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.!
Comments
Clayton Brendle Reply
Posted Oct 07, 2024 at 05:04:55
Thank you for this clear, concise description of the financial settlement process! Unfortunately for you, I already have an attorney as I was able to start my claim, which is now 3 separate claims with 2 possible responsible. parties, spanning over 3 years. Reverse shoulder replacement surgery performed May 8, 2024. DOI-initial DOI is on/about October 29, 2021. Different company, 2008 and 2010 MRI’s showed RC tears, surgery performed in 2010, after MRI…surgeon stated post-op that no tears were found, cleaned out arthritis, shaved bone. Due to loop holes, owner of company “gave” all his employees over to Temporaries of New England on a hot summer day, just after shift, in a hot mobile work trailer with no ac, had his garage manager give us forms to sign saying that they were switching payroll companies, if you want to get paid, sign the forms. I had overheard a phone conversation between the garage manager and the owner a short time before this but did not recognize the significance of the one-sided conversation until much afterwards. Upon medical release after the surgery/rehab I called my company owner’s 2nd shift manager to see about coming back to work. I was told, “We don’t hold slots. We’re running a business. Contact Temporaries of New England, see if they have anything for you.” I sid contact Tof NE, They had nothing for me pertaining to truck driving. I had a land loan monthly payment of $1,000.00 for my grandmother’s cottage on a lake in CT, built in 1920, a wedding present given to my grandmother built by her father and brother, to my wife and I as a wedding present. I was using the loan to do a 3-wall remodel, building one 16’ x 16’ complete section-used to be the attached garage-then planned on demo of the rest and rebuild. Loan company rep that did our loan, after I initially requested a clause in case of temporary job loss, she stated that it was all in there when signing, wasn’t apparently-would not give a deferment when requested either-need to have loan contracts viewed by an Atty.!!! Anywho, to not fall into debt, not knowing when I would find a driving job again as I was told that people with criminal records won’t get hired by trucking companies, I sold the property to a neighboring couple that we had some very distant relation to. It still breaks my heart to this day. I spent a lot of time there in my childhood/adulthood during, mostly, summers. That couple sold it to a couple in RI, the couple we sold to moved the 16’ x 16’ section I built, moved it to the corner of lot facing the road, now serves as their garage. They also had the septic system done, I had already had the well done. This was 2010, there still is no house! The new owners have parked a big camper trailer there and they also have a shed that I built, on the other road-facing corner, a 9’ x 12’ shed I built for storage and my new-to-me, 1st-for-me 2005 Harley Davidson Custom 1200 Sportster-something I had dreamed about since I was a kid. That bike was sold because of the building inspector requiring me to install siding and roofing on the section I built before he would let me demo the rest. Yes, I mis/managed the money, paid off some debt I had, some my wife had, which I didn’t know about beforehand, paid off my truck, bought my wife a newer car, then had to trade it for another as the car was crap-PT Cruiser that would come off the ground on Rt. 2 in East Hartford, just going the speed limit-this after we had it too long for any grace period. This is why I had to sell the bike. My plan was to demo over the winter while saving to buy the material to finish the house come spring. We were also given another cottage as another wedding present, next door, but not lake front, that we were living in. That had sill plate rot due to someone installing front and back decks without installing flashing so the chestnut sill plates rotted, the bathroom floor was rotted-my wife actually fell through the floor (one leg) as she backed through the doorway to give me room to get through the front door. Just a 20’ x 20’ cottage, electric baseboard heat with a wood stove, kitchen, bathroom, living room and kitchen were combined room, and bedroom. 20 gallon water heater. Sorry about this long-winded…whatever it is! Is it possible for you, or your secretary, to print this and send it to me? I’ll pay you for it. Let me know how much. Either email or 358 East Main St. Griswold, CT 06351. My first attorney on these cases was Charles Norris, Norwich, CT, my second (because I didn’t have the patience to keep repeating all the details of my case to Charles- I hung up on him and never called him back-I’ve since apologized to him and somehow managed to get his friend, Nathan Shafner, who now works out of the same law firm. Charles had done some work as Probate Judge for my wife’s mother. I just happened to Google the “average payout for reverse shoulder replacement in CT” and saw your firm’s response. Thank you for that-it makes things a…
James Aspell Reply
Posted Nov 12, 2024 at 07:22:08
Glad you found it helpful
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