Are you looking for a Pennsylvania Shoulder Injury Attorney? We are here to help!
Shoulder and rotator cuff injuries that occur in the workplace often leave victims with complex challenges. Whether or not your injuries require surgery, you may be entitled to a workers’ comp shoulder injury settlement. Many shoulder injury claims involve negotiating a lump sum payment, which is a one-time financial settlement designed to cover future medical expenses and lost wages.
Hiring an experienced workers’ compensation lawyer in Pennsylvania may be your strongest path to recovering your benefits and maximum compensation. If you’ve experienced a shoulder injury at work, you must file a claim to protect your legal rights. Our skilled team of PA shoulder injury attorneys will demand the benefits you deserve by law.
We’ve served injured workers in Pennsylvania for over 30 years and have recovered millions of dollars for our clients. We are The Law Firm With a Heart. Help is one phone call away.
Contact us to schedule a free case evaluation. Fill out our online form or call 888-KITAYLAW.
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KITAY LAW OFFICES
HAS BEEN FEATURED IN:
OVERVIEW
- We Represent Workers’ Comp Shoulder Injury Clients
- When To Get a Shoulder Injury Lawyer in PA
- Protect Your Workers’ Comp Benefits & Rights
- Immigration Status and Shoulder Injuries
- Jobs Where Shoulder Injuries Occur
- Common Types of Shoulder Injuries
- What To Do After a Shoulder Injury at Work
- Challenges When Filing a Workers’ Comp Claim
- PA Deadlines for Shoulder Injury Cases
- Workers’ Comp Shoulder Injury Settlements
- Our Locations: Contact Us
- FAQs about Shoulder Injury Cases
- Helpful Resources
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Our Law Firm Pursues Your Workers’ Compensation Shoulder Injury Settlements in Pennsylvania
As your experienced workers’ comp shoulder injury law firm in Pennsylvania, count on our knowledge of PA workers’ compensation laws and regulations to effectively represent you. We represent injured workers throughout the Commonwealth.
Hiring an experienced workers’ compensation attorney is crucial for handling complex settlement negotiations with insurance companies, especially to ensure fair compensation for shoulder injury claims.
- 30+ Years of Experience
- Millions Recovered for Clients
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LEARN MORE: What Does a Workers’ Compensation Lawyer Do?
You should be aware that Workers’ Compensation litigation is complex, and your employer or your employer’s insurance carrier will be represented by an experienced attorney.” - Pennsylvania Department of Labor & Industry Bureau Of Workers’ Compensation [6.1]
Shoulder Injury at Work in PA? Here’s When to Get a Lawyer
The process for a worker’s comp shoulder injury claim in PA can be complex. Expect experienced lawyers to represent your employer and their insurance company. This is what you are going up against. There are specific deadlines involved in filing workers’ compensation claims for shoulder injuries and taking legal action. Take action sooner rather than later.
As an injured worker, having legal representation can help you negotiate a settlement to cover medical expenses and lost wages, ensuring your long-term interests are protected. Consulting a personal injury attorney can also be beneficial for those who have suffered a shoulder injury in a workplace accident, as they can help navigate the legal process and pursue compensation.
It’s time to consult a workers’ comp shoulder injury law firm in PA when you are dealing with:
- Refusal to file a First Report of the Shoulder Injury – This is supposed to be filed at the beginning of all workers’ compensation cases. An injury attorney can help you bypass the employer by filing a petition for compensation within three years after the injury.[1]
- Your Employer’s Insurance Company Denies Your Worker’s Comp Claim – Our workers’ comp shoulder injury lawyers can prepare a petition for compensation to file with the Pennsylvania Department of Labor and Industry.[2] This will initiate the process of seeking compensation for your shoulder injury, including lost wages.
- Independent Medical Examination by Your Employer’s Medical Experts – Before attending a shoulder injury appointment with your employer’s medical experts, which they are entitled to request [3], speak first with a qualified workers’ comp lawyer. We’ll work tirelessly to protect your rights.
