida workers’ compensation cases. These include:
- Severity of the Injury: More severe injuries, such as fractures or torn rotator cuffs, generally lead to higher settlements.
- Medical Costs: The total cost of medical treatment, including surgery, physical therapy, and future medical care, affects the settlement amount.
- Lost Wages: Workers who are unable to work due to their shoulder injury are entitled to wage replacement benefits, which contribute to the settlement.
- Permanent Disability: If the injury leads to permanent disability or long-term impairment, it may increase the settlement value.
Each case is unique, and the final settlement is based on the total impact of the injury on the worker’s life.
Typical Settlement Range
Workers’ compensation settlements for shoulder injuries in Florida typically range from $20,000 to $100,000 or more, depending on the factors mentioned above. Minor injuries, like sprains, may result in lower settlements, while severe injuries, such as broken bones or long-term disability, can lead to higher amounts. The settlement may also vary depending on whether the worker chooses a lump sum or structured payment plan.
Lump Sum vs. Structured Payment Plan
In Florida, injured workers have the option to choose between a lump sum settlement or a structured payment plan.
- Lump Sum Settlement: Workers receive the full settlement amount in a one-time payment. This option may be beneficial for those who need immediate financial relief or who prefer to manage their own funds.
- Structured Payment Plan: Payments are made periodically over time, often for a set number of years. This option can provide long-term financial stability, especially if the worker requires ongoing medical care or therapy.
The choice between lump sum and structured payments depends on the injured worker’s specific needs and preferences.
Additional Considerations in Shoulder Injury Settlements
When determining the settlement amount, other factors such as the insurance company’s negotiation tactics and the worker’s ability to return to their job are also taken into account. It is important for injured workers to work with a Florida workers’ compensation lawyer to ensure they receive a fair settlement for their shoulder injury. The lawyer can help negotiate with the insurance company and ensure that the settlement adequately covers medical expenses, lost wages, and future treatment.
The Workers’ Compensation Claim Process for Shoulder Injuries in Florida
Navigating the workers’ compensation claim process in Florida can be complex, especially after a shoulder injury. Understanding each step is crucial to ensure you receive the benefits you’re entitled to.
Report the Injury Promptly
Florida law mandates that you report your shoulder injury to your employer within 30 days of the incident or when you first notice symptoms. Delaying this report can jeopardize your eligibility for workers’ compensation benefits.
Seek Medical Treatment
After reporting the injury, seek medical attention from an authorized healthcare provider. In Florida, your employer or their insurance carrier may direct you to specific doctors or clinics for treatment. It’s essential to follow their guidance to ensure your medical expenses are covered under workers’ compensation.
Employer’s Responsibility to Report
Once informed, your employer is required to report the injury to their workers’ compensation insurance carrier within seven days. If they fail to do so, you have the right to report the injury directly to the insurance company.
Filing a Claim
Your employer’s insurance company will file a First Report of Injury or Illness with the Florida Division of Workers’ Compensation. Ensure you receive a copy of this report for your records.
Insurance Company Response
The insurance company must approve or deny your claim within 20 days after receiving it. If approved, they will begin paying benefits. If denied, they must provide a written explanation detailing the reasons for the denial.
Handling Denied Claims
If your claim is denied, you have the right to challenge the decision. You can request a hearing before a judge of compensation claims to present your case and seek a resolution.
Role of a Florida Workers’ Compensation Attorney
Engaging a Florida workers’ compensation attorney can be beneficial throughout the process. They can assist in gathering medical evidence, filing necessary paperwork, and representing your interests during hearings or appeals. Their expertise ensures that you navigate the system effectively and secure the benefits you deserve.
Get the Compensation You Deserve for Your Shoulder Injury!
If you’ve suffered a shoulder injury at work, don’t navigate the workers’ compensation process alone. Our team at Work Injury Rights is here to help you every step of the way.
Contact us today for a free consultation at 954-388-8616 with a skilled Florida workers’ compensation lawyer and ensure you receive the compensation you deserve!
