Guide to Workers Compensation Settlement for Shoulder Injuries

The value of Virginia workers’ compensation settlements for shoulder injuries, such as rotator cuff tears, frozen shoulders, and SLAP tears, is case-specific, meaning that it depends largely on the particular facts of a claim.

The Workers’ Compensation Board has issued guidelines for determining the worth of a case. In this article, we will discuss the factors that can significantly impact the ultimate value of a workers’ compensation settlement, as well as how to seek fair compensation for shoulder injuries.

If you or a loved one suffered a shoulder injury in a work-related accident, we invite you to call our office to schedule a free consultation with experienced Virginia workers’ compensation attorney Mark Hurt. As a workers’ comp attorney with over two decades of legal experience, Mark can listen to the facts of your case, explain your legal options, and tenaciously pursue the maximum workers’ compensation settlement possible.

A Closer Look at the Anatomy of a Shoulder

The workers’ compensation claims process can be challenging, as it requires injured workers to have an understanding of both medical and legal factors. The shoulder is a complex joint with many different muscles and ligaments that can be injured during the course of employment. When assessing a workers’ compensation shoulder injury claim, it is important to understand how the anatomy of the shoulder contributes to the resulting injury.

The shoulder joint is comprised of three bones: the clavicle (collar bone), the scapula (shoulder blade), and the humerus (upper arm bone). The head of the humerus fits into the glenoid fossa of your scapula, creating a ball and socket joint that allows for elevation, abduction, adduction, and rotation of your arm.

The capsule surrounding the shoulder joint is comprised of two layers: an outer layer called the glenohumeral ligament and an inner layer called the subscapularis tendon. These two layers work together to stabilize your shoulder joint while allowing it to move freely. These layers are critical in preventing dislocation or subluxation of your shoulder joint. The rotator cuff muscles also help stabilize this area by attaching to various parts of your humerus bone and scapula bone.

The rotator cuff muscles include four muscles: supraspinatus, infraspinatus, teres minor, and subscapularis. They all work together to provide stability to the shoulder joint while allowing it to move freely.

When determining the value of a workers’ compensation settlement, the extent of the injuries and their long-term impacts will significantly influence a claim’s value. At The Law Offices of Mark T. Hurt, we regularly consult with experts, specialists, and physicians who assist in evaluating the extent of the injuries so that full and fair workers’ comp settlements can be negotiated.

How is the Process for Shoulder Injury Compensation Under Virginia Workers’ Compensation Statutes?

Shoulder injuries are common in the workplace, and they can be painful and debilitating. Rotator cuff tears, frozen shoulders, SLAP tears, and other shoulder injuries may be caused by repetitive motions or sudden trauma. Most of these injuries develop over time, but some may happen immediately after an accident or fall at work.

When a worker is injured during the course of employment, the Virginia Workers’ Compensation Commission (WCC) provides benefits, including medical care and partial wage replacement. To obtain compensation, employees who are eligible for workers’ compensation benefits must apply through their employer (and its insurer).

If you or a loved one suffered a shoulder injury while working, it is vital to immediately report the injury to the employer and seek immediate medical treatment. Once an employer is notified about a work accident, it should provide a list of physicians from which to choose. The employer and its workers’ compensation insurer are responsible for fully covering the expenses associated with treatment provided by approved physicians. Conversely, if an injured worker chooses a physician that is not on the employer-provided list, he or she may be responsible for paying for the cost of the treatment out of pocket or through a private health insurance plan.

Even when claims are valid, the WCC regularly denies workers’ compensation claims when it believes an individual was not actually injured at work or if the employee did not follow the proper procedures associated with receiving workers’ compensation benefits. If you or a loved one was denied workers’ compensation benefits, it might be possible to file an appeal. Contact The Law Offices of Mark T. Hurt today to schedule a consultation with an experienced shoulder injury lawyer to learn more about filing an initial workers’ comp claim or appealing denied benefits.

What are the Common Causes of Rotator Cuff Injury?

Rotator cuff injuries are common among people who work in physically demanding fields, like construction, manufacturing, and sports. The most common cause of rotator cuff injury is overuse, which can occur gradually or suddenly.

If you’re experiencing pain in your shoulder, it’s important to see your doctor right away. There are different types of tests and treatments available to help you manage your pain and aid in your recovery.

