3 Ways to Avoid Messing Up Your Torn Rotator Cuff Case
What Is a Torn Rotator Cuff?
When tendons in your shoulder get damaged or torn, they cause a torn rotator cuff, which can be extremely painful and impede proper arm movement. Surgery may be necessary to repair it, particularly if other treatments such as physical therapy or injections are not working. If your job requires heavy lifting or frequent shoulder movement, a torn rotator cuff injury could prevent you from performing that job.
How do you protect yourself when you have a torn rotator cuff at work?
When you’re injured at work, you need to do three essential things to protect your legal case, your income, and your livelihood.
1. Firstly, tell your employer it happened on the job. You should do this as soon as possible after the injury.
2. Secondly, you should be wary of doctors referred by the insurance company. The insurance company will be watching their bottom line, not advocating for your care.
If the insurance company referred you to a doctor, ask yourself: Will they order expensive tests that the insurance company will have to pay for? Will they believe you when you say it hurts? You should not let the insurance company’s doctor manage your treatment.
See a specialist for this injury. It might need ongoing care beyond what a regular doctor can provide. Choosing the best specialist from the start is important because you might need a lot of treatment or surgery. Changing doctors later can be tough, so pick carefully.
3. Thirdly, file your workers’ compensation claim in the right jurisdiction. If you were injured in D.C. and work in D.C., you should file your case in D.C.
Don’t let the insurance adjuster tell you to file in the wrong state. They often tell injured workers they need to file in a state where they live, which is total BS. They know that Virginia and Maryland both pay less for workers’ comp injuries, and they want to cheapen your claim.
You can learn more about where to file your workers’ compensation claim here: Where to File Your Workers’ Compensation Claim.
If you have a torn rotator cuff, there’s a chance you won’t be able to go back to work full duty.
Many people who tear their rotator cuff end up having a permanent impairment. If you have a permanent injury, you cannot handle the claim on your own. You may need to learn a new skill set and change positions; which will cost money and time. You’ll need to have coverage by a settlement while you are busy making changes in your life, whether that involves learning a new trade and skill set or going back to school.
With a torn rotator cuff injury, you will need ongoing legal help to protect yourself and your family. You need an experienced personal injury lawyer for that.
These are the things you should consider, but remember, there is a lot more to it. Making a mistake can cost you a lot of money in lost wages and a lot of time and treatment when it comes to your injury. In most cases, you should not go it alone. You may need an advocate to fight for your rights.
Before you make any decisions, read our free book written by Personal Injury Attorney Frank Kearney, specifically crafted for workers injured on the job in the D.C. area: Protect Your Rights: The Ultimate Guide to D.C. Workers’ Compensation.
Contact our experienced personal injury team at 202-393-3320 for a free, same day consultation.
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