Is a Shoulder Injury at Work Covered by Workers’ Compensation in Florida?

Every day, you show up for work on time, do your job well, and follow all safety guidelines. Because you’re so careful, you never expect to suffer a workplace accident, yet one day, you hurt your shoulder while doing your job. The next thing you know, you’re dealing with unexpected medical bills, household expenses, and lost wages because you cannot work. 

Although you’ve heard that Florida and employers offer workers’ compensation benefits, you might be wondering, “Is a shoulder injury at work covered by workers’ compensation?”

As a Fort Lauderdale workers’ comp lawyer knows from experience, workplace injuries, including shoulder injuries, can and do happen often. When they do, Florida’s workers’ compensation system is designed to help injured employees.

In this blog, a Fort Lauderdale workers’ compensation lawyer explains workers’ compensation benefits as they relate to shoulder injuries at work. Did you hurt your shoulder in a workplace injury? Keep reading to learn more.

What is Workers’ Compensation?

Workers’ compensation is a kind of insurance that covers injured workers. When you sustain a workplace injury in Florida, the workers’ compensation system provides appropriate medical care to help you recover.

This coverage includes all authorized medical bills and proper medical care, with no cost to you. If you get hurt on the job, a Fort Lauderdale workers comp lawyer can help you understand your rights and assist you with your workers’ compensation claim.

Under the Florida workers’ compensation system, your employer’s insurance company must cover medical treatment. Some medical expenses the insurance company might pay for depending on your injury, include:

• Doctor visits
• Hospitalization
• Surgical procedures
• Prescription medication
• Medical equipment
• Transportation to and from medical appointments
• Mileage reimbursement for travel related to medical appointments and treatments

To qualify for workers’ compensation, you must suffer a work-related injury, meaning you got hurt while doing your job. Florida law mandates workers’ compensation insurance for most employers. Your employer should also understand the workers’ compensation insurance coverage requirements and comply with the law.

Workers’ Comp Benefits for Injured Workers in Florida

Workplace accidents happen, unfortunately. When you suffer work-related injuries, you could receive the following benefits, depending on the details of your workers’ compensation case:

Medical Treatment: Your employer’s insurance carrier must cover the full cost of all reasonable and necessary medical treatments related to the injury, including doctor visits, hospital stays, surgical procedures, physical therapy, prescription medications, and more.

Temporary Total Benefits/Temporary Total Disability Benefits (TTD): When work-related accidents cause injuries that prevent employees from being able to work during their recovery, they could receive payments amounting to two-thirds of their average weekly wage.

Temporary Partial Benefits/Temporary Disability Benefits (TPD or TDB): If an injured worker can return to work in a limited or light-duty capacity while recovering, but make less than 80% of their pre-injury average weekly wage, they could receive payments calculated at 80% of the difference between 80% of their pre-injury average weekly wage and their post-injury earnings, subject to maximum limits set by Florida law.

Permanent Impairment Benefits (IB): If the injury happened at work and caused permanent physical impairment, you may qualify for additional benefits based on your severe injuries.

Death Benefits: In the case of a tragic accident leading to death, the deceased worker’s dependents could be compensated for funeral expenses and lost household income.

Common Causes of Injuries at Work

Repetitive Motion Injuries (RMIs), Repetitive Strain Injuries (RSIs) and lifting injuries are common occupational hazards that result from repeated movements or overuse of certain body parts like shoulders, often leading to pain, discomfort, and reduced functionality.

• RMIs: Injuries caused by performing the same motion repeatedly over time. This repetitive action can lead to tissue damage and inflammation.
• RSIs: A broader category that includes any injury resulting from repetitive activity, which can affect muscles, nerves, ligaments, and tendons.

RMIs and RSIs occur due to a combination of repetitive movements, sustained awkward positions, excessive force, and insufficient rest periods. These factors can lead to micro-traumas that accumulate over time, resulting in significant physical strain.

Symptoms

• Pain or tenderness
• Swelling or inflammation
• Tingling or numbness
• Stiffness or restricted movement
• Weakness or decreased coordination

Examples of Occupations or Tasks

• Office Workers: Typing and mouse use can lead to carpal tunnel syndrome.
• Construction Workers: Frequent use of power tools may result in tendonitis.
• Assembly Line Workers: Repetitive assembly tasks can cause bursitis.
• Musicians: Continuous playing of instruments can lead to tendon strain.

Impact on an Injured Employee

Such injuries can affect a worker’s ability to perform their job, leading to less productivity, more sick days, and in severe cases, continuous disability. The financial and emotional stress of dealing with chronic pain and medical treatments can also harm a worker’s quality of life.

What to Do After a Shoulder Injury at Work in Florida

If you hurt your shoulder while performing work-related duties, take the following steps to aid in your recovery and support your workers’ compensation claim:

1. Report the injury to your employer immediately or as soon as possible. However, do not wait more than 30 days after the accident happened to tell your employer.
2. Seek medical attention from authorized medical providers.
3. Keep all medical records and expenses related to the injury.
4. Inform your employer if you plan to pursue workers’ compensation benefits.
5. Consult a Fort Lauderdale workers’ compensation lawyer for legal guidance and representation in your claim process. An experienced attorney can protect your rights and handle the legal aspects of your workers’ comp claim while you focus on getting better.

Challenges and Denials in a Workers’ Compensation Claim

An experienced workers’ compensation attorney in and around Fort Lauderdale understands the problems that can arise in workers’ compensation cases. Although the state’s workers’ comp system protects workers, challenges and denials can occur for various reasons. 

• Pre Existing Injuries: Employers and insurance companies may try to argue that your shoulder injury was not caused by your work and instead resulted from a preexisting condition.
• Lack of Timely Reporting: Failing to report the injury within 30 days can jeopardize your chances of receiving workers’ comp benefits.
• Insufficient Medical Evidence: Your employer’s insurance company may dispute the severity of your injuries or claim that they were not entirely work-related, leading to a denial of benefits.
• Appeals and Hearings: If your employer or their insurance company denies your claim, you may have to go through an appeals process or attend a hearing before a state workers’ compensation judge. If this happens, schedule a free initial consultation with an experienced lawyer who can represent you and protect your rights in this complex process. Workers’ compensation lawyers work on a contingency fee basis. That means, you do not pay any legal fees unless they win your case. 

Have You Been Injured at Work? Contact the Law Offices of David M. Benenfeld

Dealing with workers’ compensation claims can be tricky, adding to your stress when you’re already hurting from your injury. At the Law Offices of David M. Benenfeld in Sunrise, Florida, we help injured workers in and around Fort Lauderdale. If you’ve been injured, you’re not alone. Our dedicated law firm is here to help and here for you every step of the way. With our guidance, you can seek financial support and the necessary medical care you need to recover from your workplace injury with peace of mind. In addition, we will also help you to obtain a lump sum settlement. Contact us at (954) 677-0155 or complete our online form to schedule a free consultation.

At the Law Offices of David M. Benenfeld, If You’ve Been Hurt – We Can Help!

Copyright © 2024. Law Offices of David M. Benenfeld, P.A. All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Law Offices of David M. Benenfeld, P.A.
7800 West Oakland Park Blvd, Building F, Suite 216
Sunrise, FL 33351
(954) 677-0155
https://www.injurylawservice.com/