If you have a job-related rotator cuff injury, only your workers’ compensation doctor can decide if you can work. If you cannot do your job, you may qualify for disability benefits in addition to coverage for your medical treatment. A workers’ compensation lawyer with our firm can assist you with a claim.
Only Your Doctor Can Decide if You Can Work With a Rotator Cuff Injury
If you have an occupational rotator cuff injury, only a doctor authorized by your employer’s workers’ compensation insurance plan can decide if you can work.
An approved physician can examine you, provide treatment, and determine your work status. The doctor may take you out of work entirely, allow you to work with light-duty restrictions, or decide your injury does not interfere with your ability to do your job.
Your Rights as an Injured Worker
Workers’ compensation should pay for your healthcare. You can also seek disability benefits if you cannot work or if your light-duty position pays substantially less than your regular wage, but you must understand your rights.
According to the Florida Department of Financial Services:
- Your employer cannot force you to return to your job without authorization from your physician. Your doctor is the only person who can decide when you can work.
- You can request a second opinion if you disagree with your workers’ compensation doctor. As a last option, you can ask for an independent medical examination (IME), but you must pay the examiner out of your own pocket.
- Your employer is not required to offer you light-duty work if none is available. Your employer must notify the insurance company if they cannot place you on light duty. If light duty worsens your injury, you should not leave without reporting the issue. Instead, contact the insurance adjuster and make an appointment with your doctor to re-evaluate your work status.
- Your employer cannot fire you in retaliation for seeking workers’ comp, but they are also not required to hold your position open until you can return.
Some Workers Are More at Risk of Developing Rotator Cuff Injuries
The rotator cuff is the group of muscles and tendons surrounding the shoulder that help to lift the arms and move them away from the body. Injuries to the rotator cuff involve tears in the tendons. Tears can be partial (the tendon detaches from the bone) or complete (there is a hole or rip in the tendon and it separates entirely from the bone).
According to the Cleveland Clinic, more than two million Americans suffer a rotator cuff injury annually. Those most at risk include workers who perform repetitive shoulder movements as part of their occupation. Exposure to heavy vibration, such as when using power tools, can also injure the rotator cuff.
Rotator Cuff Injury Symptoms
Symptoms of rotator cuff injuries include:
- Pain, weakness, or difficulty when lifting the arms
- Pain that worsens at night or when resting
- Clicking, crackling, and popping sensations when moving the arms into certain positions
Treatment Options
Without treatment and rest, rotator cuff injuries may worsen and can lead to chronic shoulder pain, complete tears, and the inability to move the arm. Treatment options include:
- Rest and immobilization
- Anti-inflammatory medications
- Physical therapy
- Steroid injections
- Surgery
Workers’ Compensation Benefits for Rotator Cuff Injuries
Workers’ compensation pays for medical treatment for job-related injuries, including doctor visits, hospital stays, prescription medications, physical therapy, and surgeries. You must seek treatment for your rotator cuff injury from a doctor or specialist authorized by your employer’s insurance plan.
If the doctor determines you cannot work or puts you on light duty, you can recover disability benefits. However, the condition must prevent you from working for more than seven days before you can receive wage benefits.
How much of your wages you can recover and for how long will depend on the physician’s assessment of your condition. According to Florida Statutes § 440.15, compensation may include:
- Temporary Total Disability (TTD) – If your doctor says you cannot work at all because of your rotator cuff injury, you can receive up to 66 2/3 percent of your average weekly wage, subject to annually adjusted statewide caps. TTD can last for up to 104 weeks.
- Temporary Partial Disability (TPD) – If the doctor releases you to light duty work, you can receive compensation if your light-duty wage is less than 80 percent of your normal wages. TPD can also last up to 104 weeks.
- Permanent Total Disability (PTD) – PTD is for individuals with severe injuries that leave them permanently unable to maintain any type of employment, even after a doctor has judged they have reached maximum medical improvement (MMI). These benefits equal up to 66 2/3 percent of your pre-injury weekly wage (subject to caps) and can continue until age 75.
- Permanent Impairment Benefits – If the doctor determines you have reached MMI and does not expect your rotator cuff injury to improve significantly, you may be eligible for permanent impairment income benefits (IIB). How much compensation you can receive will depend on your assigned impairment rating.
Should You Hire a Workers’ Compensation Attorney?
Our law firm can protect your rights and fight to recover compensation for your work injury. We handle both workers’ compensation and personal injury cases. Our legal team can prove your rotator cuff injury resulted from a workplace accident or occupational repetitive strain and manage every detail of your claim.
Legal assistance can be especially beneficial if your doctor believes you can work or directs you back to work before you feel you are ready. We can seek secondary medical opinions and appeal denied workers’ compensation claims or the discontinuation or reduction of your benefits. Certain legal deadlines can apply to your claim, so do not delay getting legal help.
Contact Rosenberg & Rosenberg About Your Rotator Cuff Injury
Rosenberg & Rosenberg has recovered millions of dollars for injured people in Florida. If you have a job-related rotator cuff injury and cannot work, we can help you seek coverage for your medical treatment and disability benefits.
Contact us online or call today for a free consultation. We work on contingency, so you pay nothing up front or out of pocket.
