Injuries in workplaces are prevalent. The most common work-related injuries in California today are shoulder or elbow injuries. They affect workers from diverse fields and workplaces and of all ages. The most affected are those whose main task is to lift, move, or push heavy objects. You could also suffer a shoulder and elbow injury if you pull, stretch, or perform repetitive motions with your hand a lot at your place of work. More severe shoulder and/or elbow injuries result from workplace accidents, like slips and falls and machinery failure.
The good news is that those who sustain workplace injuries in California could be eligible for compensation under the Workers’ Compensation Insurance Benefits. These benefits help the injured seek adequate medical attention and cater to their needs before they resume work. If you suspect that you or your loved one have a work-related shoulder and elbow injury in Los Angeles, talk to us at The Workers Compensation Lawyer Law Firm. We could walk you through all the legal processes necessary to ensure you receive the benefits you deserve.
Shoulder and Elbow Work-Related injuries
Your place of work should be safe for you, your colleagues, and anyone that visits it. However, people sustain injuries even in the safest workplaces. California law mandates employers to put safety measures in place to ensure that all workers are safe as they perform their daily tasks. Some accidents are inevitable, while others result from human error. Either way, workers must be covered under the Workers’ Compensation Insurance Scheme to ensure they obtain enough money to seek treatment after a work-related injury. The benefits also help them with their daily needs until they earn again.
Accidents happen all the time. They could occur to any person, even the most careful, and they could occur anywhere, even in the safest environment. Injuries to the shoulder and/or elbow are common workplace injuries that affect thousands of workers across the globe every year. Your likelihood of sustaining a shoulder and/or elbow injury mainly depends on your work and daily responsibilities. People who use their hands to perform most tasks are likely to injure their shoulders and elbows. For instance, if you are required to lift or move heavy stuff daily, you will likely suffer an injury over time.
You could also sustain a shoulder and elbow injury after a workplace accident, like a heavy fall or trauma to either of these areas. An awkward stance while working or performing physical tasks could contribute to injuries or increase your chances of suffering an injury. Here are the most common factors that result in work-related shoulder and elbow injuries:
- Performing repetitive movements or motions with your hands
- An incorrect or awkward posture while working
- Engaging in strenuous labor, like heavy lifting or pulling
- Workplace accidents like falls and trauma
This is not a complete list of factors that could cause an elbow or shoulder workplace injury. Also, not all workers are affected by the same activities. Some people will perform repetitive motions with their arms and not sustain a serious injury. Your injury could be caused by one or more of these or other contributing factors. The severity of workplace injuries will also vary from one person to another. Some people experience mild pain after strenuous work, and the pain disappears after rest. Others could be severely affected and become temporarily or permanently disabled.
Some shoulder and elbow injuries affect an individual's ability to work or perform basic tasks with the affected hand. Other injuries result in injuries in other parts of the body. For instance, an injury to your elbow could affect your shoulder and wrist performance. Severe damage to your elbow or shoulder could also affect your nerves, making it a more severe injury requiring extensive treatment and longer recovery periods.
Some shoulder and elbow injuries occur over time. If you perform tasks requiring repetitive motion, heavy pulling, lifting, or reaching, you will not experience pain in your shoulder or elbow after every performance. The damage occurs over time and could be severe after years of working in the same job. But similar injuries occur instantly, for example, after a heavy fall or machinery malfunction. Whatever the cause of your injury, you deserve compensation to seek proper medical treatment and take care of your needs until you can resume work.
Recovering from a shoulder and elbow injury could take a short or long period, based on the severity of your injury. Some injuries only require medical treatment and physical therapy. Working again in the same or similar job after a few therapy sessions is possible. But severe injuries at the shoulder or elbow could require you to undergo a surgical operation. After the procedure, you can undergo a few sessions of physical therapy to regain the functionality of your hand. But, some injuries could result in permanent disability. It means that you will not be able to use your arm to perform the same tasks you are used to.
Common Shoulder and Elbow Workplace Injuries
Here are some of the common injuries on the shoulder and/or elbow that you could sustain in your workplace under varying conditions:
Bursitis Injuries
Bursitis occurs when the bursae, or the fluid-like sacs that protect the tendons, bones, and muscles near your joints, become inflamed. A severe injury will hinder your performance with the affected arm.
Bursitis affects the shoulder and elbow near joints and results from frequent, repetitive motion. The pain and inflammation can quickly go away after a rest. But you need proper treatment if the inflammation continues or recurs.
