Workers’ compensation insurance provides medical benefits and wages to workers who sustain work-related injuries, including those who suffer shoulder injuries. Kentucky reported 38,000 nonfatal workplace injuries and illnesses among private industry employers in 2019. When you suffer a workplace injury, workers’ compensation insurance can help you cover the costs of your injury. A workers’ compensation settlement can compensate you for your medical bills and lost wages.
The team at Gladstein Law Firm, PLLC, knows the losses from a shoulder injury can add up quickly, especially if you need surgery or extensive rehabilitation. We can walk you through the workers’ compensation claims process in Kentucky and help you determine what losses qualify under your claim. If you suffered a shoulder injury at work, reach out to a workers’ compensation lawyer at Gladstein Law Firm to review your case.
When Can I File a Workers’ Compensation Claim for a Shoulder Injury?
When you suffer a workplace injury, you typically cannot file a lawsuit against your employer to seek compensation for your losses. Instead, you can file a workers’ compensation claim to receive benefits for your medical expenses and some of your wages. Unlike personal injury claims, workers’ compensation claims do not depend on proving the employer was at fault for an employee’s injury.
The Kentucky Department of Workers’ Claims (DWC) oversees workers’ compensation claims in the state. If you were injured on the job, there are a couple of steps you should take. First, you must report the injury to your employer. You should report the injury to your employer as soon as it happens. Otherwise, your employer may claim that the injury occurred outside of your work hours.
Once you notify your employer of your injury, you should contact an attorney about your workmans’ comp shoulder injury settlement. The filing process for workers’ compensation claims is often complicated and confusing. An experienced workers’ compensation attorney can walk you through the process and help you file your claim.
Common Shoulder Injuries in Workers’ Comp Claims
Shoulder injuries in workers’ compensation claims can vary from minor injuries to life-altering ones. Common shoulder injuries suffered while working include:
- Bone fractures,
- Muscle strains or tears,
- Torn rotator cuffs, and
- Deep tissue bruises.
Shoulder injuries can be caused by many different types of incidents. Work-related incidents that can cause shoulder injuries include:
- Lifting heavy objects,
- Falling from an elevated surface,
- An object falling on your shoulder,
- Grabbing a surface to keep yourself from falling, or
- Grasping for an object that is out of your reach.
Many people do not realize how important shoulders are to everyday activities until they suffer a shoulder injury. You should seek medical treatment so a physician can diagnose your injury and determine what treatment you need.
Workers’ Comp Settlement Amounts for Shoulder Injury
Everyone’s job is different, and every shoulder injury claim is different. Your settlement amount will depend on the treatment you need. Therefore, there is no average workers’ comp settlement for shoulder surgery or typical settlement for a rotator cuff injury at work.
Many different factors affect a workers’ comp settlement for a torn rotator cuff or other type of shoulder injury, such as the extent of your injuries and the financial losses you suffered due to the injury. Losses you suffer after a shoulder injury might include:
- Medical bills,
- Prescription costs and travel expenses,
- Lost wages, and
- Return-to-work services.
Factors that will affect your workers’ compensation benefits include your age, education level, average weekly wage, ability to return to work, and the level of impairment caused by your injury. While attorneys cannot determine the ultimate value of your workers’ compensation shoulder injury settlement, they can review the details of your case and help you determine a fair value for your losses. If you suffered a shoulder injury at work, reach out to a workers’ compensation attorney at Gladstein Law Firm for help with calculating your losses.
Levels of Disability in a Workers’ Compensation Settlement
The amount of compensation paid to injured or ill workers depends on the level of disability the worker suffers.
A permanent disability occurs when the injured party is not expected to fully recover from their shoulder injury.
Permanent total disability (PTD) means the workplace shoulder injury is so permanent and severe that it prevents the injured person from ever obtaining gainful employment for the remainder of their lifetime. PTD benefits pay two-thirds of the employee’s weekly earnings or two-thirds of Kentucky’s average weekly wage, whichever is lower. Workers with a permanent total disability receive PTD benefits until they reach 70 years old.
Permanent partial disability (PPD) benefits aim to compensate injured employees for permanent impairment due to their workplace shoulder injury. The value of PPD benefits depends on your income at the time of the injury and the level of impairment caused by the injury. A qualified workers’ compensation attorney can review your case and help determine the value of your benefits.
Temporary disability benefits are available to individuals expected to recover from their work-related shoulder injury.
A temporary total disability (TTD) is a temporary disability that prevents an employee from performing any gainful employment for a temporary period due to their shoulder injury. TTD benefits pay two-thirds of the employee’s weekly earnings or two-thirds of Kentucky’s average weekly wage, whichever is lower. Once your doctor determines you have achieved maximum medical improvement, your TTD benefits will end.
Do You Have Questions About the Average Workers’ Comp Shoulder Injury Settlement in Kentucky? Contact Gladstein Law Firm Today
At Gladstein Law Firm, we are committed to helping our clients recover the compensation they deserve. Our founding attorney Seth Gladstein has over twenty years of experience protecting the rights of injured victims. Seth is well-known among his clients and peers for his passion for fighting hard for those who were injured in the workplace. If you suffered a workplace shoulder injury, reach out to Gladstein Law Firm today to schedule a free consultation.