A shooting pain when you reach overhead, a dull ache that worsens with activity, or weakness and limited range of motion in your shoulder are all signs that you suffered a rotator cuff injury. Unfortunately, this is one of the most common shoulder workplace injuries.
While a torn rotator cuff can impact your ability to work and live normally, workers’ compensation provides a path to recovery.
Jaret A. Spevak, the experienced Atlanta work injury lawyer at Rechtman & Spevak, explains what you should know about the benefits you are entitled to and how we help you obtain them.
What Qualifies as a Job-Related Rotator Cuff Injury?
The rotator cuff is a group of tendons and muscles that stabilize the shoulder joint. These tissues can be damaged by acute trauma, such as a fall, having machinery fall onto you, or repetitive overuse. Shoulder injuries are often quite painful and affect your ability to work and your daily life.
You can suffer many different rotator cuff injuries on the job, such as:
- Tendinitis. Tendon inflammation can cause pain and stiffness.
- Bursitis. Swelling of the bursae—fluid-filled sacs that cushion the joint—causes discomfort when you move your shoulder.
- Partial tears. If you suffer a partial rotator cuff tear, the tendon is frayed and damaged but not completely severed.
- Full-thickness tears. When you completely tear a rotator tendon, there’s complete separation from the bone.
Rotator cuff injuries are common in physically demanding occupations that involve heavy lifting, repetitive arm movements, or overhead tasks above shoulder level. Construction workers, warehouse staff, painters, and mechanics face a higher risk of these injuries.
What Are the Warning Signs of a Rotator Cuff Injury?
How do you know if your shoulder pain is more than just a twinge? Stay alert for these warning signs of a rotator cuff injury after a work accident or repetitive task:
- Pain when lifting your arm or reaching behind your back.
- A dull ache in your shoulder.
- Weakness when rotating your arm or lifting objects.
- Difficulty sleeping due to pain, especially when lying on the affected side.
- Decreased range of motion and loss of shoulder function.
If you experience any of these red flags, report your injury to your supervisor right away, even if your symptoms seem minor at first. Under O.C.GA § 34-9-80, you’re required to do this within 30 days to protect your right to workers' compensation benefits down the line.
What Types of Shoulder Injury Workers' Compensation Benefits Can You Receive?
Under Georgia law, most employers must provide workers' comp for on-the-job illnesses or injuries. If your rotator cuff injury happened at work or because of your job duties, you may be eligible for workers’ comp. At Rechtman & Spevak, we’ll help you pursue different types of benefits that provide proper recovery, including but not limited to:
- Medical care. You should receive all necessary treatment for your rotator cuff injury, including doctor visits, diagnostic tests, physical therapy, and medications. Rotator cuff injuries often require surgery, which would be covered as well.
- Wage replacement. If you’re off work for more than 7 days, you should be paid weekly benefits of 2/3 of your average weekly gross pay.
- Permanent impairment. You should also receive additional payments for permanent injury if your shoulder injury causes lasting limitations, which, unfortunately, is common.
However, getting the full benefits you deserve isn't always easy. Employers and insurance companies often look for ways to minimize or deny legitimate claims. That's when our knowledgeable work injury legal team makes all the difference.
Rotator Cuff Injuries and Permanent Impairment Ratings
Some rotator cuff tears heal completely with proper treatment. But if your shoulder pain persists or your range of motion is limited, you may qualify for permanent partial impairment benefits under Georgia law.
Your doctor will evaluate your condition using the American Medical Association guidelines and assign an impairment rating. This determines whether you're eligible for permanent disability payments on top of your regular workers' comp benefits.
Impairment evaluations are technical and complex. Jaret, our Atlanta work injury lawyer, has more than 30 years of experience assessing the fairness of these ratings and whether they accurately reflect the severity of your condition. This attention to detail allows him to fight for the maximum compensation allowed under the law.
What Are Your Rights When Returning to Work After a Rotator Cuff Injury?
Once your doctor clears you to return to work, your employer may offer you a light duty position if one is available. However, if your shoulder injury limits your ability to perform your previous job, and no suitable position is offered, you may continue receiving wage replacement benefits. Our workers’ comp team will help you understand your re-employment rights and ensure you're not pushed back to work too soon.
How Our Atlanta Work Injury Lawyer Protects Your Rights
When you're dealing with a painful shoulder injury, the last thing you need is a complex legal battle. Jaret will guide you through the process and fight to secure your workers’ comp benefits. Our team quickly mobilizes to:
- Gather evidence. We’ll review medical records, accident reports, and witness statements to build the strongest case for you.
- Handle paperwork. We work with you to ensure that claim forms and legal documents are complete, accurate, and filed on time.
- Negotiate with the insurer. Jaret advocates for a fair settlement with your employer’s insurance company that meets your current and future needs.
- Fight unfair denials. If the insurer denies your claim, we’ll promptly file a request for a hearing with the State Board of Workers' Compensation.
- Explore all options. We also identify other potential sources of compensation, such as a personal injury lawsuit if a third party caused your rotator cuff injury.
Work-related rotator cuff injuries can be painful, limiting, and stressful. But you don't have to go through the workers' compensation process alone. By understanding your rights and seeking experienced legal guidance, you can focus on recovery while Rechtman & Spevak handles the rest.
