Among nonfatal workplace injuries in 2022, shoulder injuries resulted in the greatest number of days away from work. Per data from the Bureau of Labor Statistics (BLS), the median number of days away from work due to shoulder injuries was 30. If you suffered a workplace injury to your shoulder that has kept you from returning to your job, you might be eligible for workers’ compensation. If your injury forces you to miss work for an extended period, you might be able to secure a settlement. What is the average workers’ compensation settlement for shoulder surgery? Scroll down to find out.
When Does a Shoulder Injury Entitle You to Workers’ Compensation?
To be eligible for workers’ compensation for your shoulder injury, you must meet the following eligibility criteria:
- The incident occurred at work
- You are an employee (not an independent contractor)
- Your employer has five or more employees (one or more for construction)
If you meet these criteria, you might be eligible for workers’ compensation. However, to receive a settlement, your injury must have prevented you from returning to work for an extended period.
Average Shoulder Injury Workers’ Compensation Settlement
What is the average workers’ compensation settlement for shoulder surgery? Data from the National Safety Council (NSC) can give you a rough idea. According to the NSC, the average shoulder injury settlement in 2021 was $49,838, which is the most recent available data.
However, shoulder injuries can vary in severity. This means that it’s not possible to determine the settlement amount you might expect. Some of the factors that might influence your settlement include the following:
- Type of injury
- How long you miss work
- The severity of your injury
- Whether you require one or multiple surgeries
- Post-surgical rehabilitation
- Other bodily injuries you suffered
If your injury requires surgery, it will likely lead to a bigger settlement than an injury that only requires rest. If you also suffered injuries to other body parts, your settlement could be more than it might be for an injury that only affects your shoulder.
When You Might Be Offered a Shoulder Injury Settlement
Workers’ compensation settlements are not available in every case. If your injury isn’t serious and doesn’t force you to miss much work, you probably won’t receive a settlement. By contrast, if your injury forced you to miss work for months and required you to undergo surgery, physical rehabilitation, and other extensive care, you might be eligible for a workers’ compensation settlement.
Workers’ compensation insurers typically offer settlements soon after your benefits begin or once you reach what is termed your maximum medical improvement (MMI). You reach MMI when doctors determine you won’t improve any further with additional medical treatment.
If the insurance company offers you a settlement for your shoulder injury, you can accept it, reject it, or negotiate the amount. If you reject it, you will continue receiving benefits until you can return to work.
If you do receive a settlement offer from the insurance company, you should consult a workers’ compensation attorney at the Law Offices of Bryan Musgrave. We can review the offer, assess your medical records, and advise you about whether the offer is fair. If the insurance company has extended an unreasonably low offer, we can negotiate for you to obtain a fair amount.
Your settlement should be enough to pay for the medical expenses you currently have as well as those you’ll incur in the future. It also should include enough money to cover your other living expenses while you are unable to return to work.
If you reject the offer and choose to continue receiving benefits, you can expect to receive a maximum of two-thirds of your average weekly wage as long as you can’t return to work. That will end when you agree to a settlement or return to your job. If you reach your MMI but can’t return to your job, your doctor will provide you with an impairment rating for longer permanent disability benefits.
Contact the Law Offices of Bryan Musgrave
To learn more about what you might expect from workers’ compensation for your shoulder injury, contact an attorney at the Law Offices of Bryan Musgrave. We have decades of experience fighting for the rights of injury victims and can help you understand your legal options. Call us for a free consultation at 417-322-2222 or contact us online.