The common symptoms of bursitis include feeling stiff or achy, more pain when you move your arm or press the affected part, and swelling or redness. See a doctor if the pain does not go away after a rest. Also, seek immediate medical attention if:
- You experience disabling pain in the affected joint
- Suddenly you cannot move the joint
- There is excessive redness, swelling, or rash in the area
- You experience a sharp or shooting pain when you exert yourself
- You have a fever
Rotator Cuff Tendinitis
Rotator cuffs are groups of muscles and tendons around your shoulder joint that enable you to move your arms forward, backward, and around. Rotator cuff tendinitis occurs when the cuff tendons and surrounding area are in pain or swelling. The injury does not happen at once but over a long period after repeated irritation to the affected area. You could sustain rotator cuff tendinitis if you perform heavy lifting or pulling or constantly lift your hands overhead.
If you experience mild pain and swelling, resting and taking a break from regular duties could cause the pain and swelling to subside. But, a more severe injury on your rotator cuff will require extensive treatment, including medication, surgery, and physical therapy.
Shoulder Dislocation
A dislocation happens when your arm's upper bone pops out of its socket on the shoulder blade. The type of dislocation you experience depends mainly on the kind of work you do. For instance, you could suffer an upward, downward, forward, or backward shoulder dislocation. A dislocation leaves the surrounding tissues susceptible to stretching and tear, which aggravates the damage and extent of your injury.
The leading causes of shoulder dislocations are extreme arm rotation, slips and falls, and a traumatic blow to the shoulder. The signs to watch out for include pain, bruising, swelling, inability to move the joint, weakness, tingling, or numbness.
Broken Collarbone
A collarbone connects your shoulder blade and the upper part of the breastbone. A broken collarbone could occur for various reasons, including a fall and trauma to the shoulder. Minor cases of broken collarbones heal over time with pain relievers, ice, a sling, and physical therapy. But complicated breaks could require surgery to realign the fractured bones and implant screws, plates, and rods into the bone. These are necessary to keep the bones in place during the healing period.
The signs of a broken collarbone include tenderness, pain that intensifies with movement, swelling, bruising, a bulge on the affected shoulder, stiffness, and an inability to move the shoulder. Seek medical attention immediately if you start experiencing pain and other symptoms.
Strain and Sprains
Repetitive motion, pulling, or pushing could cause muscles in your elbow or shoulder to stretch and tear. Sometimes strains occur when one shoulder remains in the same position for an extended period, primarily if you constantly carry heavy stuff for hours. Maintaining a bad posture when working on your computer could also strain your shoulders.
A shoulder sprain is more severe. Sprains or separated shoulders occur when ligaments supporting and stabilizing your shoulders are severely stretched and torn, causing the joint to become separated. Sprains could occur due to a severe fall or trauma from a blunt force to the affected area. Symptoms could include swelling, bruising, pain, weakness, and an inability to move the shoulder joint.
The Workers' Compensation Benefits
Workers' compensation benefits are an insurance program that provides benefits to workers that suffer injuries at work or those that become sick from a work-related cause. The benefits program also includes disability benefits, death benefits, and missed wage replacements. They reduce an employer's liability for work-related illnesses and injuries. Employers must carry insurance for all their employees to ensure that each worker can obtain benefits in case of a workplace injury or disease. Failing to do so could result in criminal charges against the employer, a conviction that could attract a severe penalty, and possible time in jail.
But, a worker's injury or illness must be related to their work to receive benefits through this program. The law states that workers' compensation benefits must only cover employee injuries arising from and during employment. It means that you are only eligible for payments if you became ill or sustained injuries while working or because of your work. If you were involved in an accident while performing another duty outside your job, you lose your right to claim compensation even if you were working on the day of the accident.
Some injuries at work occur right after an accident, while others are experienced way after you are injured. Most shoulder and elbow injuries occur over time and worsen as you continue to work. Thus, it is impossible to tell how long your injury has been ongoing, especially if it started with minor symptoms that only worsened over time. You should report a workplace injury to your employer immediately after you notice it.
The law requires you to notify your employer of your injury at least 30 days after you have been hurt or after realizing that you are hurt. You should also file an official claim for workers' compensation by filling out a form that your employer will provide. Once you fill in the form, return it to your employer. Filling and returning the form within 30 days of the injury will also serve as written notice of your injuries.
If your injury occurs right after a workplace accident, you probably will not have time to choose the hospital or doctor to visit. The people with you at the time will rush you to the nearest facility, where you will receive treatment. If your injury occurred over time and you have notified your employer, the insurance company will have you choose a doctor or healthcare group within a given network. But if you had notified your employer before the injury that you preferred being treated by a specific doctor or in a particular healthcare facility, you will be exempted from choosing a doctor from a network of doctors provided by the insurance company.
