By: Michael J. McConnell, workers’ compensation lawyer serving New York City, Westchester, and Rockland
A dislocated shoulder is a painful injury that can occur on the job. In this article, New York City workers’ compensation lawyer Michael J. McConnell will discuss the most important things that injured workers need to know if they dislocate their shoulder a work.
As always, the information that follows is neither legal nor medical advice. It is for general informational and educational purposes only.
What is a dislocated shoulder?
A dislocated shoulder occurs when the upper arm bone pops out from the shoulder socket.
Symptoms of a dislocated shoulder include:
- Extreme pain
- Shoulder visibly out of place
- Inability to move the shoulder
Of all of the body’s joints, the shoulder tends to be the most likely to dislocate. This is because it has such a great range of motion that it is less stable than other types of joints.
Common Causes of a Shoulder Dislocation at Work in NYC
Shoulder dislocations can happen a number of different ways at work, but the typical causes are falls and forceful impacts such as a hard blow to the shoulder.
Some examples of the types of accidents that are likely to cause a shoulder dislocation include:
- Falling on an outstretched arm
- Car accidents
- Heavy lifting
- Forceful impact to the shoulder by another person, object, or piece of equipment
- Assaults
The Importance of Seeking Immediate Medical Attention for a Dislocated Shoulder
Since a dislocated shoulder is such a painful injury, it should be treated as a medical emergency.
Not only does the injured worker want to reduce their pain, but they also need a qualified medical professional to put their shoulder back into place.
Treatment for a dislocated shoulder at the emergency room will typically include an X-ray and then a procedure called a “closed reduction or manipulation” to reset the shoulder. This is a manual procedure where a medical professional will push and pull the injured worker’s body to re-align the shoulder.
Once the shoulder is reset, the injured worker will typically be discharged with instructions to follow up with an orthopedic doctor, who might then prescribe physical therapy.
There are some cases where surgery might be needed to address any complications from a dislocated shoulder. Some complications of a dislocated shoulder that could require surgery include:
- Tears to tendons, muscles, or ligaments
- Damage to nerves or blood vessels
What to expect from workers’ compensation for a dislocated shoulder in New York City?
If the dislocated shoulder was caused by a covered work accident, the injured worker will be entitled to workers’ compensation benefits. This can include:
- Medical expenses paid 100% with zero cost to the injured worker
- Temporary disability payments for lost wages
- Schedule Loss of Use Award (SLU) if the injury results in permanent impairment
To get workers’ compensation, injured workers in New York City generally must:
- Timely notify their employer of the accident in writing within 30 days;
- Produce medical documentation that states their injury was caused by a work-related accident;
- File an Employee Claim Form (C-3) with the NYS Workers’ Compensation Board.
If the injured worker is out of work due to the injury, then there must be a medical report from the doctor specifically stating that the inability to work is due to the injury.
Additionally, the injured worker will need to continue to see their doctor regularly (at least every 90 days) and receive updated documentation each time supporting their disability in order to keep getting paid for lost wages.
Do I get a Schedule Loss of Use Award for a dislocated shoulder in NYC?
Schedule Loss of Use Awards (SLU) are financial compensation typically paid in a lump sum for permanent impairment. Even if an injured worker returned to work after their injury, they can still get an SLU.
A dislocated shoulder can possibly result in an SLU. That determination will depend on the medical evidence in the Board’s file.
If the medical documentation is credible, a judge with the Workers’ Compensation Board can direct payment of an SLU award.
How do I get a Schedule Loss of Use (SLU) for a dislocated shoulder?
To potentially get an SLU, an injured worker should generally make sure to see their doctor about one year after the injury. If they had surgery, then it would be one year after the surgery.
At that point, the doctor will determine whether they have reached what is called “Maximum Medical Improvement.” If they have, the doctor will then address whether there is permanent impairment that results in an SLU.
Always keep in mind that an SLU award does take credit or subtract any payments made to an injured worker while they were out of work.
With that said, in the typical case involving an SLU, the award will typically result in extra money owed to the injured worker beyond what they were paid for the time they missed from work.
The Insurance Company Might Challenge Your Doctor’s SLU Percentage
Insurance companies have a profit incentive to pay the least amount possible on claims, so they might not accept your doctor’s determination of an SLU.
Instead, they might send you to an “Independent Medical Exam” (IME) where a doctor that they pay for will give an opinion regarding your SLU. More often than not, this IME will say your SLU is less than what your own doctor said.
How can a New York City workers’ compensation lawyer protect your right to a Schedule Loss of Use Award for a dislocated shoulder?
When the insurance company challenges the SLU and gets an IME to say it is less than what your doctor says, the issue needs to be litigated.
Litigation regarding an SLU happens before a judge of the New York State Workers’ Compensation Board.
Litigation of an SLU often requires depositions of both doctors and legal arguments regarding what the correct SLU percentage should be.
One of the most important ways to potentially maximize an SLU when the insurance company gets an IME is to challenge the credibility of the IME doctor. This can be done through a rigorous cross-examination to point out any potential bias or lack of a thorough examination.
A skilled New York City workers’ compensation lawyer can best determine how to approach a deposition of the IME doctor in order to show that their opinion is not credible.
With SLUs, a lot of money can be at stake. There are plenty of cases where there is such a major difference between the treating doctor’s SLU finding and the opinion of the IME.
Especially in those cases, having a sound litigation strategy can be essential to maximizing an SLU award.
Conclusion: If you dislocated your shoulder on the job in NYC, you may be eligible for workers’ compensation.
Workers’ compensation will generally cover a dislocated shoulder caused by a work accident in New York City. It is important for injured workers to seek immediate medical attention for this injury, notify their employer of the injury timely, and formally file a claim with the Board. If the injury ends up being permanent, they could also be entitled to a Schedule Loss of Use Award.
FREE CONSULTATIONS are offered by The Law Office of Michael J. McConnell to injured workers in New York City. This can be done in person, by phone, or by video.
Michael J. McConnell is a New York City workers’ compensation lawyer. He is a former Manhattan prosecutor who prides himself on bringing a high level of toughness and intensity to every case. He is an attorney who recognizes that every case is important and the goal is to relentlessly fight for justice. In addition to his experience as prosecutor in Manhattan, he also worked for one of the largest insurance carriers handling exclusively New York workers’ compensation claims for over 5 years. Most of the accounts he handled involved workers in New York City. He is therefore very familiar with the process that injured workers go through in the Bronx, Manhattan, Queens, Brooklyn, and Staten Island.
If you are interested in speaking with attorney Michael J. McConnell about your work-related accident, please contact the office today for a free consultation.
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