Many Connecticut workers suffer shoulder injuries in the course and scope of their employment. Typical shoulder injuries include rotator cuff damage and bursitis of the shoulder. Rotary cuff repair surgery is a common surgery in workers' compensation cases. Our experienced Hartford, CT workers compensation lawyers are often asked to help workers' compensation claimants that have shoulder injuries. Oftentimes these types of shoulder injuries are caused by slip and fall accidents, which can occur at work. In this case, a Farmington, Ct slip and fall accident lawyer can help you navigate this legal process.
If you are wondering what your workers compensation shoulder injury case is worth, you should consider the following factors. First, you have to reach maximum medical improvement (“MMI”). MMI means you are as good as you are going to get. Typically when your doctor releases you you are at MMI. You might continue to have pain management treatment even when you are at MMI. It is also critical to know what your "base compensation rate is". This is the rate at which your benefits are paid and it is a function of how much money you made at the job when you got hurt.
Once you've been released we also need to know what percentage loss of use your doctor believes you've suffered for your shoulder. The American Medical Association Impairment Guidelines are published and used by doctors to determine what percentage loss of use your shoulder suffered. For instance your doctor might state that you have a 10% permanent impairment rating to your right master upper extremity. The value of your claim can be computed by taking the total amount of weeks you can possibly get for an arm injury (208) and multiplying that by your disability rating. So in the case of 10% you multiple 208 x .10. You get 20.8 weeks. Then you multiple 20.8 weeks by 66 2/3 % your average weekly wage. For instance, someone who makes $450 a week has a compensation rate of $300.015. That is $450 x .6667. Therefore the full formula for this hypothetical workers' claim is 200 x .10 x $300.015=$6,000.30.
However, you likely are entitled to more than just your impairment rating. Connecticut workers compensation laws says that you are entitled to your total industrial loss of use. Industrial loss of use is determined by looking at the type of work a claimant has historically performed and then determining how much the workers' injury will impact his ability to do this work. A loss of earning capacity after payment of your PPD benefits is governed by Connecticut General statute Section 31-308a. . Any permanent restrictions such as restrictions on overhead lifting are also very pertinent to determining your industrial loss of use and settlement value.
Future medical treatment can also be an important part of your shoulder injury claim. You can “cash out” the value of your future medical treatment, but in return the workers' compensation carrier no longer has to pay for your medical treatment.
How do insurance companies determine the amount to pay for a workers' comp settlement?
Insurance companies determine the amount to pay for a workers' comp settlement by carefully evaluating various factors. To begin with, they consider their potential exposure, which refers to the total amount they anticipate needing to pay for medical treatment, vocational rehabilitation, and lost wages related to the claim. It is crucial for insurance companies to strike a balance between providing fair compensation to the injured worker and avoiding excessive payouts. Since every workers' comp claim is unique, accurately determining the settlement amount can be challenging. The outcome of any necessary surgeries greatly impacts the value of the settlement. For instance, individuals who recover quickly and are able to return to their jobs may receive a different settlement compared to those who face permanent limitations and have to seek new career paths. A key factor influencing the average workers' comp settlement for shoulder surgery, for instance, revolves around two main considerations: future medical needs and disability. Insurance companies take into account the expected cost of ongoing medical treatments and rehabilitation services that the injured worker might require. Additionally, the level of disability resulting from the injury also plays a significant role. Based on these considerations, insurance companies strive to provide a settlement amount that will adequately cover several years of wage loss benefits. It is important to note that workers' comp settlements do not typically include compensation for pain and suffering. Rather, the focus is on ensuring sufficient funds to cover medical expenses, vocational rehabilitation, and wage loss benefits based on the unique circumstances and potential long-term effects of the injury.
What is My Connecticut Shoulder Claim Worth?
The average workers' compensation settlement amount specifically for shoulder surgery claims in Connecticut is not specified. However, according to data published by the WDCA, the average settlement amount for work injury claims in Connecticut in 2021 was $63,313.86. It is important to note that individual settlements can vary based on various factors taken into consideration by insurance companies. These factors may include the injured worker's age, medical expenses, the extent of disability, and the individual's earning capacity before the injury. The presence of an experienced attorney can significantly impact the settlement amount, as insurance companies tend to take cases more seriously when legal representation is involved. To secure a larger settlement, it is crucial to provide compelling medical and vocational evidence supporting the need for medical treatment and extended time off work, as well as establishing a clear connection between the injury and the disability. Relying solely on common sense may not be sufficient when building this argument.
Our attorneys at James F. Aspell, P.C. will help you get through your Connecticut workers' compensation case. We will fight to get you the maximum compensation under the law. If you were injured on the job contact us today at 860-523-8783.!