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June 5, 2023

Average Workers’ Comp Shoulder & Rotator Cuff Injury Settlements in California

Legally reviewed by: Jessica Anvar Stotz, JD, MBA

Short answer: According to the National Safety Council, in California and the rest of the United States, the average workers’ comp shoulder injury settlement is $49,116.

Shoulder or rotator cuff injuries sustained in the workplace can have far-reaching consequences, affecting individuals physically, emotionally, and financially. Fortunately, California’s workers’ compensation benefits system is designed to provide support to those who experience such injuries on the job.

In this article, we will dive into the average workers’ comp shoulder/rotator cuff injury settlements in California. We will explore the factors that impact the settlement amount, discuss the importance of legal representation, and provide insights into maximizing your chances of securing a favorable outcome.

How Much is a Workers’ Comp Shoulder Injury Worth in California?

While the ongoing average is $49,116, determining the value of all workers’ compensation shoulder injuries in California is a complex undertaking that needs to consider multiple factors. The first factor to analyze is the extent of the injury itself.

The severity of the shoulder injury, ranging from minor strains to more significant conditions such as torn rotator cuffs or shoulder dislocations, plays a critical role in determining the overall value of the claim. As a general trend, more severe injuries typically lead to higher compensation amounts.

To ensure a fair evaluation and obtain an accurate estimate of the value of your workers’ comp shoulder injury in California, seeking guidance from an experienced workers’ compensation attorney is highly recommended. These legal professionals possess the expertise to thoroughly assess the details of your case and provide knowledgeable guidance throughout the legal process.

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How Long Does a Shoulder Injury Case Take to Settle in California?

Generally, shoulder injury cases can take anywhere from several months to a few years to reach a settlement or resolution. The timeframe for resolving a shoulder injury case in California can significantly differ due to several factors.

These factors encompass the complexity of the case, the severity of the injury, the negotiation process, legal proceedings, and the availability of court schedules. Providing an exact timeline, however, is challenging as each case is unique and subject to its own circumstances.

Workers Comp Shoulder Injury Case Examples

The following are some examples of settlements workers have received in their cases:

  • A warehouse manager who sustained a rotator cuff injury while moving a ladder at work recently received a settlement of $325,000. This substantial compensation was awarded due to the severity and long-lasting impact of the injury on the individual’s life and ability to work.
  • A flight attendant who experienced a torn rotator cuff and required two surgeries recently reached a settlement of $115,000. This noteworthy compensation was obtained after the case went to trial due to the employer’s initial refusal to cover the expenses associated with the second surgery. The settlement was ultimately reached following the successful completion of the second surgery and the subsequent treatment.
  • A truck driver who underwent shoulder surgery and was subsequently released with a permanent lifting restriction of 25 pounds recently secured a settlement of $325,000. This substantial compensation was obtained as a result of the truck driver’s injury and the lasting impact it had on their ability to perform their job duties.
  • A settlement of $200,000 was reached in a workers’ compensation case involving a factory worker who suffered a rotator cuff injury while lifting heavy machinery. The injury required surgery and extensive physical therapy. The worker experienced chronic pain and had permanent restrictions on shoulder movement, affecting their ability to perform job duties. The settlement considered medical expenses, lost wages during recovery, and compensation for the worker’s diminished future earning capacity due to the shoulder injury.
  • In a construction site accident, a worker received a $300,000 settlement for a severe shoulder injury caused by a falling object. The injury resulted in a torn rotator cuff, requiring surgery and long-term rehabilitation. The worker experienced significant pain, limited mobility, and was unable to return to their previous occupation. The settlement covered medical expenses, lost wages, and provided compensation for the worker’s pain and suffering, as well as the long-term impact on their quality of life. The settlement amount reflected the severity of the shoulder injury and its effects on the worker’s overall well-being.

average workers' comp settlement for rotator cuff surgery

What Factors Affect a Settlement Amount?

The settlement amount in a legal case can be influenced by several factors that are specific to the nature of the case. While the exact elements may vary, here are some common factors that often have an impact on the settlement amount:

  • Severity of the Injury: The severity of the injury is a crucial factor in determining the settlement amount. A more severe injury, such as a debilitating or permanent impairment, is likely to result in a higher settlement to compensate for the long-term impact on the individual’s life.
  • Medical Expenses: The cost of medical treatment, including doctor visits, hospital stays, surgeries, rehabilitation, and ongoing care, is considered when determining the settlement amount. Higher medical expenses may lead to a larger settlement.
  • Lost Wages: If the injury has resulted in the individual’s inability to work, lost wages or loss of earning capacity can be factored into the settlement amount. This includes both past lost wages and potential future earnings that may be affected by the injury.
  • Pain and Suffering: Compensation for physical and emotional pain and suffering caused by the injury is another factor considered in settlement negotiations. The severity and duration of pain, as well as the impact on the individual’s quality of life, may be taken into account.
  • Comparative Negligence: In cases where liability is shared, the concept of comparative negligence comes into play. If it is determined that the injured party bears some responsibility for the incident, the settlement amount may be reduced proportionately.
  • Insurance Coverage: The insurance coverage available to the party responsible is a significant factor. If the responsible party has substantial insurance coverage, it may increase the likelihood of a larger settlement amount.

