A torn labrum can be debilitating. The shoulder pain, instability, and loss of function can significantly impact your ability to work and perform everyday activities. If your injury occurred on the job in New Jersey, you deserve full workers’ compensation benefits to cover your medical expenses, lost wages, and any potential long-term impairment.
Navigating Complex Shoulder Injury Claims
Labrum tears often require extensive treatment, including surgery and physical therapy. Insurance companies may downplay the severity of your injury, challenge the cause, or try to offer a lowball settlement that doesn’t cover your full losses.
Kaplan & Kaplan: Your Advocate for Maximum Compensation
With over 50 years of experience fighting for injured workers in New Jersey, Kaplan & Kaplan understands the unique challenges of labrum tear claims. We’ll work with medical experts to ensure your injury is properly documented and advocate for the full range of benefits you’re entitled to.
How We Maximize Your Labrum Tear Settlement
- Expert Medical Evidence: We’ll work with top orthopedic specialists to gather comprehensive medical records, MRI reports, and expert opinions to solidify your claim.
- Calculating Your Damages: We’ll thoroughly assess all your losses, including current and future medical expenses, lost wages, and the impact on your earning capacity.
- Negotiating with Insurance Companies: We’re skilled negotiators who know how to push back against low settlement offers and fight for the maximum compensation you deserve.
- Appealing Denials: If your claim is denied or undervalued, we’ll guide you through the appeals process and advocate tirelessly for your rights.
Don’t Let a Labrum Tear Derail Your Life
Your shoulder injury deserves to be taken seriously. Contact Kaplan & Kaplan today for a free consultation. We’ll evaluate your case, explain your rights, and fight for the compensation you need to heal and rebuild your life.
Key Takeaways
- Labrum tear shoulder injuries, such as SLAP and Bankart tears, qualify for workers’ comp when documented and reported promptly, and they often require extensive medical treatment and time off work, impacting the financial stability of the injured worker.
- Workers’ comp settlements for labrum tear injuries, averaging around $448,750, vary widely and are influenced by the severity of the injury, required surgeries, lost wages, earning capacity, and permanent disability, with high-value cases reaching upwards of $650,000.
- Legal representation is crucial in navigating workers’ comp claims and negotiating settlements, taking into account the complexity of cases, insurance company tactics, and potential challenges such as disputes over injury severity and pre-existing conditions.
Understanding Labrum Tear Shoulder Injuries and Workers Comp Eligibility
Shoulder injuries in the workplace are not a rarity, but when it comes to labrum tears, understanding the nuances is critical for a successful workers comp claim. This type of injury not only causes shoulder pain but can also lead to a complex legal journey if not navigated correctly.
Let’s dissect what these injuries entail and how they can qualify you for workers compensation.
Defining a Labrum Tear
A labrum tear, also known as labral tears, is a significant injury that occurs at the juncture of the shoulder joint, where the cartilage ring lends stability to the shoulder socket. This injury can happen in several forms, such as SLAP tears or a Bankart tear, each varying by severity and location within the superior labrum. Imagine the shoulder socket as a golf tee and the upper arm bone as the golf ball; the labrum is the suction that keeps the ball in place.
When torn, this suction weakens, leading to instability, pain, and a diminished range of motion.
Work-Related Causes of Labrum Tears
The causes of work-related labrum tears are as varied as the jobs we perform. They can stem from:
- a fall in a parking lot
- the repetitive overhead motions of a stock clerk
- a single traumatic event
- the cumulative strain of daily tasks
Those engaged in physically demanding jobs are particularly at risk, as the frequent use of arms and hands heightens the chances of a rotator cuff injury or rotator cuff tears.
Recovery and return to work are equally complex, often requiring accommodations or a change of role to avoid exacerbating the injury.
Qualifying for Workers Compensation
Qualifying for workers comp is a matter of timing, documentation, and the nature of the injury. The incident must occur during work hours, lead to several days off work, and be reported within a specific timeframe to be eligible for workers compensation. Delays can lead to disputes over the injury’s work-relatedness, and immediate medical care is vital to support the claim.
It’s a precarious balance, as delayed reporting or medical treatment can cast doubt on the injury’s link to work activities, affecting the outcome of your workers compensation claim.
The Financial Impact of a Labrum Tear: Compensation Factors
The financial toll of a labrum tear includes:
- Initial medical bills
- Ongoing medical care
- Lost wages
- The daunting prospect of permanent disability
These factors collectively influence the compensation one might receive and are crucial considerations in any workers comp settlement.
