Workers' Compensation Coverage For Workplace Shoulder Injuries In New York

Your shoulders are the most movable joints in your body, but also some of the most vulnerable. Shoulders can be unstable because the ball of the upper arm is larger than the shoulder socket. This instability frequently leads to injuries. A shoulder injury can be acutely painful and debilitating and often interferes with a worker’s ability to do their job.

If you’ve suffered a shoulder injury while working, it’s important to take time to let your joints heal. Forcing yourself to work through the pain will most likely make the injury worse. Fortunately, workers’ compensation is available for employees who suffer injuries on the job. However, the process of filing a claim can easily become frustrating for many workers.

What Types Of Injuries Are Covered?

Any injury or occupational disease which is directly related to your job duties is covered by workers’ compensation. This includes both sudden injuries which occur in workplace accidents, and also repetitive motion injuries which slowly accumulate over time.

While the law is supposed to cover any and all work-related injuries, receiving compensation is more difficult for repetitive motion injuries. Employers and insurance companies may contest your claim by arguing that the injury is not work-related or that it resulted from a preexisting condition.

The other side will have their own lawyers who specialize in denying claims. To give yourself the best chance of receiving your benefits, it’s usually wise to have your own experienced lawyer who knows how the system works.

Contact out Banville Law work injury lawyers in New York today to begin. 

Our Workers' Compensation Lawyers Serve:

• NYC workers comp lawyers
• Woodbury, Long Island NY workers comp lawyers
• Mount Vernon workers comp lawyers
• White Plains workers comp lawyers

What Are Some Common Causes Of Work-Related Shoulder Injuries?

Certain job duties put you at a higher risk for shoulder injuries. According to the Bureau of Labor Statistics, shoulder injuries have one of the highest incidence rates which require days missed from work, accounting for nearly 93,000 total injuries, and 23 median days away from work.

• Working with heavy objects – Occupations that require lifting, pushing, pulling, or carrying heavy objects are especially susceptible to shoulder injuries. These activities can result in both sudden accidental shoulder injuries as well as repetitive stress injuries.
• Working in uncomfortable positions and awkward postures – Tradespeople who frequently work from uncomfortable, cramped, or awkward positions often develop shoulder injuries because their joints, tendons, and muscles are unnaturally strained.
• Frequent repetitive motions – Even small repetitive tasks can cause repetitive stress injuries to build up over time. Working from a computer, swiping items at a checkout line, or working on a factory assembly line are three common examples of work duties that lead to these injuries.
• Vibrations  – Vibrations from power tools, heavy machinery, or motor vehicles often cause shoulder injuries to build up over time.

Remember that regardless of how your injury may have occurred, you’re entitled to compensation as long as it’s work-related. Worker’s compensation is a no-fault form of insurance, so you’re covered even if you caused your own injury through your own mistake. Additionally, your employer is protected from lawsuits after an employee’s work injury, even when the employer is at fault.

Common Symptoms

Symptoms vary depending on the specific type of shoulder injury, but common warning signs include:

• Pain
• Numbness
• Tingling sensations
• Swelling
• Muscle spasms
• Arm weakness
• Nerve pain
• Bruises
• Limited mobility

If you’ve observed any of these symptoms in yourself, it’s important to seek medical attention as soon as possible. Don’t allow the pain to become unbearable before you take action. While the pain and discomfort may seem manageable at first, allowing minor symptoms to go untreated can lead to more serious problems down the road.

Occupations At A High Risk For Shoulder Injuries

While shoulder injuries can happen in any workplace, there are certain occupations which are more vulnerable:

• Factory workers
• Construction workers
• Tradespeople (e.g. plumbers, carpenters, electricians, etc.)
• Healthcare professionals
• HVAC installers and technicians
• Sanitation workers
• Cashiers
• Office workers
• Transportation workers
• Warehouse employees

These are just a few of the most common examples. Don’t worry if you don’t see your occupation listed here – we have experience representing injured workers in virtually all jobs and professions.

Types Of Injuries

Shoulder injuries vary in severity and affected regions. Your shoulder joint is made up of your collarbone, shoulder blade, and upper arm bone. Shoulder issues which frequently require time away from work include:

• Tendinitis
• Bursitis
• Torn rotator cuffs
• Sprains and strains
• Dislocations
• Separations
• Frozen shoulders
• Bone fractures
• Arthritis

When applying for workers’ compensation, it’s crucial to provide adequate medical evidence which establishes that your injury is work-related and severe enough to prevent you from doing your job. If you’re experiencing any symptoms of a shoulder injury and believe it may be work-related, seek medical treatment, and report your injury to your employer as soon as possible.

Can You Sue For A Workplace Shoulder Injury?

In most cases, filing a lawsuit for a work injury is not an option. However, you may have grounds for a personal injury claim if a negligent third party caused your injury.

This is common for construction site injuries since these job sites are usually comprised of workers from multiple employers, independent contractors, subcontractors, and other sources. If anyone other than a co-worker or employer caused your injury through a negligent act, you could hold them liable for damages.

Another example would be a transportation worker who suffers an injury in a motor vehicle crash with a negligent driver.

Will I Need A Lawyer’s Help?

In many cases, it’s necessary to have legal guidance to help you get the financial compensation you deserve. This is especially true for shoulder injuries since so many of these injuries develop slowly. Even for injuries that occur in isolated workplace accidents, it’s common for insurance companies to argue that the injury is not work-related, not severe enough, or the result of a preexisting condition.

Regardless of where you may be in the process, Banville Law’s work injury lawyers can help guide you. Our respected reputation with insurance companies means that they will be far less likely to deny your benefits if we’re there to represent you. If your claim has already been denied, we can communicate with the insurance company on your behalf, help you gather additional evidence, and connect you with medical experts who can substantiate your claim.

We understand how easily a work injury can cause financial worries. That’s why we offer free consultations and only require payment as a small percentage of your benefits after you’ve successfully secured compensation. This way, you can focus on your recovery without worrying about how you’ll pay your bills.

Did a falling object at work injury you or someone you love? Visit our article on falling objects to learn more: https://banvillelaw.com/workers-compensation/accidents/falling-objects/