Your Options for Workers’ Comp After Experiencing a Shoulder Injury

Lifting heavy materials, slipping on a wet floor, or working long shifts in repetitive motion are just a few work-related reasons people hurt their shoulders.

But filing a successful claim is rarely straightforward. Insurance companies often downplay the seriousness of shoulder injuries like rotator cuff tears or labrum damage, arguing they're preexisting or not “work-related enough.” This leaves many injured workers stuck in limbo—unable to lift, drive, or return to work, but still fighting for the medical treatment and wage benefits they need just to get by.

Our experienced Georgia workers' compensation lawyer at Rechtman & Spevak will protect your rights and fight for the benefits you deserve. For more than 30 years, attorney Jaret A. Spevak has helped countless injured people obtain medical treatment, wage replacement, and other crucial benefits after workplace shoulder injuries.

Let us put our knowledge and tenacious representation to work for you. Here’s what you need to know.

What Type of Shoulder Injuries Are Covered Under Workers' Comp in Georgia?

Shoulder injuries are common in physically demanding jobs, such as construction, manufacturing, retail, and health care. They can result from sudden accidents, such as falls or machinery malfunctions, or develop gradually due to repetitive job duties. Regardless of how they occur, these medical conditions are frequently painful, limiting, and expensive to treat.

You may qualify for Georgia workers' compensation if your shoulder injury arose out of and in the course of your employment. Some common conditions that might be covered include:

• Rotator cuff tears. These injuries are often caused by lifting heavy objects, falling onto an outstretched arm, or performing overhead work. Symptoms of a rotator cuff tear include pain, weakness, and limited range of motion in the joint.
• Labral tears. The labrum is a ring of cartilage that stabilizes the shoulder socket. If it's torn, you could experience pain, popping, and a sense that the joint is unstable or will dislocate. 
• Shoulder dislocations. These often occur due to falls, vehicle collisions, or machinery accidents that pull the arm forcefully. A dislocated shoulder causes severe pain, visible deformity, and inability to move the joint.
• Impingement syndrome.  This condition develops gradually due to prolonged overhead activity or repetitive arm raising. It frequently causes chronic pain and difficulty lifting the arm, especially above shoulder level.
• Bursitis and tendonitis. These injuries are caused by repetitive shoulder movements or prolonged pressure in the area. They cause pain, stiffness, and swelling around the joint.
• Fracture. Another common shoulder injury is a break of the collarbone, shoulder blade, or other shoulder bone. Symptoms include pain, swelling, and limited shoulder mobility.

How Does the Workers' Comp Process Work for Shoulder Injuries?

Filing for workers’ compensation for a shoulder injury can be confusing. The process involves several key steps:

1. Notify your employer. Report the injury immediately, even if your shoulder pain developed gradually. Under O.C.GA § 34-9.80, you must provide notice within 30 days, but sooner is always better.
2. Get medical treatment. You must obtain professional care from an authorized provider. Your employer should provide a list of approved doctors. If they fail to do so, you can choose your own physician.
3. Follow your doctor’s advice. It’s crucial to follow all treatment recommendations and keep detailed records of your medical care, work restrictions, and out-of-pocket expenses. Never skip appointments or ignore medical advice.
4. Consult an attorney. You should retain our skilled Georgia workers' compensation lawyer to discuss your rights and legal options. We’ll communicate with the insurance company, gather evidence to support your claim, file your workers’ comp claim, and fight for the full value of your claim.

What Benefits Are Available for Shoulder Injuries Under Georgia Workers' Comp?

The program provides three main types of benefits:

1. Medical treatment, including doctor visits, surgery, physical therapy, medications, and travel expenses for appointments.
2. Wage replacement at two-thirds of your average weekly wages, up to a state maximum, if you miss more than seven days of work.
3. Permanent disability benefits if your shoulder injury causes lasting impairment or restrictions.

In some cases, injured workers may also qualify for vocational rehabilitation services to help them return to suitable employment. Jaret will assess your circumstances and pursue all available benefits.

How Will Rechtman & Spevak Help with Your Shoulder Injury Workers’ Comp Claim?

You don't have to figure out the complex workers' compensation system alone. Our experienced legal team will assist you in various ways, including:

• Ensuring you report your injury and file your claim correctly and meet all required deadlines.
• Helping you obtain the necessary medical evidence to support your claim.
• Communicating with the insurance company and your employer on your behalf.
• Appealing a denied claim or negotiating a fair settlement.
• Representing you at hearings before the Georgia State Board of Workers' Compensation.
• Exploring other potential sources of compensation, such as personal injury claims against third parties.

At Rechtman & Spevak, we’ll work hard to help you pursue the workers’ comp benefits you need to heal and move forward after a workplace shoulder injury.