Shoulder injuries can interfere with work, especially when the job depends on lifting, reaching, pulling, or using the arm at shoulder height. If you need a shoulder injuries lawyer in Larchmont, we can explain how these claims get reviewed and where problems can start.
Some shoulder injuries improve with treatment. Others leave a lasting loss of motion or strength that continues after the first phase of care and may qualify for Schedule Loss of Use. In those cases, a Larchmont Schedule Loss of Use lawyer can explain how permanent loss of function may affect the claim.
At O’Connor Law, we bring 35 years of combined experience and a thorough understanding of how shoulder claims get reviewed under New York Workers’ Compensation.
What a Shoulder Injury Report Needs to Say
The first written report gives the employer and insurance carrier their starting point for a Workers’ Compensation claim. In New York, a worker must give notice within 30 days and include enough detail to show how the shoulder injury happened.
We tell workers to keep that report clear and specific from the start. In a shoulder claim, broad wording can create problems if the medical records later show loss of motion, weakness, pain with lifting, or trouble reaching overhead.
That written report should include the following:
- Where the accident happened
- The date of the accident
- The time the accident happened
- What happened before the injury
- What part of the shoulder area got hurt
- How the injury affected movement or strength
If you wait too long or leave out important details, the insurance carrier may question the claim. A Larchmont Workers’ Compensation lawyer can help you protect the claim by making sure the written notice and the early medical record reflect the injury clearly.
What Workers’ Compensation Can Cover After a Shoulder Injury
Workers’ Compensation can cover approved medical treatment and part of the wages lost after a work-related shoulder injury. A shoulder claim may involve imaging, physical therapy, injections, or surgery, depending on how the joint responds to treatment. Medical coverage can continue for causally related, necessary treatment under Workers’ Compensation.
Wage benefits follow a different track. In New York, those benefits usually depend on your average weekly wage from the 52 weeks before the accident, and benefits are generally based on up to two-thirds of the worker’s average weekly wage, subject to disability level and statutory limits. Even a partial loss of pay can put pressure on rent, groceries, and other monthly bills.
We work to make sure the shoulder injury is documented clearly, the medical proof stays current, and the claim keeps moving when the insurance carrier starts asking questions. If a doctor keeps you out of work, regular follow-up visits can affect whether benefits continue and how the carrier reviews the case.
Larchmont Shoulder Injuries Lawyer Near Me (914) 595-4502
How IMEs Can Affect a Shoulder Injury Claim
After a shoulder injury claim starts, the insurance carrier may schedule an Independent Medical Examination, also called an IME. That doctor does not treat you. The carrier chooses that doctor and uses the exam to review your condition.
The IME opinion can affect treatment, disability, and permanency. In a shoulder case, the carrier may use that report to argue for fewer benefits, less treatment, or a lower view of the injury than your own doctor supports.
We prepare clients for that process and review the IME report closely after the exam. If the IME does not match the treating doctor’s findings, the Workers’ Compensation Board can review both medical opinions as the case moves forward.
When a Shoulder Injury Reaches Maximum Medical Improvement
A shoulder claim can reach a point where treatment no longer produces meaningful change. In Workers’ Compensation, that stage is called maximum medical improvement, or MMI. It does not mean the shoulder healed fully. It means the condition has stabilized enough for the doctor to assess any lasting loss.
If the shoulder still shows limited motion or another permanent loss of function at that stage, the doctor may address permanency. That usually involves a Form C-4.3, which gives the Board and the insurance carrier a medical opinion about the lasting condition of the shoulder.
This is also the point where a shoulder injuries attorney in Larchmont can help move the case into the next phase. We track the medical proof, review whether the permanency opinion fits the record, and prepare for the next steps if the carrier disputes the doctor’s findings.
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How Schedule Loss of Use Applies to Shoulder Injuries
Some shoulder injuries heal, while others leave a permanent loss of motion that remains after treatment reaches a stable point. In that part of the claim, Schedule Loss of Use looks at measurable loss of function in the shoulder under the Workers’ Compensation guidelines.
Pain may still be part of the worker’s daily life, but that review focuses on measurable loss of function. For shoulder injuries, range of motion usually becomes a central issue once treatment reaches a stable point.
The process usually includes the following:
- The treating doctor submits a Form C-4.3.
- The insurance carrier may schedule an IME.
- If the doctors disagree, the case may move to depositions or written briefs.
- A judge decides the percentage based on the medical proof.
- Prior payments made while the worker stayed out of work may be deducted from the final award.
We raise this issue early for a reason. Workers should know what the Board measures and what can change the final award.
Returning to Work Does Not End the SLU Issue
Many workers ask if an award still applies after they return to work. In a shoulder case, Schedule Loss of Use can still apply if the injury leaves a permanent loss of function in the arm, even when the worker goes back to the job.
The law applies a percentage based on the level of loss supported by the medical proof. A lower percentage leads to a smaller award, while a higher percentage can increase the award.
We go over those numbers with clients before the case reaches that stage. Prior payments made while the worker stayed out of work may be deducted from the final award, which can affect what the worker receives at the end.
Get a Free Review of Your Case with a Shoulder Injuries Lawyer in Larchmont
You do not need to pay anything up front to speak with a shoulder injuries lawyer in Larchmont. At O’Connor Law, we handle Workers’ Compensation cases on a contingency basis. That means no retainers, no upfront costs, and legal fees are set by a Workers’ Compensation Law Judge and are only paid if there is a monetary award.
This approach allows injured workers to get answers early, without worrying about added financial pressure. We take the time to review the claim, explain how the process works, and identify any issues that could affect the case.
If you have questions about a shoulder injury claim, timing, or Schedule Loss of Use, we are ready to talk. We offer bilingual support and can explain what the claim may involve from here.