Calculating Medical Expenses
The cost of treating a labrum tear can quickly escalate, especially when surgery is on the table. From the initial doctor’s visit to diagnostic tests, surgeries, and rehabilitation, the medical expenses are a key component of the workers comp settlement. Arthroscopic surgery, often necessary when physical therapy fails, can exceed $20,000, with ongoing physical therapy adding to the financial burden.
For those facing severe cases, such as needing shoulder replacement surgery, expenses can soar to $100,000 or more. A detailed future medical expenses report is crucial to anticipate additional costs and ensure they’re factored into the settlement.
Assessing Lost Wages and Earning Capacity
A shoulder injury’s impact on earnings can be substantial, especially if the injury impairs one’s ability to work. The loss of wages and potential earning capacity needs to be carefully assessed to ensure fair compensation. In Utah, for example, workers’ comp provides up to $800 per week for total disability, but this still might not fully cover the injured worker’s previous income.
When extended work absences are necessary for recovery, the financial hit can be significant, underscoring the need for a substantial workers’ compensation settlement.
Considering Permanent Disability
Permanent disability is perhaps the most impactful factor in a workers’ comp settlement. A severe shoulder injury, especially one requiring extensive surgery, can lead to a settlement reaching six figures. Such injuries can affect day-to-day functions and employment prospects, potentially leading to lifetime disability benefits.
The doctor’s permanent impairment rating, gauged after reaching maximum medical improvement, plays a pivotal role in determining the extent and duration of these benefits.
Typical Settlement Ranges for Shoulder Labrum Tears
Settlement figures for labrum tears can be as variable as the injuries themselves, but understanding the ballpark figures can give you a sense of what to expect. With an average of around $50,000, these settlements can vastly differ based on the specifics of each case.
Average Settlement Figures
The average settlement for SLAP injuries, a specific type of labrum tear, generally falls between $60,000 to $1,000,000, which is quite the range. This average, roughly around $448,750, serves as a benchmark, though the individual circumstances of your case will significantly influence the final figure.
High-Value Settlement Examples
When it comes to high-value settlements, the need for surgeries such as arthroscopic procedures or shoulder replacements can drive up the compensation amount. Cases involving severe injuries and extensive surgery have settled for amounts upwards of $650,000, showcasing the potential for significant settlements in more extreme cases.
Navigating Your Workers Comp Claim for a Labrum Tear
Filing and managing a workers comp claim for a labrum tear can be a labyrinthine process, but with the right approach and assistance, it can lead to a successful settlement. Let’s walk through the critical steps to ensure your claim is on solid ground.
Filing Your Claim Timely
Timeliness is key in the workers’ comp claim process. Delays in reporting your shoulder labrum tear to your employer could lead to disputes and even legal consequences. Each state has its own deadlines for reporting workplace injuries, and while these may extend up to three years, employer policies could impose much shorter ones.
It’s essential to file your claim within these timeframes, even if you’re not yet ready to undergo shoulder treatment.
Documenting Your Injury and Treatment
Documentation is the backbone of any workers’ comp claim. Due to the similarity of labrum tear symptoms to other conditions, securing an accurate diagnosis is crucial. All interactions with your employer’s HR department and healthcare providers should be recorded in writing, such as through email, to create a paper trail that supports your claim.
Additionally, ensure that all required treatments are authorized, particularly if your employer has designated specific doctors for work-related injuries. A knowledgeable legal representative can be invaluable in securing necessary medical evidence and guiding you through the claim process.
Seeking Legal Advice
Navigating the complex workers’ comp claim process often necessitates legal expertise. An experienced attorney can:
- Prevent insurance companies from denying valid claims
- Ensure that all aspects of the claim are appropriately documented
- Help distinguish between treatments for pre-existing conditions and those for the work-related injury, a critical distinction that can influence the settlement outcome.
Consulting a personal injury lawyer early on can help ascertain your eligibility for a comprehensive settlement that covers all incurred expenses.
Strategies for Negotiating Your Settlement
Negotiating a fair workers comp settlement is an art that combines knowledge of the insurance company’s strategies with the expertise of legal representation. Whether you’ve undergone shoulder surgery or are in the throes of recovery, these strategies can help you secure the compensation you deserve.
Understanding the Insurance Company’s Approach
Insurance companies are in the business of minimizing payouts. In the case of labrum tear injuries, they may engage in hardball negotiations to reduce the compensation paid out. Understanding their tactics and being prepared for alternative dispute resolution methods like mediation can be crucial for a favorable outcome.