Please note that these factors are not exhaustive, and the relative importance of each factor can vary depending on the specific circumstances of the case. Consulting with an experienced attorney who specializes in the relevant area of law can provide a more accurate assessment of the factors that may affect the settlement amount in your particular case.

Are There Ways to Calculate a Workers’ Compensation Shoulder Injury Settlement Yourself?

Attempting to calculate a workers’ compensation shoulder injury settlement on your own can be a daunting task and is not recommended. The determination of an appropriate settlement amount involves intricate legal and medical factors that require expertise and a deep understanding of the workers’ compensation system. Various elements, such as the severity of the injury, required medical treatment, impact on your ability to work, and long-term effects on your quality of life, influence the settlement amount.

Attempting to calculate a workers’ compensation shoulder injury settlement on your own may lead to inaccuracies, undervaluation of your claim, or potential legal pitfalls. It is advisable to consult with a qualified attorney who can advocate for your rights, guide you through the process, and ensure you receive fair compensation for your shoulder injury.

Is There a Compensation Limit in California?

In California, there is no specific compensation limit solely for workers’ compensation shoulder or rotator cuff injury settlements. The compensation for these types of injuries is determined based on various factors, including the severity of the injury, the impact on the individual’s ability to work, and the overall effects on their quality of life.

What Type of Lawyer Should You Hire?

When hiring a lawyer for a workers’ compensation shoulder or rotator cuff injury claim in California, it is recommended to seek an attorney who specializes in workers’ compensation law. Look for a lawyer with experience handling shoulder injury cases, a good reputation, and a track record of success.

Choose someone who communicates effectively, is accessible, and with whom you have a personal connection. These qualities are vital for fostering a strong attorney-client relationship and ensuring that your concerns and questions are addressed promptly and clearly. Take advantage of initial consultations to assess their knowledge and discuss their fee structure. Hiring an experienced workers’ compensation attorney will help ensure you receive proper representation and increase your chances of obtaining fair compensation for your injury.

How Can You Increase the Odds of Winning Your Case?

To enhance your chances of success in your workers’ compensation shoulder injury case, employing the following strategies can be beneficial:

  1. Report the Injury Promptly: Report your shoulder injury to your employer as soon as possible. Failing to report the injury in a timely manner may raise questions about the validity of your claim.
  2. Seek Immediate Medical Attention: Obtain medical treatment promptly and follow the recommended treatment plan. Proper documentation of your injury and treatment is crucial for building a strong case.
  3. Document the Injury and Its Impact: Keep detailed records of your injury, including medical reports, diagnostic tests, treatment receipts, and any documentation of the impact on your ability to work and perform daily activities. This evidence will support your claim and provide a clear picture of the extent of your injury.
  4. Follow Medical Advice: Comply with your healthcare provider’s recommendations and attend all scheduled appointments. Non-compliance or missed appointments can be used against you in your case.

Remember, every worker’s compensation case is unique, and outcomes can vary. Working closely with an experienced attorney will give you the best chance of winning your case and obtaining fair compensation for your shoulder injury.

typical settlement for rotator cuff injury at work

Should I Hire a Lawyer?

When it comes to your shoulder or rotator cuff workers’ compensation case, it is highly advisable to hire a work comp lawyer. While it may not be legally required, having an experienced attorney by your side can significantly improve your chances of achieving a successful outcome.

Workers’ compensation cases involving shoulder or rotator cuff injuries can be intricate, involving legal procedures, insurance negotiations, and the establishment of liability. An attorney specializing in workers’ compensation law possesses the knowledge and expertise to navigate these complexities on your behalf.

At LawLinq, we are dedicated to simplifying the process by connecting you with skilled attorneys who have a deep understanding of the specific nuances of your case, at no obligation or cost to you. Our service offers an initial case examination, legal guidance, and customized solutions. Through our referral service, we carefully match you with qualified attorneys based on your unique needs and preferences, saving you valuable time and effort.

To ensure that you receive top-quality representation, we rigorously screen experienced professionals with a proven track record of effectively handling shoulder and rotator cuff injury cases. We can connect you with an exceptional attorney who will fight for your rights and diligently pursue the compensation you rightfully deserve. To get started, give us a call at (855) 997-2558 or visit our website today.

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About the Author

Jessica Anvar

California Consumer Litigation Attorney Jessica Anvar, Esq. is the Founder and Managing Partner of Lemon Law Experts California’s leading lemon law firm. She has multiple years’ worth of experience working with both state and federal lemon laws. Her practice focuses exclusively on consumer protection cases. Ms. Anvar received her J.D. from Loyola Law School. She also earned a Master of Business Administration degree from Loyola Marymount University. Jessica is very active in her local legal community and has helped thousands of clients across the state of California. She has an outstanding record as a true advocate for consumers.

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