Aldrich & Brunot - Portland Oregon Workers Compensation Attorneys

22 NW 23rd Place, Suite 203 Portland, Or. 97210

Work Related Shoulder Injuries

Perhaps not surprisingly, shoulder injuries are among the most prevalent job injuries we see. Work injuries can occur in almost any business and affect anyone from construction workers to healthcare professionals to office employees. A shoulder injury, ranging from modest strains to severe fractures and rips, can cause agony, postpone your return to work, and result in significant financial difficulty.

3 Top Shoulder Injury Questions in the Workplace

Top 3 Shoulder Injury Questions at the Workplace:

1. How much compensation may I get for a shoulder injury that necessitated surgery? 

If you are temporarily or permanently handicapped from your employment, you may receive benefits equivalent to two-thirds of your pre-injury average weekly salary. If you experience a persistent partial handicap after finishing treatment but are still able to work, you may be eligible for compensation based on a benefit schedule. While you can seek reimbursement for medical care immediately following your shoulder injury, you cannot claim pay replacement benefits until you have missed at least three days of work. You can only be compensated for the first three days if you miss at least 14 consecutive days. 

In certain situations, it makes more sense to pursue a settlement of your workers’ compensation claim, which would give you money in a lump amount or payments rather than receiving ongoing benefits via the workers’ compensation system.

 

2. How much compensation may I receive for a shoulder injury?

When you submit a workers’ compensation claim after a shoulder injury at work, you may be eligible for benefits such as reimbursement for reasonable and necessary medical treatments, surgeries, rehabilitation, and pain management. If your injury causes you to miss time at work, you may be eligible for partial pay replacement benefits. If your shoulder injury causes partial or entire impairment after it has recovered to its full potential, you may be eligible for continued disability benefits.

 

3. How long does it take to get compensation for shoulder injuries?

When you file a workers’ compensation claim for a shoulder injury, your employer or insurer has up to 60 days to accept or deny your claim. If your claim is accepted, the insurer should begin paying workers’ compensation payments right away. If the insurer declines your claim, you have the opportunity to file an appeal with the Oregon Workers’ Compensation Board. A formal claim before the board may take many months to settle. If you want to pursue a settlement of your workers’ compensation claim, how long the settlement process takes might depend on numerous variables, including the severity of your injury and if you’re still getting treatment or expect getting more treatments in the future.

7 Steps to Take After Suffering from a Workplace Shoulder Injury

1. Report Your Injury to Your Employer

After any form of injury, the first step in the claims procedure is to notify your supervisor as quickly as possible. They are legally compelled to provide you Form 801, “Report of Job Injury or Illness.” If your employer does not supply you with the proper paperwork, you can obtain it directly from the Oregon.gov website. 

 

2. Seek Medical Attention

Documenting your injuries is critical to receiving the compensation you deserve. Whether your injury is serious or mild, you should consult a healthcare practitioner. While your employer may require that you consult a business doctor, you have the right to see any doctor of your choosing. 

At your consultation, make sure to tell your doctor about your shoulder injury at work. He or she will assist you in filling out Form 827 “Worker’s and Health Care Provider’s Report for Workers’ Compensation Claims.”

 

3. Contact a Workers Compensation Attorney

Professional legal counsel from an experienced attorney will considerably improve your chances of a successful claim. They will walk you through the procedure, help you avoid frequent mistakes, provide you legal advice, and represent you in court processes.

 

4. File Your Claim

After completing Form 801, you can return it to your employer. They are legally obligated to submit the completed form within 5 days of receiving notification of your injuries. If they fail to submit before the deadline, your attorney can assist you in filing the form yourself.

 

5. Keep All The Documents

Unfortunately, employers and insurance companies frequently use unfair or deceptive practices to reject coverage. That is why it is critical to store any written communication and records relating to your accident in a secure location. These may include copies of completed paperwork, emails or messages between you and your employer, witness testimony from coworkers, and medical records.

 

6. Follow the Case Investigation Procedure

Once your claim is filed, your employer’s workers’ compensation insurance provider, such as SAIF, will undertake an inquiry to determine its authenticity. It’s critical that you be honest and upfront during the inquiry. 

The insurance company may:

  • Request statements from you, your employer, witnesses, and attending physician.
  • Request an Independent Medical Exam (IME).
  • Request a workers’ compensation hearing.

 

7. Wait For The Decision Of The Insurance Company

The insurance company has 60 days from the moment your employer was notified of the injury to make a decision. You may remain up to date on the status of your claim by checking it online, if possible. If your claim is approved, you will get a notice of approval that will explain your benefits. In certain cases, you may obtain approval for only a portion of the benefits you sought. If this occurs, your attorney will assist you in challenging any unreasonable refusal. If your claim is denied, you will get a letter stating the reasons for the refusal. Receiving word that your claim has been refused may be distressing. But do not give up! Your attorney will assist you in appealing the judgment and pursuing the reimbursement you are entitled to.

Contact Our Injury Workers’ Comp Attorneys in Oregon Today!

While precautions can be made to reduce workplace injuries, the risk cannot be totally eliminated. If you have a work-related injury, you may be eligible for financial benefits under the workers’ compensation system. Our experienced Oregon workers’ compensation attorneys at Aldrich & Brunot, LLC can assist you in filing a claim for benefits and, if required, appealing a denied claim or underpayment of benefits.