- Modification, Suspension, or Termination of Benefits – If the insurer cuts off or changes approved workers’ compensation benefits before you have recovered, our shoulder injury attorneys can help you challenge the insurer’s action.[4]
- Utilization Review – The insurer can request a utilization review to determine whether your physician’s prescribed treatment for your shoulder injury is reasonable and medically necessary.[5] An experienced attorney at Kitay Law Offices can represent you during the utilization review to provide medical evidence supporting the need to treat your shoulder injuries.
Call 888-KITAYLAW for a free case evaluation. We are ready to fight for your rights.
Knowing Your Workers’ Comp Benefits After a Shoulder Injury
Coverage under the Pennsylvania Workers’ Compensation Act begins on the first day of employment and covers most full and part-time workers.[6]
Pennsylvania Workers’ Compensation benefits typically include:
- Lost Wages – financial compensation to cover the work you have missed
- Medical Expenses – settlements are designed to cover medical expenses for medical bills related to your injury, including doctor visits and hospital treatments, medications, medical equipment, physical therapy, surgery, post-operative care, and chiropractic manipulations. Compensation may also include future medical expenses for ongoing care needs.
- Additional Payment for Severe Injuries – this may include an amputation, a loss of vision or hearing, or scars on your head, neck, or face. These can be more common in a construction accident claim compared to another job site. Serious injuries can also impact the timing and likelihood of a workers’ comp settlement due to the increased medical costs and long-term effects on the worker.
- Death benefits for surviving family members. And depending on the facts of the case, a separate wrongful death claim may apply.
Ongoing physical therapy is often a critical part of the recovery process and is factored into compensation to address long-term care and rehabilitation needs.
Immigration Status and Workers’ Comp Benefits
Workers’ compensation benefits after a workplace shoulder injury are available regardless of your immigration status in the United States.
These benefits are available for:
- U.S. citizens
- Undocumented workers
- Permanent residents
Jobs Where Shoulder Injuries Commonly Occur
Shoulder injuries may occur in a multitude of workplaces, and they occur frequently in jobs that include lifting, repetitive motion, continual reaching, and strong impacts. Jobs that require frequent shoulder movement, such as lifting, pushing, pulling, or rotating, put workers at higher risk for shoulder injuries. These injuries commonly affect these employees and contractors:
- Construction workers
- Warehouse and distribution workers
- Healthcare workers (nurses, aides, EMTs)
- Electricians and plumbers
- Factory and assembly line workers
- Painters and drywall installers
- Landscapers and groundskeepers
- Roofers
- Delivery drivers
- Professional athletes and fitness workers
- Firefighters and Law Enforcement
Common Types of Shoulder Injuries Covered Under Pennsylvania Workers’ Compensation
Shoulder injuries are common in physically demanding occupations and can range from mild strains to severe tears that require surgery or long-term treatment. Identifying the specific shoulder injury is crucial, as it helps determine the appropriate settlement amount and ensures you receive proper legal guidance. Additionally, how the injury affects your ability to work and perform daily activities plays a significant role in your eligibility for workers’ compensation benefits.
A work-related shoulder injury can result in sharp pain that suddenly disrupts your daily activities and may lead to immediate concerns about financial compensation. Understanding the types of shoulder injuries commonly covered under Pennsylvania workers’ compensation laws can help you navigate the claims process and ensure you receive the full benefits you deserve.
Below are some of the most common shoulder injuries that may require legal action.
Rotator Cuff Injury and Tears
The rotator cuff is a group of muscles and tendons that stabilize the shoulder joint, allowing for a wide range of arm movement. Rotator cuff injuries and tears are among the most common work-related shoulder injuries, especially in jobs that require repetitive overhead motions, heavy lifting, or frequent reaching.
Common types of rotator cuff injuries include tendonitis, impingement, and tears, with torn rotator cuffs considered more severe injuries. Over time, repetitive strain or sudden trauma can lead to inflammation, partial tears, or complete tendon ruptures.[7]
If left untreated, rotator cuff damage can severely impact mobility and job performance. Medical treatments for these injuries may include physical therapy, injections, or rotator cuff surgery, and the extent of these treatments can significantly affect rotator cuff injury settlements.