Common causes of rotator cuff injuries include:

Repetitive motions. If you work in a factory where you perform the same tasks over and over again with little variation, this can put stress on your shoulder muscles and tendons. You may experience shoulder pain or stiffness after a long day at work or during exercise.

Trauma. If you’ve had an injury that involves trauma to an arm bone (such as a broken bone), this can also damage the ligaments around the joint as well as surrounding muscles and tendons near the joint. These injuries often require surgery for proper healing and recovery time.

Tendon & Muscle Tears. Injuries that do not involve direct trauma can cause significant damage by tearing tendons or muscle. Such injuries include bursitis (inflammation of a bursa) and impingement syndrome (when the tendons become pinched against the acromion).

How is a Rotator Cuff Tear Diagnosed?

Rotator cuff tears are diagnosed using a combination of tests, including X-rays, MRIs, and arthroscopy.

X-rays can help identify changes in the shape of the shoulder joint, such as bone spurs or calcium deposits. The X-ray may also show signs of arthritis, a condition in which the cartilage in joints begins to wear away. If you have ongoing pain in your shoulder that doesn’t improve with treatment, an x-ray may be highly beneficial.

An MRI scan uses radio waves and a strong magnetic field to create detailed images of your joint. These scans can help doctors detect small tears in rotator cuff tendons and other soft tissues around a joint. It’s important to note that these scans do not always identify small tears because they happen deep within the tissue.

Arthroscopy is a minimally invasive procedure that allows doctors to look inside a shoulder joints without making large incisions or causing too much trauma to the area being examined. During this procedure, doctors insert tiny instruments called arthroscopic shavers into your joint through small incisions. The shavers remove pieces of damaged tissue so that new healthy tissue can grow back in its place.

How Are Torn Rotator Cuffs Treated?

Treatment for rotator cuff tears depends on their severity, location, and symptoms. Most people with milder injuries can be treated with non-surgical options such as rest, ice, pain relievers, and physical therapy. Those with more severe tears may need surgical intervention to repair the tendon or reconstruct part of it using a graft from another area of the body (allograft) or using synthetic material (proteins).

What is the Likelihood of a Full Recovery from a Rotator Cuff Injury?

It is possible to fully recover from a rotator cuff injury, but the recovery process can be lengthy. The majority of people who suffer from rotator cuff injuries will experience pain and loss of motion during the early stages of their recovery. However, with time, most individuals are able to regain their range of motion and strength in their shoulder joint.

The likelihood of full recovery depends on several factors, including:

Age: Older individuals may not recover as quickly as younger ones due to age-related changes in tissue quality and blood supply to the injured area.

Existing health conditions: People with diabetes or coronary artery disease may have an increased risk of complications when recovering from rotator cuff injuries since these conditions can impair blood flow to the affected area.

Pre-existing damage: People who have previously injured their rotator cuffs may find it harder to regain full range of motion after surgery because scar tissue may limit movement in particular directions.

What is the Average Value of a Rotator Cuff Injury under Workers Comp?

The value of a rotator cuff injury under Virginia workers’ compensation depends on several factors, including whether an individual has already been treated for a rotator cuff injury, whether a full or partial rotator cuff tear is present, and how much time an employee misses from work.

In our experience, the average worker comp claim in Virginia for a shoulder injury typically ranges from $20,000 to $175,000. This includes medical treatment and lost wages, as well as other costs such as temporary disability payments and permanent impairment awards.

What Types of Workers’ Compensation Benefits Can I Receive for a Shoulder Injury?

Virginia’s workers compensation laws require employers to pay for medical expenses incurred by injured employees, including bills from doctors, physical therapy sessions, surgery, and medications prescribed by medical professionals.

In addition to those costs, injured employees can also receive temporary disability benefits while they’re recovering from their injuries. Those payments cover a portion of the regular income that would have been earned during your recovery period if an individual hadn’t been hurt on the job. If an injured worker already missed work due to a rotator cuff or other shoulder injury, then those lost wages will be calculated into the settlement amount when calculating temporary disability benefits. In general, Virginia Workers’ Compensation for lost wages is equal to 66.67% of an injured worker’s average weekly wages.

As a Virginia workers’ compensation attorney with over two decades of experience, firm-founding attorney Mark Hurt can assess the facts of your case, explain your legal options, and tenaciously fight for the maximum benefit amount possible. Call our office at 276.623.0808 today to schedule a free, no-obligation consultation.

