Long Beach Workplace Shoulder Injury Attorney

Workplace injuries happen daily in Long Beach, CA, and surrounding areas. While some people work in fields that are inherently more dangerous than others, virtually everyone faces risks of injury at work every day from many unpredictable causes. Unfortunately, shoulder injuries are relatively common in reported workplace injuries in California. Some people sustain acute shoulder injuries from acute traumatic incidents, while others develop repetitive strain injuries over time. Shoulder injuries can be painful and debilitating, and when they occur from work, affected workers must know their rights when pursuing workers’ compensation benefits.

Representing Long Beach, CA, Workplace Shoulder Injury Claims

Pratt Williams is a team of experienced attorneys providing client-focused legal counsel in workers’ compensation cases and personal injury cases in Long Beach. We understand that a workplace shoulder injury can prevent a victim from working efficiently or even managing everyday household tasks. Therefore, if your shoulder injury happened at work or while performing your job duties outside your workplace, you likely have the right to file a claim for workers’ compensation benefits.

Commonly Reported Shoulder Injury Complications

A shoulder injury may sound like a minor issue, but the reality is that a shoulder injury can impede the victim’s ability to work and manage many everyday tasks. In addition, severe shoulder injuries may require surgical correction, and victims could contend with ongoing or permanent symptoms like chronic pain, diminished range of motion, and reduced flexibility.

Shoulder injuries can prevent lifting and other manual actions, and the ongoing treatments and therapies a severe shoulder injury may require can make it very difficult for the victim to work and earn income. In addition, some shoulder injuries are severe enough to cause permanent disabilities, preventing victims from working in the future or compelling them to find alternative work in a new field.

Shoulder injuries often entail both short- and long-term problems for victims. In addition, they often demand immediate emergency treatment, and most victims will require some level of ongoing care. Therefore, it’s vital for anyone who sustains a shoulder injury at work to report the injury immediately and start the workers’ compensation claim process as soon as possible. Any delays in filing a claim can cast doubt on the claim’s legitimacy and delay the claimant’s receipt of benefits.

Filing a Workers’ Compensation Claim for a Workplace Shoulder Injury

Virtually every employer in California must have workers’ compensation insurance, meaning most injured workers are eligible to file workers’ compensation claims after sustaining injuries at work or while performing job duties outside their workplaces. Once an injury occurs, the victims should notify their immediate supervisor and seek medical attention. In addition, their employer must provide them with the forms and other materials needed to file their workers’ compensation claim. The employer must also make a formal record of the injury.

At this point, the injured worker can seek treatment from any available doctor if they are in critical condition and need immediate care. However, some injuries are very painful and prevent victims from performing their job duties but are not severe enough to demand emergency room treatment. In these situations, injured workers may streamline their workers’ compensation claims by visiting approved physicians directly for their treatment and medical examination.

Most California workers’ compensation insurance carriers require claimants to undergo medical examinations from local approved physicians. These workers’ compensation doctors will assign injured workers disability ratings based on how serious their injuries are and whether they will face long-term complications. An injured worker’s disability rating significantly impacts their final benefits determination.

The injured worker must submit their claim forms and the report from their medical examination to their employer’s workers’ compensation insurance carrier. The insurance company will review the claim, potentially reaching out to the claimant if they require any additional information or need to clarify specific details of the claim. All insurance companies are legally obligated to process claims for coverage in good faith, but they generally strive to look for all the reasons they can find to deny a claim settlement or justify a lowball settlement offer.

How Do Workers’ Compensation Benefits Work?

California workers’ compensation insurance carriers provide two forms of benefits to most claimants. First, the insurance carrier typically covers all medical treatment costs the claimant incurs from their workplace injury. This includes the cost of any immediate emergency care they require as well as ongoing treatment costs. Some workers’ compensation insurance policies are relatively strict regarding the treatments and therapies they will cover and accommodations for claimants with unique medical concerns.

Second, workers’ compensation can provide temporary disability benefits while the claimant cannot work. Typically, ongoing disability benefits are paid based on the claimant’s average weekly wage during the previous year with their employer. In most cases, claimants can receive up to two-thirds of their average weekly wage for up to 104 weeks. Still, some claimants may qualify for more extensive disability benefits if they suffered catastrophic injuries.

How Your Workers Compensation Attorney Can Assist With Your Claim

An experienced Long Beach workplace shoulder injury lawyer can be a tremendous asset when you need to file a workers’ compensation claim. The claim process is much easier to complete with an attorney advising you. Additionally, the insurance company will be more inclined to process your claim efficiently when they notice you have legal counsel advising you. Your attorney will help you complete your claim forms and meet all applicable deadlines. In addition, they can review the workers’ compensation insurance policy in question to ensure your eligibility to file your claim.

Proving how your injury occurred is likely an important focal point of your claim. However, you may also need to establish fault for the injury if you intend to pursue legal recourse beyond the workers’ compensation system. For example, while California’s workers’ compensation laws typically prevent injured employees from suing their employers for the injuries they sustain at work, there are exceptions to this rule.

