There is no “average” workers’ compensation settlement for shoulder surgery. Each case is unique, and the amount you may receive depends on several factors.
Workers’ compensation cases are almost always complicated. Speaking with a workers’ compensation attorney about your settlement options could benefit you in the long run. Call KJT Law Group today at (818) 507-8525.
Factors Affecting Workers’ Compensation Shoulder Injury Settlements
Multiple factors determine the amount you may receive for your shoulder injury in a workers’ compensation case. Some will be unique to your situation, and your attorney will dive into those details with you. However, some of the common claims include:
If your injury requires total shoulder replacement, you will likely spend at least a few days in the hospital, and it can take up to a year to reach maximum recovery, according to Cleveland Clinic. On the other hand, arthroscopic surgery is typically an outpatient procedure and full recovery may only take a few months, per Mount Sinai.
Your settlement amount will depend on the type of surgery required and where your surgeon performed it.
Other Medical Costs
You can seek reimbursement for all injury-related medical expenses as part of your workers’ compensation shoulder injury settlement, including hospitalization, physical therapy, pain medication, and more.
Depending on the demands of your job, you may be away from work for weeks, months, or even years. The wages you lose because of your injury are usually compensable, and the average weekly rate you normally earn affects the amount you may receive in compensation.
When you are injured on the job and your employer or your employer’s insurance company and your doctor agree that you are disabled, you will receive benefits for your lost income while waiting for your case to settle and sometimes after your case settles.
If there is disagreement about whether you are disabled from the injury, you may not get benefits until you can prove your disability. You would then receive past and future disability benefits as part of your compensation settlement.
The types of disability recognized by the California Department of Industrial Relations (DIR) and the Division of Workers’ Compensation, State of California, include:
- Temporary partial disability, which means you cannot work at your regular job, but you can do some work.
- Temporary total disability, which means you cannot work until you recover from your injury.
- Permanent disability, which means you won’t experience a full recovery from your injury. If your permanent disability receives a 100% rating, you have a permanent total disability and will be unable to work for the rest of your life. Any rating between 1% and 99% is a permanent partial disability, indicating you may not be able to perform certain types of work.
The Different Ways Your Workers’ Compensation Case Might Conclude
There are typically three ways your workers’ compensation case may end in California:
Stipulated Findings and Award
According to the DIR, if all parties agree on your disability rating and compensation amount, the Workers’ Compensation Appeals Board will review the paperwork, and a judge will approve it.
You will receive your temporary or permanent disability benefits every two weeks, and you may receive extra funds to cover unexpected injury-related costs up to five years after the date of your injury, as well as coverage of medical treatments related to your initial injury for your lifetime.
Compromise and Release
With this type of agreement, you will receive your settlement as a lump sum after a Workers’ Compensation judge approves. The risk of this avenue is that you can’t ask for reimbursement of more medical expenses in the future, and you will receive no further benefits. Your case will be permanently closed.
Trial and Judgment
If you cannot reach a compensation settlement because your employer’s insurance company’s offer is too low or they refuse to negotiate, you and your workers’ compensation attorney will prepare for trial before a judge.
Most of the time, your lawyer can help you reach a negotiated settlement. However, if a trial is necessary, your attorney will gather documentation for your case, explain the proceedings in advance, and thoroughly prepare you for what may happen in court.
The Benefit of a Workers’ Compensation Attorney’s Involvement in Your Case
Working with an attorney experienced in California’s workers’ compensation law may significantly affect your compensation settlement amount for your work-related shoulder injury.
Findings from an 11-year (2007 to 2017) study by Clara Analytics show that out of the 50,840 claims reviewed:
- The average payment on a claim without attorney involvement was $15,936.
- The average payment on a claim with attorney involvement was $77,807.
- California accounted for 20,108 claims, and attorneys were involved in 35% of those cases.
- In California, the mean total payment on a claim without attorney involvement was $11,674.
- In California, the mean total payment on a claim with attorney involvement was $84,244.
Knowing your rights if you are injured at work is critical to your financial future. You deserve a fair workers’ compensation shoulder injury settlement. If settlement negotiations fail, seeking appropriate compensation through a trial may be your best option.
Work With the Workers’ Compensation Attorneys at KJT Law Group
Our workers’ compensation lawyers have recovered millions for clients injured in work-related accidents. We don’t back down from a fight, and when you work with KJT Law Group, you work directly with your attorney. We are here to serve you, with legal assistance available in English, Armenian, or Spanish.
We invite you to schedule a free case consultation today by calling (818) 507-8525. Should you decide to move forward with your case, we will work for you on a contingency basis, meaning you pay no attorney’s fees unless we successfully recover compensation for you.