Shoulder Dislocations
Shoulder dislocation injuries occur when the upper arm bone pops out of the shoulder socket, often due to a sudden impact, fall, or forceful twisting motion. This type of injury can also cause tears in the surrounding ligaments, tendons, or cartilage. A dislocated shoulder can weaken the joint and increase the risk of future injuries. Seeking medical treatment and proper rehabilitation are essential.[8]
Shoulder Fractures
Shoulder fracture injuries involve a break in one of the bones that make up the shoulder joint – typically the collarbone (clavicle), shoulder blade (scapula), or the top of the upper arm bone (humerus).
These fractures often result from direct trauma, such as falls from height, being struck by heavy objects, or severe impact during accidents. Shoulder fractures are less common than strains or rotator cuff injuries but can be serious, often requiring immobilization, physical therapy, or even surgery.[9] Workers exposed to slip-and-fall hazards or falling materials may be at great risk of a fracture.
Bursitis and Tendinitis
Shoulder bursitis and tendinitis are common overuse injuries that cause inflammation in the shoulder joint. Bursitis involves swelling of the bursa – a small fluid-filled sac that cushions the joint. Tendinitis affects the tendons that connect muscle to bone, often in the rotator cuff. Both conditions typically result from repetitive shoulder movements, heavy lifting, or working in awkward positions over time.[10]
Without proper rest or ergonomic support, bursitis and tendinitis can lead to chronic pain and limited mobility.
Labrum Tears
Shoulder labrum tears involve damage to the cartilage rim (labrum) that helps stabilize the ball-and-socket joint of the shoulder. These injuries often result from repetitive overhead motions, heavy lifting, or sudden trauma like a fall or shoulder dislocation.[11] Workers may experience pain, clicking sounds, weakness, or instability in the shoulder. Because these injuries can limit arm strength and range of motion, they often require physical therapy or surgical repair for full recovery.
Defining “Disability” for Workplace Injuries
If your workplace accident has caused a disability, you may be eligible for lost wage payments. The Pennsylvania Workers’ Compensation Act defines “disability” when it comes to workplace injuries. Under the law, a disability does not mean you can never work again. Instead, it means that you have suffered an injury on the job that has caused you to miss time from work.[12]
In some cases, a workplace injury may result in a permanent disability or permanent impairment, where the injury prevents you from returning to your previous job or duties.
- If your injury causes you to miss work completely, you may receive your full wage loss benefits.
- If your work injury causes you to make less money than before, you may receive partial wage loss benefits.
Even if you do not lose time from your job, you may be entitled to coverage for medical treatment of your shoulder injury.
Protect Your Rights & Collect Your Benefits:
Steps After a Shoulder Injury at Work
There are several steps injured workers can take after a shoulder injury that may help protect their rights and maximize the possibility of collecting full benefits.
- Report Your Injury Immediately – Tell your supervisor or employer as soon as possible. For full benefits, report the injury within 21 days. Legally, you must report it within 120 days, or risk losing your right to compensation.[13]
- Get Medical Attention – Seek medical attention promptly. Use a doctor from your employer’s “Panel List” (the list of medical providers used for workers’ comp) for the first 90 days. Be sure to tell your doctor it’s a work-related injury so it’s properly documented. If a list was not posted, you can choose your own provider.
- Document Everything – Keep a written record of how the injury happened, all medical visits, missed workdays and lost wages, and conversations with your employer or insurance adjuster.
- File a Workers’ Compensation Claim – Your employer should notify their insurance carrier immediately, and you should receive a Notice of Compensation Payable (NCP) or a Denial within 21 days.[14]
- Contact a Workers’ Compensation Lawyer who Understands Shoulder Injuries – Keep in mind that your employer cannot retaliate. That means they cannot fire you, demote you, or harass you in any way for filing a claim. You’ll also benefit from an attorney consultation if your claim is denied, you’re offered a low settlement, or when your injury is very serious and requires surgery.
