Workers' Comp Settlements for Shoulder Injuries
On-the-job shoulder injuries are common for Portland workers. If you’ve suffered a work-related injury, you might be entitled to financial benefits through the workers’ compensation system.
Our experienced Portland workers’ compensation lawyer can help you pursue a claim for benefits and, if necessary, appeal a denied claim or underpayment of benefits.
Have you injured your shoulder on the job? Contact the Law Offices of Jodie Anne Phillips Polich, P.C. today for a free case review to learn more about how our Portland shoulder injury attorney can help. You could get money through a workers’ comp claim.
FAQs about Work-Related Shoulder Injuries
How much compensation can I get for a shoulder injury?
When you file a workers’ compensation claim after suffering a shoulder injury at work, you might be entitled to benefits that include payment for reasonable and necessary medical treatments, surgeries, rehabilitation, and pain management. If your injury causes you to miss time from work, you could get partial wage-replacement benefits. If you suffer partial or total disability after your shoulder injury reaches maximum improvement, you could be entitled to ongoing disability benefit payments.
How much can I claim for a shoulder injury requiring surgery?
If you’re temporarily or permanently totally disabled from your job, you could receive payments equal to two-thirds of your pre-injury average weekly wages. If you suffer some permanent partial disability after completing treatment but can still work, you might be entitled to payments set by a schedule of benefits.
While you could get compensation for medical treatment right after your shoulder injury, you can’t seek wage-replacement benefits until you’ve missed at least three days from work. You can only receive compensation for those first three days if you miss at least 14 consecutive days.
In some cases, it makes sense to pursue a settlement of your workers’ compensation claim, which would pay you money either in a lump sum or installments instead of taking the regular benefits under the workers’ comp system.
How long does it take to receive compensation for a shoulder injury?
When you file a workers’ compensation claim after suffering a shoulder injury, your employer or its insurer has up to 60 days to either accept or deny your claim. If your claim is accepted, the insurer should begin paying workers’ comp benefits immediately.
If the insurer denies your claim, you have the right to appeal to the Oregon workers’ compensation board. A formal claim before the board can take up to several months to resolve.
If you choose to pursue a settlement of your workers’ compensation claim, how long the settlement process takes can depend on multiple factors, including the severity of your injury and whether you’re still undergoing treatment or expect further treatment in the future.
Common Work-Related Shoulder Injuries
The stresses and trauma that many jobs put on a person’s shoulder can lead to shoulder injuries. Some of the most frequent kinds of shoulder injuries suffered by workers in Portland include:
- Dislocation
- Tendonitis
- Impingement
- Frozen shoulder
- Bursitis
- Labral tear
How Workplace Shoulder Injuries Happen
Employees can suffer shoulder injuries on the job for several reasons. A worker can injure their shoulder in a workplace accident, such as a slip and fall, trip and fall, or fall from height. Dangerous equipment and machinery, such as forklift or motor vehicle accidents, can also cause shoulder injuries. Other shoulder injuries develop over time due to repeated stresses placed on the joint by physical movements that the worker must do in the course of the job.
Treatment for Shoulder Injuries
The treatment needed for a shoulder injury varies based on the specific type and severity of the injury. For more minor injuries, treatment may include resting the affected shoulder, often by immobilizing the shoulder and arm in a sling or splint. A worker who has suffered a shoulder injury may also be directed to take over-the-counter or prescribed pain medication or muscle relaxers to help manage the pain and discomfort.
For injuries where the shoulder joint moved out of position or alignment, such as dislocation, a physician may perform maneuvers or manipulate the joint to put it back into the proper position.
More severe shoulder injuries can require surgical repair of the bones and tissues, such as stabilizing bone fractures, repairing or replacing torn soft tissues, and treating damaged nerves or blood vessels. Following surgery, or sometimes instead of surgery, a worker who has suffered a shoulder injury might be prescribed physical and occupational therapy to help restore strength and range of motion to the shoulder.
Can a Shoulder Injury Result in a Permanent Disability?
Even with treatment, some severe shoulder injuries never heal to the point where an injured worker regains sufficient strength, range of motion, or relief from pain to return to work. After a worker achieves maximum medical improvement or maximum stability of their shoulder injury, the treating physician may determine that the worker cannot safely perform required physical tasks and is permanently disabled.
Filing a Claim for Shoulder Injuries in Portland
You’ll need Form 801 -“Report of Job Injury or Illness” to file a claim for workers’ compensation benefits after experiencing a shoulder injury on the job in Oregon. You should be able to get it from your employer. This form notifies your employer of your shoulder injury. They should forward your report to their workers’ compensation insurer immediately
If you seek medical treatment for your work-related shoulder injury, notify your treating provider that your injury is work-related. You and your doctor will complete a Form 827 – “Worker’s and Health Care Provider’s Report for Workers’ Compensation Claim,” which should be submitted to your employer’s workers’ comp insurer.
Once your employer or its insurer has notice of your claim, they have 60 days to decide whether to accept and pay you benefits or deny the claim. If your claim is denied, you have 60 days to appeal that decision, either by following the insurer’s internal appeals process or filing a formal claim with Oregon workers’ compensation. A workers’ compensation judge will ultimately rule on whether your shoulder injury qualifies for benefits and determine what you should receive.
Call Our Shoulder Injury Workers’ Comp Lawyers in Portland
If you’ve suffered a shoulder injury on the job, you might be able to claim benefits to help pay for your treatment and make up for missed time from work. Contact the Law Offices of Jodie Anne Phillips Polich, P.C., for a free, no-obligation consultation. Speak with our experienced shoulder injury workers’ comp lawyers in Portland about your rights and options today.