How Do I Calculate a Fair Workers Comp Settlement Amount for My Shoulder Injury? Understanding the Different Factors.

In Virginia, workers’ compensation benefits are calculated based on a percentage of the employee’s average weekly wage. The calculation is determined by multiplying your average weekly wage by two-thirds, which is the maximum amount that you can receive through workers’ compensation benefits. The amount of time an individual will receive these benefits is determined by statute, which specifies that an injured worker who has not reached full recovery after three years of work may be eligible for continuing benefits until he or she reaches maximum medical improvement (MMI). If an employee has not reached MMI after five years, then they may be eligible for permanent total disability benefits.

Injuries involving the shoulder can cause significant pain and discomfort and may prevent you from performing certain tasks at work or at home. Shoulder injuries can also lead to other problems, such as rotator cuff tears and frozen shoulder syndrome in some cases. To determine how much your shoulder injury will impact your ability to perform daily activities and work-related tasks, it is critical to consult with a physician so that your injury can be fully assessed.

When calculating a workers’ compensation settlement in Virginia, different factors will be considered, including:

The type of injury – Are you suffering from an acute injury such as a tear, strain, or sprain? Or is it chronic, meaning that it has lasted more than three months? If it is chronic, the compensation will typically be less than if it were acute.

The severity of the injury – How much pain are you in on a scale of one to ten? The more pain an individual is in, the higher a settlement may be. This can also mean that if there is any permanent shoulder damage, then the amount of compensation may increase as well.

How long an employee has been out of work due to this injury – If it has been less than three months and an individual is still experiencing pain and discomfort while performing daily tasks around the house or doing things at work (such as typing or lifting), then this could affect a settlement because it means that there may be permanent damage present.

Schedule A Free Consultation with Experienced Virginia Workers’ Compensation Attorney Mark Hurt.

If you or a loved one suffered a shoulder injury while working, it is critical to understand your legal rights and options under Virginia’s workers’ compensation laws. As such, it is vital to speak with an experienced Virginia workers’ compensation attorney as soon as possible.

Virginia workers’ compensation lawyer Mark T. Hurt is ready to help you today! Mark Hurt has been handling shoulder injury claims for years and can zealously advocate for the maximum benefits to which you and your family are entitled. Contact The Law Offices of Mark T. Hurt today to schedule a free consultation with an experienced Virginia workers’ compensation lawyer.

What Our Clients Say

We hired Mr. Hurt to help settle a worker’s comp injury case for my husband. Mark, Bart, and Mary worked tirelessly to resolve his case and reach a settlement we were pleased with. They were always available to answer questions and returned calls in a timely manner.

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So far it has been a very positive experience working with Jessica from the social security disability side of the team. She's been very very helpful and encouraging despite my own troubles and disabilities. I can only hope the rest of the process goes as smoothly and seamlessly as the first portion.

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I was in an accident where I was not at fault. I was hurt and my vehicle was totaled, so I found myself in need of an attorney. I worked with Diana Blevins and she was AMAZING! I knew I was going to be in good hands from the first conversation I had with her. Diana quickly replied to my emails and phone calls. She was very sympathetic while asking questions about what happened and extremely informative! The process moved very quickly and we did win the case! I recommend this law office to anyone in need of an attorney. Great experience!

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The 1st time I applied for SSDI I was promptly turned down. I had heard that this is typical, and having a law firm to guide and help is, so far, making a great difference. Ms. Jessica has made re-filing for SSDI so much easier and I feel more secure knowing that their expertise will more than likely make all the difference on the next decision. Keep ya posted!

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The receptionists/secretaries I spoke with were lovely. They were absolute beauties to talk to: informative, sweet, and reassuring, yet concise and straight to the point. I felt welcomed and at ease from the getgo.The Law Offices of Mark T. Hurt kept great communication with me from start to finish and most importantly: they delivered on their word. They successfully reduced my speeding ticket down to 0 points off my license so now all I have to pay are my court fines. Thank you so much - I highly recommend to anyone looking for a traffic attorney!

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The Attorneys, the staff are EXCELLENT. 100% Professionals. Attorney must be proud of his team that keep this office brilliant. They all are very kind. Frankie is a very nice, and efficient. I called them to help a person who got a traffic citation, they handled the case in the best possible way. I am contacting them again for other case.They are really good, more than good.

