Shoulder Injuries
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Workers’ Compensation for Shoulder Injuries in Florida

If You Need Serious Medical Care, You Are Not Alone

Whether they occur through repetitive stress or a workplace accident, shoulder injuries can have a devastating impact on your health, your career, and your finances. Florida workers who suffered injuries while on the job are entitled to workers’ compensation benefits and, in some cases, additional damages through a personal injury claim.

For more information about seeking compensation, call Rosenberg & Rosenberg today. We provide free consultations to injured workers and would be glad to put a team of Florida workers’ compensation lawyers, including one of our founding partners, on your case so you can focus on your recovery.

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    How Do Shoulder Injuries Happen to Florida Workers?

    Your risk of developing a shoulder injury while on the job depends on what industry you are in and what protections your employer provides you with. Our personal injury lawyers can help you seek workers’ compensation for shoulder injuries in Florida if you:

    • Fell while at work. Falls can occur on the same level, as when a worker slips in a puddle of water, or from a height, as when a worker is at the top of a scaffold when it collapses. 
    • Experienced blunt force trauma. Having a heavy item fall onto your shoulder or being involved in a motor vehicle accident are both examples of events that can do serious damage to your shoulder.
    • Suffered from repetitive stress. This is more common among workers who perform the same actions or movements repeatedly throughout the day. For instance, lifting objects in the same way or utilizing the same tool for hours at a time can wear out your shoulder.
    What Kinds of Shoulder Injuries Occur on the Job?

    As long as you can prove that your injury happened while you were performing your regular, expected job duties, you can file a workers’ comp claim. Injuries like the following could be grounds for such a claim:

    • Bursitis
    • Muscle strains or sprains
    • Cuts or lacerations
    • Bone fractures
    • Dislocated shoulder
    • Joint pain
    • Tendon issues, including a torn rotator cuff

    Even if you have a preexisting condition, you can still qualify for workers’ compensation. For instance, a worker with manageable bursitis symptoms can file a claim for an intense flare-up that only occurred because of the conditions at their job.

    Symptoms of Work-Related Shoulder Injuries

    Different shoulder injuries present with different symptoms. As an example, the Cleveland Clinic states that a torn rotator cuff may result in pain, weakness, and cracking sounds—but the extent of these symptoms may also depend on how severe the injury is and your own ability to tolerate pain.

    As soon as you begin experiencing any unusual shoulder symptoms, talk to your employer. Not only can getting prompt treatment prevent symptoms from worsening, it can also strengthen your claim by putting your symptoms on the record as early as possible.

    How Do You File a Workers’ Compensation Claim for Your Shoulder Injury?

    Your first step should always be to report the injury to your employer. This is a legal requirement, but it also allows you to get medical care right away and creates a clear paper trail establishing a connection between your job and your injury.

    Once you report the injury, your employer is supposed to tell their workers’ compensation insurance company about what happened. If they do not, you can make the report yourself or have our workers’ compensation attorneys do it for you.

    How Do Insurance Companies Respond to Benefits Claims?

    Depending on how clear the specifics of your case are and the insurer’s own willingness to cooperate, you may receive:

    • Complete and total approval of your claim, meaning that you are granted all of the money you need
    • Partial approval of your claim, meaning that you will get some compensation but not as much as you feel you deserve
    • An initial approval followed by a demand that you return to work much earlier than you believe is safe
    • A total denial, meaning that the insurer does not think you have a valid claim and refuses to provide you with any benefits
    What if the Insurance Company Denies Your Workers’ Comp Claim?

    A denial is frustrating, but it does not mean you will never get any benefits. Our legal team can guide you through the workers’ compensation appeals process, which may involve:

    • Trying to resolve the dispute by working one-on-one with the insurer’s representative
    • Filing a petition within the deadline
    • Finding and presenting additional evidence to the insurance company that strengthens your claim for benefits while weakening their reasons for denying those benefits

    Call now to find out how Rosenberg & Rosenberg can make the workers’ compensation process easier for you to deal with.

    How Much Compensation Will You Get for a Shoulder Injury at Work?

    Workers’ Compensation for Shoulder Injuries in FloridaYou are entitled to enough workers’ compensation benefits to cover:

    • All of your injury-related medical care, which will be provided by a doctor chosen by either the insurance company or your employer
    • Temporary disability payments worth up to two-thirds of your normal weekly wage
    • Permanent disability payments based on how much your injury affects your mobility and career
    • Reemployment services, which, as Florida’s Chief Financial Officer (CFO) explains, covers the training and counseling necessary to help you start a new job if your injuries prevent you from returning to your old one

    There is no set or average amount that all workers with a shoulder injury will get. Your benefits depend entirely on your circumstances. This is why it is so important to document your accident and injury as thoroughly as possible.

    Proving You Are Entitled To Workers’ Compensation Benefits in Florida

    You need to prove that your job duties caused your injury, and that your injury caused the losses for which you are now seeking benefits. Our workers’ compensation law firm can use various forms of evidence to build these connections, including:

    • Your medical records and statements from your doctor(s) about what is wrong with your shoulder and what treatments are needed to address it
    • Statements from people familiar with the conditions you work under or the specific event that led to your shoulder injury
    • Your employment records, to prove that you were an employee at the time of the accident and are eligible for workers’ compensation
    • Any official reports generated by your employer or local authorities
    • Any photos or video footage of relevant subjects, such as the accident itself or the hazard that eventually contributed to your shoulder injury
    • Descriptions from you and your loved ones about the painful symptoms you have experienced and their effect on your life

    The more proof you can bring to bear on your claim, the harder it may be for the insurance company to reject it.

    How Do You Get Compensation if Your Florida Employer Has No Insurance

    Under state law, most employers are obligated to provide workers’ compensation insurance to their workers. However, there are a few exceptions to this requirement, and there are some employers who choose not to purchase insurance even if the law says they must.

    Fortunately, injured workers have another way to get the money they need to help them cope with a workplace accident.

    Filing a Personal Injury Claim After a Work Injury

    Our legal team can file a personal injury claim or lawsuit against an uninsured employer or a third party (e.g., a contractor or property owner) whose negligence helped cause your shoulder injury. This may involve negotiating a pretrial settlement or taking your case to trial.

    One of the benefits of a personal injury claim is that it allows you to seek money for a wider range of damages than a workers’ compensation claim does. You could potentially recover:

    • Any lost wages or benefits not covered by workers’ comp
    • Physical pain and suffering caused by the shoulder injury
    • Emotional distress and anguish related to physical pain or the trauma of the accident itself
    • Reduced quality of life, if your painful shoulder makes it harder to play with your kids, take care of yourself, or complete household chores
    • The loss of any personal property (e.g., if your cell phone was damaged in the same accident)
    Can You Still Get Workers’ Compensation in Florida if You File a Lawsuit?

    If you decide to sue a third party for their negligence, then yes, you can do that while filing a workers’ comp claim at the same time.

    However, you are not allowed to sue your employer if you have the option of filing a workers’ compensation claim. If your employer bought workers’ comp insurance, then they are immune from any other legal action, and filing a claim for benefits is your only chance of recovering compensation from them.

    Get Help With Your Shoulder Injury Workers’ Compensation Case

    Seeking workers’ compensation for shoulder injuries in Florida is your right, but that does not mean the insurance company will make it easy. Call Rosenberg & Rosenberg for a free case review now to find out how our workers’ compensation attorneys can help you build your case and fight for the money you are depending on. Our firm has spent over 50 years advocating for people just like you.