A Guide to Workman’s Comp Settlements for Shoulder Injuries in Illinois

Shoulder Injury Settlement with Surgery

Severe shoulder injuries may require surgery for full recovery, which can be costly and involve extended time off work. Common surgical procedures include:

• Rotator cuff repair
• Shoulder arthroscopy
• Labral tear repair
• Shoulder replacement (total or partial)

These procedures often involve long recovery periods and may limit the ability to return to physically demanding work. Workers' compensation benefits can help cover medical costs, lost wages, and rehabilitation expenses associated with these surgeries.

• Will I need surgery for a rotator cuff or bicep tear?

  The treatment depends on the severity of the tear. Minor tears may be managed with physical therapy, rest, and pain management, while severe injuries might require surgical intervention, such as rotator cuff repair or biceps tendon reattachment.

• How long does it take to recover from rotator cuff surgery?

  Recovery can take 4 to 6 months, depending on the severity of the tear and individual healing. Workers’ compensation benefits may cover lost wages during this period as well as the cost of rehabilitation.

• What is arthroscopic shoulder surgery?

  Arthroscopic shoulder surgery is a minimally invasive procedure where a surgeon uses small incisions and a camera (arthroscope) to view and repair shoulder joints. This type of surgery is commonly used to treat shoulder injuries like rotator cuff tears, labral tears, and impingement.

• How does arthroscopic shoulder surgery affect workers’ comp settlements?

  Arthroscopic shoulder surgery typically results in a quicker recovery compared to open surgery, but it will still involve time away from work. In cases like this, workers’ compensation benefits may cover medical expenses, rehab, and lost wages until you are fit to return to your job.

• Does undergoing surgery affect my workers’ compensation settlement?

  Yes, surgery can influence your settlement amount because it often indicates the severity of the injury and the need for extensive medical treatment.

The Average Workers' Comp Settlement for a Shoulder Injury in Illinois

In Illinois, settlement amounts for shoulder injuries can vary based on several factors, including the severity of the injury and its impact on your ability to work. The average settlement for a shoulder injury is $20,000 to $80,000. However, workers who require surgery or have long-term impairments may receive higher settlements.

Eligibility Requirements for Workers’ Compensation for Shoulder Injuries

To be eligible for workers' compensation benefits for a shoulder injury in Illinois, several factors must align to ensure your claim is valid and meets the legal criteria. Simply having a shoulder injury isn't enough to qualify for compensation; the injury must occur while you are performing job-related duties.

For example, if you injure your shoulder while lifting boxes at work, this injury could be eligible for workers' compensation benefits. However, if the injury occurs while participating in an activity unrelated to your job, it would not be covered.

The key criteria for a shoulder injury to be eligible for workers' compensation include:

• Work-Related Incident: Your injury must directly result from your job tasks, whether it happens due to an accident on the job or develops over time due to repetitive motion or strain. Injuries resulting from non-work-related activities won't qualify.
• Proof of Injury: You’ll need to provide compelling documentation to prove the injury occurred while performing work tasks. This could include details like how the injury happened, any equipment or actions that caused the damage, and the specific work tasks you were performing at the time.
• Documentation from Medical Professionals: It's essential to gather thorough medical records. A doctor's diagnosis or notes about the cause and extent of the injury are critical for your claim.
• Employer Incident Report: Reporting the injury to your employer immediately is important, as you will need an incident report from your employer documenting the details of what occurred during the accident. This ensures that the employer acknowledges the claim.
• Witness Statements (if available): If there were any colleagues or individuals who witnessed the accident or can attest to the conditions leading to the injury, their statements can help establish the validity of your claim.

In some cases, an employer may challenge your claim, arguing that your injury was not caused by the nature of your job or that the injury predated your employment. In these situations, you’ll need to present compelling evidence that directly ties the injury to your workplace activities.

If you're dealing with a complex case or need legal advice, consulting with an experienced workers' compensation attorney can ensure your rights are protected, and you’re fully compensated for the impact your shoulder injury has on your life.