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The Law Offices of Mark T. Hurt took care of me from start to finish. Laura was my point of contact and she turned a stressful out of state issue in Virginia into a smooth and stress free process. She was always quick to respond to any of my questions and very informative. Very good pricing for the top of the line services they provided. Thank you Laura!

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Very caring and competent. Good people make mistakes. This was the case with my wife. She literally drives for a living and was facing a significant fine and points. We contacted Mr. Hurt immediately and took his professional advice. He really goes the extra mile for his clients. It was worth every penny. Tommy S

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Excellent concern, communication and attention to detail.Carrie and Jessica were fantastic to work with and helped me tremendously negociating and understanding the process.Thank You very much.

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Wonderful experience for a not so wonderful situation. They got my husbands reckless driving ticket reduced down and less than $200 fine. I highly recommend this firm and if anything happens again I will defiantly be giving them a call again’

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My experience with Mark’s law firm has been extremely good and a lucrative one for my speeding case.I also would like to particularly highlight Frankie’s contribution to the case. She was the most active member of their team and remained very supportive throughout the duration of the case.They were able to get my charges reduced and showed utmost sincerity while handling everything.

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She was very professional and to knowledgeable. Would use your firm again if I needed too. Thank you and have a blessed day this post is for Laura. My name is Greg Moore

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Very knowledgeable and not only delivered on the promise outcome but was professional and polite during the entire process.

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Mark Hurt's team was great to work with and took care of every detail of my legal matter - and got the best result I could expect. Frankie was a delight to work with.

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Driving back to Texas, we got a speeding ticket in Virginia. Couldn't trust no one but Mark and his amazing team including Laura. They took care of the process completely and made it super efficient and easy on our end. Would recommend 10/10

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Mark Hurt is not your typical “dime a dozen attorney”. He and his team have went above and beyond to help my family with my fiancé’s worker’s compensation claim. If you have ever had to deal with workers compensation you know what I am talking about. I can honestly say we were very fortunate to have found a law firm who treated us like family and not just a paycheck. We will always be so grateful for everything they did for us.

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Sandy Jane Arnold (Chanel)

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While watching the sunrise over the West Virginia mountains, I was pulled over by a nice officer for speeding. Laura Knowles was fabulous to work with, and helped resolve this innocent mistake quickly. Would highly recommend.

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I recently was given a speeding ticket while passing through Virginia. I found the Law Office of Mark T Hurt through Google and am so thankful I did. I worked with Frankie, where she kindly and respectfully asked about my ticket, encounter, and driving record to determine the best course of action. Even at the end of my free consultation, I asked if it would be okay to speak with other offices, and she gave me great advice. Because of their professionalism, understanding, and kindness, I chose Frankie at The Law Offices of Mark T Hurt. Frankie called me soon after my hearing to explain in detail what the outcome was and what my next steps were. She was able to reduce my ticket to where my insurance would not be affected, and I would not have my license suspended. I am very grateful to have Frankie represent me and highly recommend her to anyone. Hopefully, I won't have to, but I will use them again in the future if I ever need to.

kelsey remondino

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Best law office around. Bessie Mullenaux is a very knowledgeable paralegal and will help you anyway she can. Thanks

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Best law office in swva Bessie Mullenaux is a very knowledgeable paralegal. Thank you Bessie

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Laura helped us with a speeding ticket and was awesome. Her explanations and communications greatly relieved our anxieties. She accomplished what she said she could. Thanks so much!!

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I got a speeding ticket while driving home to FL. I called this office in desperation after another office drug me along for over a week. I called on a Thursday my court date was on Tuesday. Frankie called me assured me that they were going to take care of me, explained to process and got everything set up that day. Frankie was patient and she answered all my questions and assured me I could reach out to her any time! I highly recommend! Out of state tickets are stressful! Thank you so much for taking care of everything for me! You guys are awesome!

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Tony Tang

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From the start to finish, my contact person, Ms Knowles “traffic specialist” provided a pleasant experience in a stressful situation. Courteous and very professional, adding that her quick response to my questions as well as keeping me inform as my case proceeded was beyond approach. I am extremely satisfied with the outcome and highly recommend The Hurt Law Firm

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Very helpful with a speeding ticket and handling court appearance. Frankie was extremely helpful, kept in contact with me throughout the process, and made sure I had all required documentation.

