A serious shoulder injury can spell disaster for your career. Severe restrictions in movement can limit what you can lift, and chronic pain can keep you sidelined for months after your injury. This can lead to months of lost income, as well as medical bills that pile up quickly.
You are entitled to a settlement that matches the severity of your shoulder injury and that will compensate you for the income you lose from being unable to work. At Davis and Sanchez, we have years of experience fighting for our clients. We can get you the rotator cuff workers compensation settlement you deserve so that you can focus on your recovery.
Most shoulder injuries are pretty easy to spot right away. A torn rotator cuff or labrum presents with excruciating pain whenever you rotate your arm or try to lift anything above your head. If you have any of these symptoms, it is important that you go to a doctor as soon as possible. The tear could become worse if left unattended. You may think you’re saving money by not going to the doctor, but you’re just adding more medical bills down the road by making your injury worse.
Your primary care doctor will refer you to a surgeon to examine your shoulder. Upon visiting the surgeon, they will order an MRI, if one has not already been done. This will show the extent of the damage done to the soft tissue in your shoulder and help them determine if surgery is required. The surgeon will also perform a physical exam to assess the level of pain and movement restriction caused by the shoulder injury.
If the surgeon feels that your shoulder injury injury is fairly minor, they may try to first treat it with cortisone injections. This will help with the swelling and pain, but in many cases surgery will also be required.
The surgery is performed arthroscopically, which means, in most cases, that you will be able to return home the same day as the surgery.
Although the surgery is quick, the recovery process is still quite long. Expect to take around 6 months to fully recover from shoulder surgery. If you work in an office, you may return to work in a little over a month. If heavy lifting is involved in your job, you may not be able to work until you are fully recovered.
Throughout your recovery, your surgeon will recommend that you go to physical therapy a few times a week. This will help you regain mobility and strength in your shoulder.
As you recover, you receive Total Temporary Disability Benefits or wage replacement benefits. According to Idaho state law, these are calculated to be ⅔ of your weekly salary, with the maximum compensation being 90% of the average state weekly wage. You pay no tax on any of these benefits.
Your choice of surgeon has an impact that will be felt outside of the operating room. You’ll want to pick a surgeon who will provide testimony on what caused your injury. You’ll also want one who will give you reasonable lifting restrictions, so that you can heal without being rushed back to work. They will also have to rate the level of impairment cause by your injury.
Your doctor should always work in your best interest and help support your claim by putting reasonable limits on when you can return to work. Our attorneys work with your doctor to make sure that they are putting your interests first.
If your surgeon is unwilling to provide testimony, you will be forced to hire an expert witness to provide testimony in your case. And this could cost you a lot of money, money that may be hard to come up with at a time when medical bills can be pilling up.
We understand the financial difficulties that can come after a rotator cuff injury. If we take your case, we can advance the money from your settlement to help pay for expert witness expenses.
It can be tempting to represent yourself in a workmans comp rotator cuff settlement. But this will only add more stress to an already difficult time in your life, and in the long run will likely lose you money.
You need an experienced Idaho workers compensation lawyer who will fight for you. At Davis and Sanchez, we have years of experience handling shoulder injury claims and winning our clients the maximum compensation they are entitled to. No matter the severity of your injury, we can guide you through your claim. Contact us today for a free consultation.
*The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.
Davis & Sanchez
This law firm is owned by nonlawyers. Some of the people who own and manage this entity are not lawyers. This means that some services or protections (like attorney-client privilege), may or may not be different from those you could get from a traditional law firm. If you have questions, please contact us at 801.935.2012.