I dislocated my shoulder on the job and it caused a tear in the rotator cuff. I did not miss any work at all from this injury and workmans comp has paid all medical bills related to this. I have not had corrective surgery for the torn rotator cuff because I can get along just fine without. I have full movement and use of my shoulder, but i do feel some pain while lifting with my arm extended out. I was wondering if workmans comp would pay anything just for being injured in such a way.
2007-08-04 07:07:11 · 4 answers · asked by Anonymous in Health ➔ General Health Care ➔ Injuries
nope, they don't pay for pain and suffering unless you hire an attorney and take them to court, and then I guarantee you the attorney will get most of the money awarded.
What I would suggest is that you keep your claim open, don't let the state close it. Consider getting that rotater cuff repaired, because if you are having pain, it IS a problem and it WILL get worse over time. Then, once all is medically dealt with, sue for time loss from the surgery and pain and suffering.
2007-08-04 07:41:58 · answer #1 · answered by essentiallysolo 7 · 0⤊ 0⤋
No, it will not. Worker's Comp eliminates the right to sue your employer and also eliminates the some employer rights. (They cant claim the accident was your fault)
When you are disabled, there is a schedule of payments that the insurance company can make. It is based on percentage of disability and what part of the body is injured. Usually expressed in a number of weeks of salary. If your doctor says you have 10% disability of your shoulder, and let's say the shoulder if 100% disabled is worth 50 weeks of salary, you would get 5 weeks of your salary as a settlement. It's different from state to state.
If you have a torn rotator cuff, you should have it repaired while you can still get medical paid for and get paid for time off work while it heals. If there is a permanent disability, you will get some residual settlement.
EDIT:
To the poster below, no, you CANT get pain and suffering in worker's compensation cases. You can get a settlement that is set out by statute, and generally, it can be done without a lawyer in most states. When a lawyer IS involved, no, they dont "take most of the money." As a matter of fact, the amount a lawer can take is regulated by statute and is typicially 10 to 20%. That is hardly taking all the money and is far below what a lawyer can take in other kids of cases.
I know it's fashionable to dislike lawyers, but believe it or not, most of us are just honest people earning a living.
2007-08-04 07:20:56 · answer #2 · answered by Toodeemo 7 · 2⤊ 0⤋
I do not know if they pay pain and suffering, for I've only had one injury under WC, but I will say this; if you use your shoulders in heavy lifting or sports please get it surgically repaired and alleviate further bouts of extreme pain and movement.
2007-08-04 07:17:01 · answer #3 · answered by airbourne2442 1 · 0⤊ 0⤋
Most likely they won't. You may have to sue your job for that, unless you signed something when you started that said you couldn't blame them for injury on the job.
2007-08-04 07:10:46 · answer #4 · answered by Anonymous · 0⤊ 0⤋