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Cole Mathis

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I hired Mark Hurt’s office to represent me on a reckless driving charge. As you may have heard this is a misdemeanor and you must hire counsel. There are a lot of counsel options in this part of Virginia. I’m glad I went w their offices for a few reasons 1) communication - very proactive and tech savvy. Laura from their office called me several times and explained the situation then followed up by both text and email to keep me posted. She was great - email / text / call exactly at the level of I needed when I needed it. I was always in the loop and loved being able to communicate by text (not everyone really offers this). 2) results - we got a fantastic result (defective equipment) and I couldn’t be happier w how it turned out. I checked out a lot of options and went w them even though they were on the higher end of cost because of the communication. Glad I did.

Mojo Prime

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I found myself in need of an attorney for a traffic ticket I received while traveling. I had no idea that a speeding ticket, would be misdemeanor reckless driving. Thankfully I found a law firm that understood my needs, and were able to go above and beyond, to get this legal proceeding behind me. Laura kept me updated along the way, and made sure I understood the process, and the possible outcomes. I’m more than satisfied with their firm, and should I ever need future assistance, I would definitely call upon her. Than you for taking such good care of me. I appreciate it.

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Hope Carter assisted me with my Social Security Disability Claim once she got involved she took care of everything for me she walked me through the process and explained everything to me so that I wasn't blindsided by anything... she took the worry and stress off of my shoulders...I am sooo grateful to Hope for everything she did for me and also Jessica is great she stayed in contact with me once or twice a week after the hearing explaining everything to me in full detail as to what to expect in the next few weeks or months to come checking to see if I have any questions and how I was doing....I received a fully favorable decision in my case and I couldn't have done it without Hope she's awesome and I couldn't have gotten the piece of mind I had with everything in the next steps in the weeks or months afterwards without Jessica she's amazing...I would definitely recommend the Law Offices of Mark Hurt to anyone...especially Hope & Jessica they're the best!!!!!

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Phenomenal firm and staff. From the minute Frankie picked up the phone, I knew I was in good hands. They really know their stuff over there. I was walked through the entire process and what to expect from A-Z. They were wonderful with communication and let me know what was going on every step of the way. Highly recommended!!

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Grateful to have a law firm as great as Mark Hurt's here in Abingdon. Melanie Blankenship was extremely helpful with Estate Planning. I would recommend anyone to go to them for a professional yet pleasant experience!

Lindsay Smith

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Professional, Available, and in your corner. I worked with Mark & his team, specifically Laura Knowles to assist a family member who had a traffic ticket to deal with in VA. Dealing with a traffic ticket is stressful, dealing with a ticket a few states away felt like an impossible task. From the first phone call to the last I can say with certainty that Laura cares deeply about the success of each client that they work with. She had a game plan ready to be executed from the beginning that proved they know exactly how to deal with these situations and have a track record of success. We cannot thank your team enough for lifting a great weight off of our shoulders and helping my family member more than you know! If you need assistance, call Mark's team first.

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Jonathan Moize

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I called them from a random internet search they got the result I wanted and I think they actually underpriced themselves anywayz thanks fellers

george perry

1652993003

I have appreciated having attorney Jennifer Baker help me with my workers' comp claim and settlement. She was patient and took the time to explain and walk me through everything. She was responsive and accessible. She took the time to address all aspects of my obligations to my claim and I would recommend her and her firm to any injured worker.

laurie bell

1652907443

Hope Carter is the absolute BEST , she really cares about your case . Very detailed and Extremely knowledgeable. So happy she represented me in my disability hearing, without her I do not believe it would have gone well at all.

Kitty Conner

1652887503

Jessica is absolutely amazing. I have been dealing with Social Security and it was going nowhere. Not only did she educate me more on the process and make me feel comfortable, but she also managed to accomplish more in one hour than anyone else has in months. She has been an absolute blessing to me during this hard time. I highly recommend contacting her if you're "stuck in the system". She truly cares and proves it by actually getting things done instead of making you feel like "just another case". God bless her and this firm for going to bat for me.

Darren S

1652454622

Frankie was very helpful to me over the phone and over email! Very communicative and will explain every step of the process to you, which was particularly good since I’m a bit of a nervous person and it was my first-ever ticket and in a state away from home! Also was very patient and reminded me when I needed to submit documents to her and the firm. Highly recommend!

Kyla Kurosawa

1652300346

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