Get the compensation you deserve for rotator cuff and bicep tear injuries. Learn how to navigate workers’ comp settlements and protect your rights.
Injuries such as rotator cuff and bicep tears can be debilitating, impacting your ability to work and perform daily activities. If you’ve sustained such an injury at work, you may be entitled to a workers’ compensation settlement. This guide will help you understand the process and the importance of seeking professional legal assistance from a workers’ compensation attorney as soon as possible.
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What Are Rotator Cuff and Bicep Tear Injuries?
The rotator cuff is a group of muscles and tendons that stabilize the shoulder, while the bicep is a major upper arm muscle. Tears in these areas can occur due to repetitive motion, heavy lifting, or sudden trauma. Symptoms often include severe pain, weakness, and limited range of motion, making it challenging to continue working.
Steps to Take After Sustaining an Injury
- Seek Immediate Medical Attention: Getting a proper diagnosis and treatment plan is crucial. Delaying medical care can worsen the injury and complicate your workers’ compensation claim.
- Report the Injury to Your Employer: Notify your employer immediately. In Missouri, you generally have 30 days to report a work-related injury.
- Document Everything: Keep detailed records of your injury, treatment, and any communication with your employer and insurance company.
Understanding Workers’ Compensation Settlements
A workers’ compensation settlement is an agreement between you and your employer’s insurance company to resolve your claim for a sum of money. The amount of the settlement typically depends on several factors:
- Severity of the Injury: More severe injuries that result in longer recovery times or permanent disability generally lead to higher settlements.
- Medical Expenses: All medical costs related to the injury, including surgeries, physical therapy, and medication, are considered.
- Lost Wages: If the injury has caused you to miss work or has diminished your earning capacity, this will be factored into the settlement.
- Future Medical Needs: Potential ongoing medical care or rehabilitation needs are also considered.
Why You Need a Workers’ Compensation Attorney
Navigating the workers’ compensation process can be complex and challenging. An experienced workers’ compensation attorney can help ensure you receive the full benefits you deserve. Here are some key reasons to consult with an attorney promptly:
- Understanding Your Rights: An attorney can explain your rights and obligations under Missouri workers’ compensation laws.
- Negotiating Settlements: Insurance companies often aim to minimize payouts. An attorney can negotiate on your behalf to secure a fair settlement.
- Handling Denied Claims: If your claim is denied, an attorney can assist with filing an appeal and representing you in hearings.
- Ensuring Timely Filing: There are strict deadlines for filing workers’ compensation claims and appeals. An attorney will help ensure all paperwork is filed correctly and on time.
Common Questions About Workers’ Comp Settlements for Rotator Cuff and Bicep Tears
- How long does it take to settle a workers’ compensation claim?
- The timeline can vary. Some cases settle within a few months, while others may take longer if there are disputes or appeals.
- Can I receive a lump sum settlement?
- Yes, many workers’ compensation settlements are paid as a lump sum, although some may be structured as periodic payments.
- What if my injury prevents me from returning to my previous job?
- If you cannot return to your previous job, you may be entitled to vocational rehabilitation benefits or compensation for lost earning capacity.
Discuss Your Rotator Cuff or Bicep Tear With a Workers’ Compensation Attorney
A rotator cuff tear or bicep tear can significantly impact your life and ability to work. Navigating the workers’ compensation process to secure a fair settlement is crucial for your recovery and financial stability. Consulting with an experienced Missouri workers’ compensation attorney as soon as possible will provide the guidance and support you need to maximize your benefits. If you’ve been injured at work, don’t delay – contact the Law Office of James M. Hoffmann today to discuss your case with a workers comp attorney with over 30 years of experience and a proven track record.