The Role of Legal Representation in Settlement Talks
The presence of a personal injury lawyer can significantly shift the balance of power in settlement negotiations. Their ability to navigate the complexities of workers’ comp law often leads to increased compensation for the injured party. It’s not only about fair compensation for damages like:
- medical expenses
- lost wages
- pain and suffering
- any permanent disability
But also for pain and suffering, and any permanent disability.
If you’re offered a settlement by your employer or their insurance company, a lawyer versed in workers comp shoulder injuries can negotiate the best possible deal based on the specifics of your shoulder injury.
Preparing for Potential Challenges in Your Shoulder Injury Case
Even with a well-prepared case, you may face challenges along the way. Being aware of these potential issues can help you proactively address them and strengthen your workers’ comp claim.
Disputes Over Injury Severity
Disputing the severity of a shoulder injury is a common tactic used by insurers in shoulder injury cases, who may question the necessity of certain medical procedures or the extent of the benefits. Obtaining additional medical opinions and undergoing further diagnostic tests can provide the hard evidence needed to counteract such disputes.
If your ability to perform your previous job is compromised by the injury, temporary total disability benefits or a functional capacity evaluation could be in your future.
Dealing With Pre-Existing Conditions
Strategies to prove that a work-related incident exacerbated a pre-existing condition may include:
- Addressing psychosocial factors, such as fear of pain or job dissatisfaction
- Providing a broader context to the injury, beyond just the physical symptoms
- Helping secure compensation for the aggravation of the condition
Pre-existing conditions add a layer of complexity to workers’ comp claims, but by implementing these strategies, you can increase your chances of receiving the compensation you deserve.
Long-Term Considerations After a Shoulder Injury Settlement
Securing a settlement for a shoulder injury is just the beginning. It’s essential to consider the long-term impact on your health, employment, and financial well-being.
Let’s explore the key considerations for life post-settlement.
Managing Future Medical Care
After you’ve settled your workers’ comp claim, ongoing medical treatment remains a significant concern due to the costs involved. Physical therapy sessions, a common post-injury requirement, can impose a substantial financial burden.
For severe shoulder injuries that result in permanent total disability, workers may receive benefits that continue indefinitely, providing a portion of their weekly income.
Returning to Work Post-Settlement
The return to work after a settlement can be fraught with challenges, particularly if the injury prevents you from resuming your previous role. Job modifications or vocational rehabilitation may be necessary to accommodate your new physical capabilities. Assessing the suitability of a job offered post-injury, especially if it’s a light-duty role, is critical to ensure it respects your medical restrictions.
The Risk of Re-Injury
The specter of re-injury looms large for those who have suffered a labrum tear, particularly because the shoulder joint is complex and susceptible to further damage. When negotiating a labral tear shoulder settlement, it’s imperative to factor in provisions for the risk of re-injury, as this could influence future workers comp claims and potentially the settlement amount.
A comprehensive settlement should consider not only the immediate financial impact but also the long-term health and financial stability of the injured worker.
Summary
After navigating the intricacies of labrum tear shoulder injuries and workers comp settlements, it’s clear that knowledge is power. From understanding the nature of the injury to calculating potential compensation and negotiating a fair settlement, each step is crucial for achieving a resolution that safeguards your health and financial future. As you consider your options and prepare for what lies ahead, remember that legal expertise can make all the difference. Let this guide be your compass as you seek the compensation you rightly deserve.
Frequently Asked Questions
What is a labrum tear and how does it affect the shoulder?
A labrum tear is an injury to the shoulder’s stabilizing cartilage, causing pain, instability, and limited range of motion, which can impact daily activities.
Can repetitive work motions cause a labrum tear?
Yes, repetitive overhead activities at work, especially those involving frequent use of the arms and hands, can lead to labrum tears.
What factors influence the settlement amount for a shoulder injury?
The settlement amount for a shoulder injury is influenced by factors such as medical expenses, lost wages, injury severity, permanent disability, and the need for surgery. These elements play a significant role in determining the settlement amount.
Is it necessary to hire a lawyer for a workers comp claim for a shoulder injury?
Yes, it can be beneficial to hire a lawyer for a workers comp claim, as they can help navigate the process and negotiate fair compensation.
What should I do if I’m at risk of re-injuring my shoulder after a settlement?
To minimize the risk of re-injury after a settlement, negotiate provisions for potential re-injury and consider preventive strategies and job modifications to protect your shoulder. Take these steps to safeguard your health and well-being.
