Is there an average workers’ comp shoulder injury settlement?

Many shoulder injuries settle for anywhere between $20,000 and $150,000. However, it is impossible to say what an “average” workers’ compensation settlement for a shoulder injury would be. There is no “average” shoulder injury. Even the most common shoulder injury you can suffer in the workplace – a torn rotator cuff – can be minor or severe.

What factors will change an average workers’ comp settlement amount?

There are 2 important factors that can increase or decrease a workers’ comp settlement:

1. the extent of your lost wages, and
2. the extent of your future medical expenses to treat the shoulder condition.

This is because workers’ compensation only pays:

• disability benefits, and
• medical bills associated with your workplace injury.

If your shoulder injury was devastating and keeps you from working, your settlement will likely be much higher. If you still need medical care for your injury after the settlement, that will also increase the amount.

The legal advice of a workers’ comp attorney from a reputable law firm can help you maximize your settlement value.

Lost wages and disability benefits

Workers’ compensation law is state law. Different states may have different laws. However, they generally provide hurt workers with disability benefits that cover a portion of their lost wages. In most states, that portion is two-thirds (66 percent) of their average weekly wage before the disability.¹

This means that, if you hurt your shoulder at work, your eventual settlement will be influenced by:

• your wage before the injury, and
• the wages you can make in spite of your shoulder injury.

If you were able to return to work on light duty, for example, then your reduced wage rate would offset your disability payments through workers’ comp. Meanwhile, if your wage rate was high, then your settlement will be higher because you lost more wages.

Generally, if you are settling a workers’ comp claim, then you have reached maximum medical improvement (MMI) and have a permanent disability. If that disability is total, rather than partial, then your disability benefits can be substantial.

Future medical expenses

Workers’ compensation also covers your medical expenses from the workplace injury. When you settle your workers’ comp claim, your settlement will include the costs of your future care.

If you still need medical care for your shoulder injury, this can drastically increase your settlement. For example, if you still need surgery to treat your injury it can increase the settlement amount.

What am I entitled to recover in a workers’ compensation settlement?

If you get hurt on the job, you may be entitled to workers’ compensation benefits. These provide a portion of your lost wages as well as medical benefits. A workers’ compensation settlement closes your case and generally pays the rest of your workers’ comp benefits in a lump sum. This generally includes your outstanding:

• future medical care, and
• permanent disability benefits.

Importantly, it does not include other forms of compensation that are available in personal injury cases, like:

• pain and suffering, and
• loss of consortium.

A workers’ compensation lawyer can help you recover what you deserve.

What types of shoulder injury settlements are there?

Workers’ compensation claims can end in 2 different kinds of settlement agreements:

1. stipulation and award, or
2. compromise and release.

These agreements are generally reached in the mandatory settlement conference.

Stipulation and award

Rarely, workers’ comp claims settle with a stipulation and award. This is not what most people think of when they settle their case. In these cases, an ongoing relationship is created between you and the workers’ comp insurance company. The insurance company agrees to continue to pay for your:

• ongoing medical costs related to your injury, and
• disability benefits.

Those disability benefits are set at a certain amount of money. They are often paid regularly for a certain amount of time. However, if your injury gets worse, the amounts can be adjusted.

Compromise and release

The vast majority of workers’ comp settlements are compromise and releases. In these settlements, the insurance company agrees to pay you a set amount of money to end the case. Once the money is paid in a lump sum, the workers’ compensation claim ends. If the amount you settled for turns out to be inadequate, there is little that you can do. Reopening your case can only be done in a very limited set of circumstances.

A compromise and release is generally what is considered to be a settlement of a workers’ comp claim. The average amount of that settlement for a shoulder injury is difficult to state because there is no such thing as an “average” workers’ comp claim. This is particularly true for shoulder injuries because there are so many different types of them.

What are some common work-related shoulder injuries?

Some common shoulder injuries to suffer on the job are a:

• torn or frayed rotator cuff,
• broken collarbone or clavicle,
• frozen shoulder,
• torn labrum,
• separated shoulder, or
• broken shoulder blade.

These shoulder injuries are especially common for workers who perform manual labor on the job. This includes:

• construction workers,
• farm workers,
• laborers,
• warehouse workers,
• plumbers,
• truck drivers who have to load and unload their trucks, and
• shelf stockers at retail and grocery stores.

These workers are prone to debilitating gradual-onset injuries to their shoulders. However, they are not the only occupations that are susceptible to shoulder injuries. Some others include:

• nurses, especially those who have to physically control patients,
• police officers, and
• flight attendants, who have to load or unload large bags over their shoulder height, often in turbulence.

Numerous other workers, even office workers, can suffer a sudden-onset injury to this important body part if they fall or have to lift something heavy.

Torn rotator cuff injuries

A torn rotator cuff is one of the most common workplace-related shoulder injuries. It can either be:

• sudden-onset, like if you lift a heavy box and it tears the muscles in your shoulder, or
• gradual-onset, through constant repetitive motions and lifting that tear the muscle over time.

Not all rotator cuff injuries are the same, though.

Some are serious, very debilitating, and require rotator cuff surgery to treat. The muscles and tendons may have torn off the bones in the shoulder joint. These rotator cuff tears often come with permanent weakness in the shoulder, or even chronic pain. These injuries can lead to settlements over $100,000, particularly if the impairment rating makes it a permanent total disability of the shoulder.

Others are relatively minor. These generally involve not a full tear in any of the 4 muscles that make up the rotator cuff, but rather a partial tear or a frayed muscle. While this can create discomfort or weakness in certain situations, like lifting above your shoulder, it may not affect your daily life. While they often amount to a permanent partial disability, these rotator cuff injuries often lead to smaller settlements in workers’ compensation cases, frequently below $20,000.

Other workers’ comp shoulder injuries

Some shoulder injuries that lead to workers’ comp claims are not rotator cuff injuries. These are often sudden-onset injuries from a workplace accident. Even these injuries have a wide variety, though many are still fairly serious.

A broken collarbone, for example, is a significant injury. However, while they cause a lot of shoulder pain, they rarely produce long-term disabilities. As a result, settlements for injured workers who have suffered these injuries are often fairly small. Workers’ comp does not cover any pain and suffering you have felt from your work-related injury, and these injuries are often considered to be a temporary total disability. By the time your case settles, you may be back to your regular job.

Frozen shoulder, also known as adhesive capsulitis, is a complication that often arises when you do not get adequate medical treatment or physical therapy for another shoulder injury. The condition causes your shoulder to stiffen up. You develop chronic pain and lose nearly all range of motion. While it can be treated, it is extremely debilitating and can set back the treatment for the underlying shoulder injury. The average settlement for these cases is often higher.

Some other serious shoulder injury cases, like labral tears, can lead to severe shoulder impingement. In some cases, they may require shoulder replacement surgery. However, the severity of the injury can vary widely. Even the nature of the surgery necessary can drastically affect the settlement amount. For example, an arthroscopy of the shoulder can cost far less than a non-arthroscopic surgery.

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