Shoulder injuries, including rotator cuff injuries, are among the most common workplace injuries. However, shoulder and rotator cuff injuries may also happen outside the workplace.
Because a rotator cuff injury can cause severe pain and disability, it is crucial to work with an experienced injury lawyer to obtain the benefits and compensation you deserve and need as you recover from a personal injury or workplace accident.
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What Is a Rotator Cuff Injury?
The tendons and muscles of the rotator cuff surround your shoulder and hold it in place. Your rotator cuff allows you to raise your arms upward.
Symptoms of a rotator cuff injury include:
- Severe pain or dull ache that worsens when performing specific activities, such as reaching above your head or lifting objects
- Muscle spasms
- Limited range of motion of the shoulder
- Excess fluid in the joint
- Difficulty sleeping
- Inflammation
- Cracking or grating sounds when moving your arm
- Arm weakness
A physician may order X-rays or an MRI to diagnose a rotator cuff injury. Depending on the severity of the injury, the treatment may include physical therapy, nonsteroidal anti-inflammatory medication, corticosteroid shots, and ultrasound therapy. Surgery may be required for severe rotator cuff injuries.
How Do Rotator Cuff Injuries Happen?
Rotator cuff injuries often occur over time because of repetitive activities. A worker may sustain a rotator cuff injury from pushing or pulling objects, repetitive lifting, and repetitive overhead tasks.
Workers in any industry may sustain rotator cuff injuries, but common occupations that have a high risk of rotator cuff injuries include:
- Factory and manufacturing workers
- Healthcare workers
- Certain professional sports
- Painting, carpentry, and electrical workers
- Construction workers
- Heavy machinery workers
Injuries and tears to the rotator cuff may also occur suddenly in an accident. The rotator cuff may tear because of a sudden or irregular jerking motion. An acute injury to the shoulder may occur in a car accident, a slip-and-fall accident, or another event.
Compensation for Rotator Cuff Injury Claims in Pennsylvania
A torn rotator cuff can result in a lengthy recovery and expensive medical treatments. Your injury can significantly impact your ability to earn an income for you and your family. Depending on the circumstances that led to your rotator cuff injury, you could be entitled to one or more forms of compensation.
Workers’ Compensation
If your rotator cuff injury is the result of a workplace accident or repetitive stress injury, you may be entitled to workers’ compensation benefits.
Pennsylvania workers’ comp benefits include:
- Payment for medical treatment, including physical therapy and rehabilitation
- Compensation for loss of income, including temporary total disability (TTD) and temporary partial disability (TPD) benefits
- Specific loss and disfigurement benefits
- Permanent total disability and permanent partial disability benefits
Securing these benefits can be critical to your recovery and your ability to support yourself and your family during this difficult time.
Third Party Claim
Workers’ compensation does not compensate you for pain and suffering damages. However, if your rotator cuff injury resulted from another party’s negligence or intentional torts, you may recover damages by filing a personal injury claim.
Personal injury claims can result in economic and non-economic damages including, but not limited to:
- Past and future medical bills
- Lost wages and earning capacity
- Pain and suffering
- Out-of-pocket expenses
- Impairments, disabilities, and scarring
- Diminished quality of life
- Mental anguish and emotional distress
- Physical therapy and rehabilitation
- Loss of enjoyment of life
A worker may have a third-party claim for personal injury damages. For example, if a defective piece of machinery caused their rotator cuff injury, the worker may have a workers’ compensation claim and a product liability claim. Talk with a Harrisburg workers’ compensation lawyer to discuss your legal options.
What Is the Deadline for Filing a Claim for a Rotator Cuff Injury?
The deadline for a workers’ compensation claim is generally three years from the injury date. However, you must report the injury to your employer within 120 days pursuant to Pennsylvania workers’ compensation laws. However, you should report a work-related injury as soon as possible.
If the injury is reported within the first 21 days, you can seek workers’ comp benefits from the first day of your injury. Otherwise, your workers’ comp benefits begin when you report your injury.
The Pennsylvania statute of limitations for personal injury lawsuits is different. You have two years to file a lawsuit for a personal injury case. The court can dismiss your lawsuit if it is filed after the deadline passes.
There are exceptions to the statute of limitations in civil cases. Therefore, it is best to seek legal advice from an attorney as soon as possible to avoid missing a deadline. An attorney helps you gather the evidence you need to prove your claim and seek compensation from all available sources.
Contact Our Harrisburg Personal Injury Lawyers for a Free Consultation
Rotator cuff injuries can seriously impact your ability to work, care for yourself, and maintain your quality of life. At Marzzacco Niven & Associates, we understand how challenging it can be to face mounting medical bills and lost income while trying to recover.
Whether your injury happened on the job or due to someone else’s negligence, our experienced attorneys will fight to secure the full benefits and compensation you deserve. Contact our Harrisburg office today to schedule a free consultation and learn how we can help you protect your rights and move forward.