Our attorneys will clearly explain your compensation rights.
Work-related injuries to the shoulder which result in some level of permanent disability are compensated on the basis of industrial disability. This calculation takes into account your loss of earning capacity. Rather than compensation for actual loss of earnings, this is a percentage of your capacity to earn. This calculation is based on a percentage of 500 weeks of benefits. However, if you're totally disabled, you are eligible for lifetime benefits.
If, for example, a shoulder injury at work required surgery and a doctor provided a permanency rating of ten percent, many insurance companies would compensate you for 50 weeks of benefits. This determination is calculated from the doctor's ten percent rating as it applies to 500 weeks, or 50 weeks.
However, this is not the actual basis of compensation which should be calculated to compensate you. Using an industrial disability approach, a meaningful assessment of your disability can result in shoulder injury compensation far beyond a rating from a doctor, as this rating is only one small factor used in calculating industrial disability.
Get the Facts for Your Work-Related Shoulder Injury
While there are many factors involved in shoulder injuries, the most important is whether you can return to your regular employment. In addition, it's important to determine what permanent restrictions and limitations are assigned to you on the basis of your injury.
Restrictions and limitations provide a valuable guideline for what jobs you may be able to perform after a work-relate shoulder injury. Despite a low rating from a doctor of permanent impairment, you might have suffered industrial disability/loss of earning capacity at levels far beyond the doctor's rating. This level of disability--from the industrial disability assessment--determines how many weeks you should be paid due to a permanent injury.
If you've had a shoulder work injury which is permanent, contact the experienced professionals at Wertz, Dake & Anderson. We offer a free initial workers' compensation claim review.
Injured your shoulder at work?
Contact Wertz, Dake & Anderson today for a free case evaluation at 319-861-3001.