Remember that every employer must carry workers' compensation insurance for their employees. If the employer does not have workers' compensation insurance and you have suffered a workplace injury, you can file a lawsuit against them in civil court. Thus, you should be able to obtain adequate compensation from your employer for your damages, including suffering and pain damages, which are typically unavailable in workers' compensation cases. Even after filing a lawsuit against your boss, you could still file a workers' compensation claim. Thus, if the employer fails to pay, you will still have adequate compensation to seek medical treatment and cater to your other needs.
How To File for Workers' Compensation Benefits After a Workplace Shoulder or Elbow Injury
If you have been diagnosed with a workplace shoulder or elbow injury, you should be able to recover benefits through the workers' compensation insurance program. The benefits will enable you to seek proper medical treatment for your injuries and cater to other expenses incurred during recovery. You will also be covered for missing work due to your injuries. But you must follow the proper procedure when seeking compensation from the program.
The first requirement would be to notify your employer of your workplace injury. You are eligible for compensation even if you no longer work at the job that caused your injuries.
Also, ensure that you fill out the correct claim forms provided by your employer. In the claim form, provide a detailed account of how your injury occurred and the kind of medical treatment you need to recover fully. You should also include the benefits for which you seek compensation.
You must seek proper diagnosis and medical treatment for your injury or illness. A doctor's report is required to verify that your injuries are work-related. Note that if you are injured in a workplace accident, notify your supervisor or employer immediately after the accident happens.
Once you fill out a claim form provided by your employer, your employer is required to file the form with the insurance provider on your behalf. Ensure that you have a copy of that form. Also, keep all relevant documents safe, including medical reports and receipts, as they can be helpful evidence if you need to file a suit against your employer.
Your employer will send your filled claim form to an administrator. The administrator will determine your eligibility for compensation based on the information you have provided in the form. They will also investigate your claim to determine the possibility of other factors causing your injuries. You should continue receiving medical care during this period. You could pay for your medical needs and other expenses or seek financial help from your employer. Your employer will inform you if the insurance company has accepted or denied your claim. If the administrator approves your claim, you will receive a notification about the benefits you should obtain and for how long.
The workers' compensation program provides a wide range of benefits based on the type and severity of a worker's injuries. Thus, you could receive a few or all of these benefits once the administrator approves your claim:
Medical Benefits
You will require medical treatment to recover if you have been injured or become ill due to a work-related cause. The expenses you will incur while undergoing treatment could be more than you or your family can provide. Thus, you deserve compensation to ensure that you can pay for all your medical needs until you attain full recovery. Therefore, you should receive enough money to cover all the medical-related expenses you will likely incur. The program provides benefits for a particular period within which you must have recovered from your injuries.
Temporary Disability Benefits
These benefits will compensate you for lost wages if you cannot work for a while after your workplace injury. Temporary disability benefits do not cover your total wages, but you should receive an adequate amount to cater to your personal needs until you can start working again. The benefits will stop when you resume work.
Permanent Disability Benefits
These are benefits you receive if your workplace injury has made it impossible for you to engage in gainful employment. Some people suffer permanent disabilities after workplace injuries. In that case, you will need part of your wages to cater to your daily expenses.
Job Displacement Benefits
Some workers cannot return to their job after a work-related injury. It could be that your injured elbow or shoulder has made it impossible for you to work in the same position again. In that case, you will need financial hello to master new skills and training that will enable you to work in another field. Once you have unique skills, you should be able to find another job. Thus, these benefits will stop when you start earning again.
Why You Need Legal Help
Hiring a skilled workers' compensation lawyer is an essential step in this process. Lawyers make the legal process smooth. They eliminate any obstacle that could get in the way and hinder you from obtaining a favorable outcome.
For instance, you will likely experience many issues when filing for workers' compensation after a work-related injury. Remember that some employers do not have insurance coverage for some or all of their employees. Other times, an administrator could deny a claim on various grounds. You need legal help to fight for and ensure you receive your benefits.
Your lawyer will also help you file a lawsuit in a civil court if it is necessary, depending on your situation. They will also represent you in court during all hearings and protect your rights through all legal processes.
Find an Experienced Workers' Compensation Lawyer Near Me
Have you or someone you know suffered a work-related injury on their shoulder or elbow in Los Angeles?
You could be eligible for compensation under the workers' compensation insurance program. It is an insurance program that compensates workers for damages incurred after a workplace injury or illness. You will need legal help to go through the process smoothly. We offer advice, support, and guidance to our clients at The Workers Compensation Lawyer Law Firm to ensure they file successful compensation claims when injured at work. We do not rest until you obtain a fair outcome for your case. Call us at 424-501-9228 to learn more about our services and how we could help with your issue.