- Follow Your Doctor’s Instructions – be sure to attend all appointments and actually follow the treatment plan. If you do return to work, make sure you do so within the restrictions implemented by your doctor. And be sure to let your doctor and attorney know anything that changes with your condition.
- Track Your Payments and Claim Status – If your claim is approved, you should begin receiving wage-loss benefits within 21 days. Just make sure your checks are accurate.
If your shoulder injury was caused by a third party, it is important to file a personal injury claim within the required timeframe to preserve your right to seek compensation.
LEARN MORE: Pennsylvania Workers’ Compensation Rights – How to File & Get Benefits
We’ll Help You Face These Challenges When Filing Your Shoulder Injury Claim
Shoulder injury at work claims under Pennsylvania workers’ compensation can face several potential challenges that may delay or reduce benefits. The common issue our PA clients face is a claim denial, often based on insufficient medical documentation or delays in reporting the injury. Multiple factors and several factors can influence the outcome and timeline of a shoulder injury claim, including the quality of medical documentation, promptness in reporting, and the negotiation process.
Employers or insurers may also dispute the severity of the injury, especially if surgery or long-term treatment is involved. Another frequent hurdle is when the worker has a pre-existing shoulder condition, which can be used to argue that the current injury isn’t work-related.
Call on the experienced team of workers’ compensation lawyers at Kitay Law Offices. We’ll help you overcome these challenges with strong legal guidance, relevant medical evidence, and timely reporting.
Don’t Miss The Deadline: Pennsylvania Statute of Limitations
In Pennsylvania, the deadline – known as the statute of limitations – to file a shoulder injury workers’ compensation claim is generally three years from the date of the injury or from the date you knew or should have known that your injury was work-related.
Missing this deadline may result in you forfeiting your right to receive workman’s comp benefits in PA.
A Pennsylvania shoulder injury attorney at Kitay Law Offices can help ensure workers meet all necessary deadlines and preserve their right to compensation.
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Understanding Workers’ Compensation Shoulder Injury Settlements
Workers’ compensation settlements for shoulder injuries can vary widely, and understanding what influences your settlement amount is key to receiving the compensation you need. Several factors come into play, including the type and severity of your shoulder injury, such as a rotator cuff tear or torn rotator cuff, the medical expenses you’ve incurred, and whether your injury requires surgery or ongoing treatment.
Permanent disability or a significant loss of future earning capacity can also increase the value of your workers’ comp settlement. For example, a shoulder injury that results in permanent impairment or requires rotator cuff surgery will likely lead to higher medical costs and a larger settlement amount. Lost wages, future medical expenses, and the impact on your ability to return to work are all considered when calculating the average workers’ comp settlement.
Our experienced attorneys will evaluate all aspects of your case, including your medical records, the extent of your injury, and your future needs. We’ll work to ensure you receive a fair settlement that covers your medical costs, lost wages, and any ongoing care you may require. With our guidance, you can navigate the complexities of workers’ compensation and secure the financial support you need to move forward. And in the meantime, you can learn more about the workers’ compensation settlement process from our blog article.
Common Mistakes to Avoid in Your Workers’ Comp Shoulder Injury Claim
When pursuing a workers’ comp shoulder injury claim, avoiding common mistakes can make a significant difference in the outcome of your case. One of the most frequent errors is failing to report your shoulder injury to your employer right away, which can lead to delays or even a denial of benefits. Another mistake is not seeking immediate medical treatment – prompt care not only helps your recovery but also creates a clear link between your injury and your work.
It’s also important to keep thorough records of all medical treatment, including doctor visits, physical therapy, and any shoulder surgery you may undergo. Failing to document lost wages and other expenses can make it difficult to determine the average workers’ comp settlement you’re entitled to. Additionally, accepting a quick settlement offer from the insurance company without consulting an experienced attorney can result in less compensation than you deserve.