Taking Further Legal Action Beyond Workers’ Compensation

Workers’ compensation can provide extensive benefits to help workers recover from workplace injuries. However, some severe shoulder injuries can impose damages that workers’ compensation can’t cover, and a specific party can bear fault for the injury. For example, an injured worker can file a personal injury claim against their employer if the employer does not have workers’ compensation or if the employer directly and intentionally caused the injury. It’s also possible for the injured worker to have grounds for civil action against a co-worker who intentionally caused their shoulder injury.

Some workplace injuries happen because of the negligence and intentional misconduct of third parties unrelated to the employer. For example, if you were conducting a delivery for work using a company vehicle and a drunk driver hit you, this would be grounds for a third-party liability claim against the drunk driver. You would still have the right to file your workers’ compensation claim, but you could also file a third-party personal injury claim to further enhance your recovery.

How to Succeed With a Personal Injury Case for a Shoulder Injury

In a personal injury case in Long Beach, CA, the plaintiff must identify the defendant responsible for their injury and provide a complete list of the damages they suffered because of the defendant’s actions. While proving eligibility for a workers’ compensation claim is relatively simple, establishing fault for a personal injury in civil court is a more complex and demanding issue. Your Long Beach workplace shoulder injury lawyer can assist you in completing the workers’ compensation claim process before compiling a personal injury claim on your behalf.

Whether your civil case is aimed at your employer, a co-worker, or a third party, California’s personal injury laws allow a plaintiff to seek full recovery from all economic damages sustained because of a defendant’s actions. These include medical expenses, property damage, and lost income. Workers’ compensation benefits can cover most of a victim’s medical treatment costs and provide coverage for a portion of their lost wages. A personal injury claim filed with a workers’ compensation claim will allow the victim to seek compensation for the damages that workers’ compensation doesn’t cover.

In addition to outstanding economic damages, a plaintiff in a personal injury case has the right to seek compensation for their pain and suffering. California law does not restrict the amount a plaintiff can seek in pain and suffering compensation, but the figure must reflect the severity of their injury and the level of long-term or permanent damage they face. For example, plaintiffs who sustain permanently disabling shoulder injuries are likely to secure more extensive pain and suffering compensation than those who suffer injuries expected to heal completely.

Fault for Workplace Shoulder Injuries

It’s important to remember that fault for your shoulder injury can be an important factor in a workers’ compensation claim and a personal injury claim. While workers’ compensation insurance covers most workplace injuries, an insurance carrier could deny a claim if they determine a workplace injury occurred because of the victim’s egregious negligence, criminal activity, or flagrant violation of workplace safety regulations and employee conduct. For example, if a shoulder injury occurred because the victim was under the influence of alcohol or drugs at work, the insurance company may deny their claim.

The fault will come into play when an injured worker files a personal injury claim for their shoulder injury. California law requires proving the defendant was negligent or intentionally harmful in a manner directly resulting in the plaintiff’s claimed damages. If the court determines the plaintiff bears any level of fault for causing their injury, this may result in the plaintiff absorbing comparative negligence. The judge assigns the plaintiff a fault percentage based on how much they contributed to causing their claimed damages, and then the plaintiff loses this percentage of their case award to reflect their shared fault.

An injured worker’s shared fault may not interfere with their workers’ compensation claim as long as it was an honest mistake on their part, but shared fault can significantly impact a personal injury claim’s result. Therefore, if you have any concerns about any potential fault you might bear for your injury, you must consult an experienced Long Beach workplace shoulder injury attorney as soon as possible for the guidance you need in this challenging situation.

When you choose Pratt Williams to assist you with your recovery from a workplace shoulder injury, you can expect personalized and compassionate legal counsel and ongoing support throughout all phases of your proceedings. You may not know whether you have grounds for legal action beyond a workers’ compensation claim, and we can help you make more informed decisions about your options for legal recourse. Workers’ compensation is typically the swiftest route to compensation after a workplace injury, and we can guide you through the claim process as efficiently as possible.

Our team is prepared to resolve any issues surrounding your determination of benefits from the workers’ compensation insurance carrier. After ensuring you have received a fair outcome from the insurance company, we can address any outstanding issues that concern you, such as the ability to file a personal injury claim against your employer or third party.

Pratt Williams has years of experience with workers’ compensation claims and personal injury cases. Our team is ready to extend the full scope of our resources and experience in your shoulder injury claim. We understand how painful and debilitating these injuries can be and the long-term problems they often cause. Our goal in every case we accept is to help our clients understand the full breadth of their legal options for recovery and then assist them in maximizing their compensation.

It’s vital to act quickly after a workplace shoulder injury to ensure the best chances of success with a workers’ compensation claim and/or personal injury claim. Pratt Williams is ready to provide the ongoing counsel and support you need to approach your case with greater confidence. Contact us today to schedule your consultation with an experienced Long Beach workplace shoulder injury attorney.