According to the 2023 Florida workers’ comp settlement chart, the average workers’ comp settlement for a sprain or strain to the upper extremities, like a torn rotator cuff, ranges from $20,000 to $23,000. However, the average workers’ comp benefits for such injuries can go up to $33,000.
However, not all torn rotator cuff injuries are covered by workers compensation. To be eligible for benefits, you must prove they are work-related.
Unfortunately, most rotator cuff injuries are cumulative. Meaning they develop over time due to wear and tear. As such, proving that they are work-related can be a challenge.
Besides, the extent and severity of torn rotator cuff injuries vary widely. So, there’s a good chance you’ll receive much more or less than the average workers’ comp settlement for a torn rotator cuff.
Here’s a quick guide to determine how much you’re entitled to and ensure you don’t get shortchanged.
UNDERSTANDING TORN ROTATOR CUFF INJURY
Rotator cuff tears happen when the tendons connecting the muscles to the shoulder bones are ripped. In most torn rotator cuff injuries, the tendon is stripped away from the bone.
If you didn’t know, tendons are essential to our bodies. Aside from connecting our muscles to our bones, this group of tissues also allows us to move our limbs. They also prevent muscle injury by absorbing the impact of our movements.
So, when the tendon is ripped away from the bone, as in the case of a torn rotator cuff, it can cause tremendous pain. It can also restrict you from raising your arm or lifting things you used to lift.
A torn rotator cuff is a common injury, especially if your daily activities involve moving or using your arms. Baseball or tennis players, painters, and window cleaners are especially prone to such injury.
As I’ve mentioned, a rotator cuff tear usually develops over time due to wear and tear. But it can also happen due to an accident or lifting something heavy.
Depending on your injury, treatment for a torn rotator cuff can range from pain relievers to full-on surgery. You might be advised to rest your shoulders for a few days if it’s a slight tear. However, severe cases may need shoulder replacement surgery.
The recovery period from a torn rotator cuff surgery can take 4 to 6 weeks. Though, in some cases, it can take longer, especially if it’s a complete tear. And even if you’re allowed to return to work, you may still have some light-duty restrictions to allow your shoulder to heal fully.
A torn rotator cuff can lead to more serious complications if left untreated. Your shoulder joints may deteriorate, or worse, you could lose the ability to move your shoulder permanently.
HOW TO DETERMINE WORKERS COMP SETTLEMENT FOR TORN ROTATOR CUFF
You could be eligible for benefits if you prove that your torn rotator cuff is work-related. Your workers’ comp settlement usually includes medical benefits and lost wages compensation.
To determine how much your workers’ comp settlement should be, you need to understand how those benefits are calculated.
As per Florida law, your insurance provider should pay for all necessary medical treatments and expenses. This includes emergency services, medical treatments, medications, surgeries, and rehabilitative therapies (if required).
However, the law also states that the insurance company must accredit your treating doctor for you to be eligible for medical benefits.
Your doctor should submit all authorized medical bills to your insurance provider. You shouldn’t pay for any medical procedure as long as your doctor authorizes it.
LOST WAGES COMPENSATION
To calculate lost wages compensation, a work-related injury is classified into four:
- Temporary partial disability (TPD)
- Permanent partial disability (PPD)
- Temporary total disability (TTD)
- Permanent total disability (PTD)
Each of the classifications above carries different lost wages compensation rates. However, in most cases, you’ll be paid 66 2/3% of your average weekly wage from before your injury.
In Florida, however, you’ll only be paid for the first seven days of your disability if your time off from work exceeds 21 days. Temporary disability benefits will also be paid for a maximum of 104 weeks or when you reach MMI, whichever comes first.
WORKERS’ COMPENSATION FOR SHOULDER INJURY REQUIRING SURGERY
Workers’ compensation in Florida does cover shoulder injuries that need surgery. The average settlement amount for a shoulder injury requiring surgery can vary. But it is expected to be around $200,000 on average.
The amount of lost wages reimbursement is 66 2/3 of the injured person’s average weekly wage. But, severe injuries may entitle them to receive up to 80% of their average weekly wage.
Shoulder injuries in the workplace may need treatments. Treatments include surgery, complete shoulder replacement, steroid injections, physical therapy, and rest. These can be costly due to the need for surgery and rehabilitation—as well as long-term medication and the potential impact on the injured person’s ability to work.
LUMP SUM PAYMENT FOR SHOULDER INJURY
The lump sum payment for a shoulder injury in Florida can vary. It will depend on the severity of the injury, medical treatment required, and other factors. Here are some estimates:
- The average workers’ compensation settlement amount for a shoulder injury in Florida is between $25,000.00 and $175,000.00. However, it’s important to note that each case is unique, and actual settlement amounts may differ.
- Severe shoulder injuries that need surgery may result in higher settlement amount of around $200,000.
- Settlements for shoulder injuries resulting from car accidents in Florida can be around $130,000 to $525,000. This depends on the specific circumstances of the case.
Lump sum settlements for shoulder injuries in workers’ compensation cases can depend on factors such as the extent of the disability, lost wages, and the individual’s average weekly wage.
SHOULD YOU HIRE A LAWYER?
Legally, you’re not required to hire a workers comp lawyer. But we strongly recommend that you do so.
Having an experienced workers comp lawyer like Victor Malca working for you will significantly increase your chances of getting the benefits you deserve. He knows how the state’s workers’ compensation law works and how to use them to your advantage. He has already helped thousands of injured workers in Florida fight for their benefits. He can help you get yours, too. Call us now for a free consultation.
VICTOR MALCA – Florida Workers Compensation & Social Security Disability Attorney
Victor Malca P.A. has over 27 years of litigation experience in Workers Compensation and Social Security Disability lawsuits. His experience and continued success when fighting for his clients puts him among the most trusted workers’ compensation attorney’s in Florida. He specializes in representing injured workers on compensation benefit cases and disabled individuals claiming lost social security disability benefits.
Book a free consultation today. Our unwavering advocacy for employee rights and privileges are recognized by our past clients across South Florida.
About The Author
Judy Ponio is a writer and editor for the Victor Malca Law P.A. website and blog. She enjoys helping people in need with questions about social security disability and workers compensation law. She has a passion for helping those in need and the elderly with accurate legal information that can make a positive difference in their lives.