How Do Shoulder Injuries Rate in Workers’ Compensation Claims?

Introduction

The shoulder joint is among the most complicated, overworked joints in the human body, making shoulder injuries some of the most common workplace injuries. Workers frequently suffer shoulder injuries from repetitive motions, repetitive overhead activities, and sudden trauma in many occupations.

If you’re a builder, forklift driver, storeman and packer, even a seasonal worker picking fruit, or in any job involving manual labour in New South Wales, your shoulder’s function and health can be affected by traumatic injury or repetitive strain. For this reason, shoulder injury compensation claims tend to rate highly in workplace injury claims, particularly for rotator cuff injuries and other serious shoulder conditions.

Common Shoulder Injuries in Workers Compensation Claims

  • Rotator cuff tear
  • Shoulder impingement syndrome
  • Shoulder dislocations
  • Frozen shoulder
  • Shoulder sprain and shoulder strain
  • Shoulder blade injuries
  • Shoulder fracture
  • Shoulder instability
  • Torn rotator cuff requiring surgery
  • Upper arm bone injuries
  • Injuries to the shoulder socket

If You Cannot Work Due to a Shoulder Injury

A workplace shoulder injury can severely affect your ability to perform your tasks and may be a reason to seek workers’ compensation. Shoulder injuries are rated highly by the NSW State Insurance Regulatory Authority (SIRA) since they are such an integral part of the body, with “reduced shoulder movement” seen by most as requiring a permanent impairment assessment.

Depending on the severity of the injury or shoulder impairment, you may be entitled to:

  • Medical expenses coverage
  • Lost wages compensation
  • Permanent impairment benefits
  • Shoulder injury compensation payouts
  • Lump sum payment for permanent disability
  • Total and Permanent Disability claims
  • Common law claims for serious injuries

The Road to Shoulder Injury Compensation

If you suffer shoulder injuries at work, you must:

  1. Report it to your employer immediately
  2. Seek appropriate medical treatment
  3. Submit a Work Injury Claim Form to ICARE
  4. Document how the injury occurred
  5. File a workers’ compensation claim form
  6. Undergo medical assessments
  7. Seek legal advice from compensation lawyers

Your employer has 48 hours to notify their insurance company. In NSW, make a claim within six months from the date of your shoulder injury to claim compensation. However, the time limit may be longer in some circumstances, particularly for more serious injuries or cases involving previous injury.

Maximum Medical Improvement and Compensation Payouts

Before finalising payouts for shoulder injuries, you must have reached maximum medical improvement. This means your condition has stabilised, and further treatment is unlikely to result in significant improvement. At this point, your shoulder injury compensation payout will be calculated based on:

  • Whole person impairment rating
  • Disability rating
  • Need for future medical treatment
  • Impact on work capacity
  • Treatment costs to date
  • Lost wages

Our legal team specialises in personal injury law and workers’ compensation claims. We can help injured workers:

  • Navigate the claims process
  • Pursue common law claims
  • File impairment benefit claims
  • Secure shoulder injury compensation payouts
  • Handle workers’ compensation claims
  • Challenge insurance company decisions
  • Access proper medical treatment
  • Overturn s78 Decline notices

SIRA Rating of Shoulder Pain

Under the guidelines, a shoulder replacement has a high assessment. All surgeries below a shoulder replacement come in under depending on range of motion, pain and how it affects your activities of daily living.

According to SIRA, the AMA5 Chapter 18 guideline on pain is excluded and advises that any conditions associated with chronic pain should be assessed on the underlying diagnosed condition, rather than on the chronic pain. An allowance is made in the guidelines regarding the degree of impairment where pain is commonly associated with a condition. In the guidelines, complex regional pain syndrome is to be assessed in accordance with the evaluation of permanent impairment arising from chronic pain.

It’s essential to make your GP aware of any pains you are feeling, as these comments in clinical notes will become an important part of evidence further down the track.

The Usual Compensation For Shoulder Injuries

Your workers’ compensation claim should include:

  • Medical and treatment costs
  • Rehabilitation expenses
  • Lost wages reimbursement
  • Permanent impairment benefits
  • Lump sum compensation, where applicable
  • Coverage for future treatment needs

Workers Who Can Claim Shoulder Injury Compensation

If you have injured your shoulder at work and cannot fulfil your daily tasks or cannot work at all, you may be entitled to claim workers’ compensation. Those who can make compensation claims for a shoulder injury or any other type of injury include:

  • Permanent employees
  • Full-time employees
  • Part-time employees
  • Casual employees
  • Subcontractors (in most cases)

Time Frames For Shoulder Injury Claims

The length of time to conclude a shoulder injury compensation claim varies based on:

  • Injury severity
  • Recovery time needed
  • When maximum medical improvement is reached
  • Complexity of the claim
  • Whether common law claims are pursued
  • Investigation of sleep disturbance related treatment

Gathering Information and Evidence

To better understand your injury and the impact it has on your life, your PK Simpson lawyer might have to get medical information from your treating doctors. Co-workers and witnesses to your accident or incident may also be asked for help so we can understand how your injury occurred. Family members or friends may also be asked to help us find out how your injury affects your life.

Your knowledgeable lawyer at PK Simpson will make certain your claim meets all the requirements of the insurer and will challenge any medical or other evidence the insurer provides. Actions such as these ensure your shoulder injury claim has a much higher chance of acceptance.

Why You Should Call PK Simpson Lawyers Today

Contact PK Simpson today for expert guidance with your shoulder injury compensation claim. Our experienced compensation lawyers understand how to maximise your benefits and secure the compensation you deserve.

Our thorough preparation of the evidence we’ve gathered for your compensation claim means your case may well be settled on the court steps rather than before a judge. However, should the insurer balk at paying all your entitlements and benefits, we can always lodge your shoulder injury compensation claim with the relevant tribunal. If this should occur, you are still covered by our No-Win No-Fee policy.

Contact PK Simpson here or call 1300 411 596 so we can help to get your shoulder injury compensation and benefit payments happening right away.

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