Our team is here to help you avoid these pitfalls and ensure your claim is handled correctly from the start. By working with us, you can focus on your recovery while we pursue a fair settlement that covers your medical expenses, lost wages, and any future care related to your shoulder injury or rotator cuff injuries.
The Importance of Medical Documentation for Your Shoulder Injury Case
Accurate and comprehensive medical documentation is the foundation of a successful workers’ comp shoulder injury claim. Detailed records of your medical treatment – including diagnoses, treatment plans, physical therapy, and any surgeries – are essential for proving the severity of your injury and the impact it has on your ability to work.
Our attorneys will work closely with your healthcare providers to obtain all necessary documentation, ensuring that every aspect of your shoulder injury is thoroughly documented. This includes records of medical expenses, lost wages due to time off work, and any recommendations for future medical expenses or ongoing physical therapy.
By emphasizing the importance of medical documentation, we help build a strong case that supports your claim for a fair settlement. Proper records not only demonstrate the need for compensation but also protect your rights if your claim is challenged by the insurance company. With our guidance, you can be confident that your workers’ comp case is backed by the evidence needed to secure the benefits you deserve.
Pursuing a Shoulder Injury Settlement without Surgery
When your shoulder does not require surgery, you may still require the relief that comes with a fair workers’ comp settlement to cover expenses like lost wages, physical therapy, and other ongoing treatments, future lost earnings, and more. Non-surgical shoulder injuries may affect your ability to perform your job duties and your quality of life.
Shoulder injuries that may not require surgery may include:
- Shoulder Strains and Sprains
- Rotator Cuff Tendinitis
- Shoulder Bursitis
- Impingement Syndrome (when shoulder tendons are pinched during arm movement)
- Minor Labrum Irritation
- Partial Tears
- Adhesive Capsulitis (commonly called “Frozen Shoulder”).
Our dedicated team of workers’ comp shoulder injury attorneys will help pursue your settlement, even when surgery is not required.
Shoulder Injury Settlement with Surgery
Some shoulder injuries on the job will require surgery to repair physical damage, alleviate pain, and restore mobility. When surgery becomes a necessity, our team of skilled attorneys will fight for your compensation to cover all relevant expenses. We are on your side to pursue:
- Arthroscopic Shoulder Surgery Settlements for Workers’ Compensation
- Labrum Tear Shoulder Workers’ Comp Settlements
- Shoulder Replacement Lawsuits
- Workers’ Comp Settlement for Frozen Shoulder
Call on us 24/7 to learn more about these settlements and more. We offer a free case evaluation and are here to help get your case resolved quickly and efficiently.
Some Shoulder Injuries Are Not Eligible for Coverage
Generally, the following shoulder injuries are not eligible for coverage under Pennsylvania’s Workers’ Compensation Act:
- Self-inflicted injuries that are intentional, including suicide
- Injuries caused by your illegal drug use or intoxication
- Physical attacks by a co-worker or a non-co-worker for a personal reason not related to your job, whether the injury occurs at the workplace or not
- Your injuries are a result of you breaking the law
- Injuries from accidents that occur while traveling to or from the job site, or during breaks. There can be exceptions to this.
Our team of experienced Pennsylvania workers’ comp shoulder injury lawyers is here to help you navigate these difficult circumstances. We’ll fight for your justice and fair compensation.
Frequently Asked Questions about Shoulder Injury Workers’ Compensation Claims
Even though several sources may claim to know the potential value of your case, settlement value calculators are not realistic or accurate. There is simply no single tool or program that can tell you the exact value of your case. Only a licensed workers’ comp attorney can review the facts of your specific case and estimate your case value.
Learn more: How Much Is My Case Worth?
In Pennsylvania, you must report your shoulder injury to your employer within 120 days of the injury or the date you became aware it was work-related. If your employer or their insurance company denies your claim, you must file a formal Claim Petition with the Pennsylvania Bureau of Workers’ Compensation within three years of the date of injury.[15]
