A shoulder injury on the job can interfere with your ability to work and carry out everyday tasks. When this happens, you deserve guidance from a Yonkers shoulder injury lawyer who understands New York’s Workers’ Compensation system and can help you pursue the benefits available under the law.
Certain shoulder injuries lead to lasting impairment that may qualify for a Schedule Loss of Use (SLU) award. At O’Connor Law, we handle these evaluations regularly and explain how medical findings and loss-of-use percentages determine eligibility and compensation.
Contact us for a free case review with a Yonkers Schedule Loss of Use lawyer.
The Schedule Loss of Use (SLU) Process for Shoulder Injuries
Shoulder injuries can result in permanent limitations, including decreased strength, reduced mobility, or chronic pain. When this occurs, you may be eligible for a Schedule Loss of Use (SLU) award. An SLU is granted once your doctor determines you have reached Maximum Medical Improvement (MMI), which means your condition is unlikely to improve further.
Once MMI is reached, your doctor will assign a percentage that reflects the permanent loss of use of your shoulder. This percentage corresponds to a predetermined number of weeks of compensation under New York law. The insurance company may challenge your doctor’s assessment and require an Independent Medical Exam (IME), which could mean a lower rating.
Disputes are common, and having a skilled Yonkers Workers’ Compensation attorney can make a major difference in defending your rating and your right to higher compensation. If you receive an SLU award, prior temporary benefits paid by your employer or their insurer while you were out of work may be deducted from your final award in accordance with the judge’s decision.
Filing a Workers’ Compensation Claim With Help From a Shoulder Injury Lawyer Serving Yonkers
Whether your shoulder injury occurred due to a fall, an accident involving heavy equipment, an unexpected impact, or repetitive motions performed over many years, immediate action is needed to protect your right to pursue Workers’ Compensation benefits. New York Workers’ Compensation law is strict, and delays or mistakes can jeopardize your claim.
After an injury, your first responsibility is to notify your employer in writing within 30 days of the incident. This notice should clearly outline:
- The date, time, and location of the injury
- What took place leading up to the accident
- The nature of your shoulder injury and your initial symptoms
- The names of any witnesses who observed the event
Creating a strong paper trail is essential. Early and accurate reporting often determines whether a claim is accepted or denied. Failing to meet the 30-day reporting requirement could affect your eligibility for Workers’ Compensation benefits.
Our experienced Yonkers Workers’ Compensation lawyers can help you through this phase and every step that follows. Reaching out to a lawyer as soon as possible is the best way to ensure that all deadlines are met and that your case proceeds smoothly.
Yonkers Shoulder Injuries Lawyer Near Me (914) 595-4502
Medical Evidence Provides the Foundation for Every Successful Claim
After a workplace shoulder injury, immediate medical evaluation helps protect your health and also helps ensure the validity of your Workers’ Compensation case. No matter how straightforward your injury seems, the insurance company will not accept your claim without thorough medical documentation from a licensed and authorized physician who is certified by the Workers’ Compensation Board.
To support your Workers’ Compensation claim, your medical records must clearly establish:
- A formal diagnosis of your shoulder injury
- Confirmation that the condition is directly related to your job, or a direct consequence of the initial job-related injury
- Recommended treatment, such as surgery, physical therapy, injections, or medication
- A statement regarding your current degree of disability as it relates to your work status
In addition to getting evaluated as soon as possible, it is equally important to follow your doctor’s treatment plan exactly as prescribed. If you fail to attend appointments, skip physical therapy, or discontinue medication without approval, the insurance carrier may argue that your lack of compliance worsened the injury or slowed your recovery.
Workers’ Compensation Benefits You Can Pursue Following a Shoulder Injury
Shoulder injuries can limit your range of motion, prevent you from lifting or carrying objects, and make it impossible to complete your regular job duties. For many workers, this leads to lost wages, ongoing medical treatment, and long-term functional loss. New York’s Workers’ Compensation system provides several types of financial relief intended to offset these burdens.
Understanding what Workers’ Compensation does and does not cover can help set realistic expectations. While personal injury lawsuits may include pain and suffering or broader economic damages, Workers’ Compensation benefits are limited primarily to medical care and lost income.
Medical Expenses
Workers’ Compensation should pay for all reasonable and necessary medical treatment associated with your shoulder injury, including:
- Emergency room care
- Diagnostic tests such as MRIs, CT scans, or X-rays
- Shoulder surgery, rotator cuff repair, or related procedures
- Physical or occupational therapy
- Pain-management treatment
- Prescription medications and medical devices
To ensure these costs are covered, you must use a doctor authorized to treat Workers’ Compensation patients. These providers bill the insurer directly, which means you should not face copays, deductibles, or out-of-pocket expenses for approved treatment.
Lost Wages
If your shoulder injury prevents you from working for more than seven days, you may be entitled to weekly cash benefits for your lost income. If eligible, these payments are calculated at two-thirds of your average weekly wage (tax-free) for the 52 weeks preceding the injury, subject to statewide maximums.
Although this compensation will not fully replace your income, it provides essential financial support while you recover.
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Reduced Benefits and Return-to-Work Pressure
Your employer cannot legally force you to return to work before your doctor clears you. Many workers still feel pressured to go back early. Returning too soon or taking on outside work before you have fully recovered can lead to a reduction or suspension of your benefits.
If you believe your employer is pushing you to resume duties prematurely, our knowledgeable Yonkers shoulder injury lawyers are prepared to protect your rights and help ensure you are not taken advantage of by your employer.
Common Mistakes to Avoid When Pursuing Workers’ Compensation Benefits
Successfully pursuing a Workers’ Compensation claim requires avoiding several pitfalls that can harm your case.
Don’t Communicate Directly With the Insurance Company
Insurance adjusters may act friendly or helpful, but their primary objective is to limit payouts. If they contact you, do not offer statements, explanations, or details. Simply refer them to your Yonkers shoulder injury attorney.
Decline Any Offers Made by “Nurse Advocates” or “Care Coordinators”
These individuals often present themselves as dedicated helpers, but they work for the insurance company, not for you. Their main function is to monitor your treatment and collect information that can reduce the insurer’s financial responsibility. You are under no obligation to accept their involvement.
Never Pay Medical Expenses Out of Your Own Pocket
If a provider asks for private insurance or personal payment, they may not be authorized to treat Workers’ Compensation patients. You should politely decline and seek treatment from an approved doctor. You should not personally bear any medical expenses from a work-related shoulder injury.
Speak With an Experienced Shoulder Injury Attorney in Yonkers Today
A workplace shoulder injury can affect your health and your ability to work. An experienced shoulder injury attorney serving Yonkers can provide the support, guidance, and legal protection you need. With more than 35 years of combined experience, O’Connor Law can handle stubborn insurance companies to help you pursue the benefits available under New York law.
Contact us today to schedule your free case review with our compassionate team. You will never owe us anything upfront.
We work on a contingency fee basis, meaning we only receive a fee when there is a monetary award in your case. The insurance company has a legal team; why don’t you?
