Shoulder injuries are common workplace injuries that can affect your ability to work, perform everyday activities, and earn a living. A shoulder injury can happen because of a specific workplace accident, such as a fall or lifting injury, or develop over time from repetitive work activities.
Work-related shoulder injuries can range from strains and sprains to rotator cuff tears, tendon injuries, dislocations, fractures, and other conditions that may require surgery or extended treatment.
If you have suffered a shoulder injury at work, you may be entitled to medical treatment, wage replacement benefits, and other Workers' Compensation benefits under New York law. In some cases, a permanent shoulder injury may also qualify for a Schedule Loss of Use award.
MCV Law's experienced Workers' Compensation attorneys help injured workers throughout Central New York understand their rights and pursue the benefits they may be entitled to.
What Causes Work-Related Shoulder Injuries?
Shoulder injuries can happen in many different types of workplaces. Some occur during a single accident, while others develop gradually from repetitive movements and physical demands.
Common causes of work-related shoulder injuries include:
- Lifting or carrying heavy objects
- Repetitive overhead work
- Reaching, pulling, or pushing
- Falling or slipping at work
- Being struck by an object
- Operating machinery or equipment
- Repetitive use of the arms and shoulders
- Repetitive stress from other physically demanding work
Workers in construction, manufacturing, landscaping, healthcare, transportation, warehousing, and other physically demanding occupations may be particularly susceptible to shoulder injuries.
Common Types of Work-Related Shoulder Injuries
A shoulder injury can involve muscles, tendons, ligaments, bones, nerves, or other structures in the shoulder and upper extremity.
Some common work-related shoulder injuries and conditions include:
- Rotator cuff tears
- Biceps tendon injuries
- Shoulder sprains and strains
- Shoulder dislocations
- Tendinitis and bursitis
- Fractures
The New York's Workers' Compensation Board has specific medical treatment guidelines addressing numerous work-related shoulder conditions, including rotator cuff tears, bicipital tendon disorders, bursitis, impingement syndrome, and other shoulder injuries.
Can Repetitive Work Cause a Shoulder Injury?
Yes. A shoulder injury does not necessarily have to result from one specific accident.
Repeated lifting, reaching, overhead work, pushing, pulling, or other physically demanding activities can contribute to a shoulder condition over time. In these situations, the injury may be considered a work-related occupational disease rather than the result of one specific accident.
If you believe your shoulder condition developed because of repetitive work activities, it is important to explain your job duties and how your symptoms developed to your medical provider and attorney.
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What Workers' Compensation Benefits Can I Receive for a Shoulder Injury?
Depending on the circumstances of your claim, New York Workers' Compensation may provide benefits for medical care and lost wages resulting from a work-related shoulder injury.
Medical benefits can cover treatment related to an established work-related injury. Wage replacement benefits may also be available when an injury causes you to lose time from work or reduces your ability to earn wages.
The amount and type of benefits available depend on factors including the nature and severity of your injury, your medical restrictions, your wages, and other circumstances of your claim.
Can a Shoulder Injury Result in a Schedule Loss of Use Award?
A permanent shoulder injury may qualify for a Schedule Loss of Use (SLU) award.
An SLU is an additional cash benefit that may be available when an injured worker has a permanent loss of function in an extremity. Under New York Workers' Compensation law, the shoulder is included within the upper extremity for purposes of an SLU evaluation.
To determine whether an injured worker qualifies for an SLU award, medical evidence is used to evaluate the permanent loss of function after the worker has reached maximum medical improvement. A shoulder injury that required surgery, resulted in restricted range of motion, or otherwise left you with permanent limitations may warrant an evaluation for a potential SLU award.
Not every shoulder injury results in an SLU award. Eligibility and the amount of any award depend on the medical evidence and the applicable Workers' Compensation guidelines.
What If I Injured My Shoulder in an Employer's Parking Lot?
Some workplace injuries happen before an employee has officially started work or after the employee has finished for the day.
For example, an employee may slip and fall on ice while walking into work or while leaving the workplace. Whether an injury in a parking lot or while traveling to or from work is covered by Workers' Compensation depends on the specific circumstances, including the location of the accident and the relationship between the accident and the employment.
An injury occurring on an employer's premises may be treated differently from an injury that occurs in a public or remote parking area. These cases can also involve questions about whether another party may be responsible for the condition that caused the injury.
If you were injured in a parking lot while arriving at or leaving work, it is worth having your specific circumstances reviewed rather than assuming the injury is or is not covered.
Could I Have a Personal Injury Claim in Addition to Workers' Compensation?
Sometimes, a workplace injury can involve potential claims beyond Workers' Compensation.
For example, if your shoulder injury was caused by the negligence of a third party, you may have a potential Personal Injury claim in addition to your Workers' Compensation claim.
This can arise in certain situations involving property owners, contractors, subcontractors, drivers, equipment manufacturers, or other third parties.
Whether you have a potential overlapping claim depends on the circumstances of the accident and who may be legally responsible. Because different deadlines and legal requirements can apply, it is important to have the circumstances evaluated promptly.
What Should I Do After a Work-Related Shoulder Injury?
If you injure your shoulder at work, consider taking the following steps:
- Report the injury to your employer. Follow your employer's procedures for reporting workplace injuries.
- Seek medical treatment. Tell your medical provider that the injury is work-related and explain what happened or how your symptoms developed.
- Follow your treatment plan. Attend recommended appointments and follow medical restrictions.
- Keep records. Save medical records, work restrictions, correspondence, and other documentation related to your injury.
- Do not assume your injury is too minor to matter. Some shoulder conditions become more serious over time or result in permanent limitations.
- Consider speaking with a Workers' Compensation attorney. An attorney can review your circumstances and explain what benefits or claims may be available.
Frequently Asked Questions About Work-Related Shoulder Injuries in New York
Does Workers' Compensation cover shoulder injuries in New York?
Yes, a shoulder injury may be covered by New York Workers' Compensation if it is work-related. Coverage can apply to injuries caused by a specific workplace accident as well as certain conditions that develop from repetitive work activities.
What shoulder injuries are covered by Workers' Compensation?
Potentially compensable shoulder injuries can include rotator cuff tears, biceps tendon injuries, shoulder dislocations, fractures, sprains, strains, tendinitis, bursitis, and other conditions when they are determined to be work-related.
Can repetitive lifting cause a Workers' Compensation shoulder injury?
Yes. Repetitive lifting, overhead work, reaching, pushing, pulling, and other repetitive activities can contribute to a work-related shoulder condition. A claim involving a gradually developing condition may be handled differently from a claim involving a single accident.
Can I get Workers' Compensation if I need shoulder surgery?
A work-related shoulder injury that requires surgery may qualify for Workers' Compensation benefits, including coverage for appropriate medical treatment and potentially wage replacement benefits. The specific benefits available depend on the circumstances of the claim.
Can a shoulder injury qualify for a Schedule Loss of Use award?
Yes. A permanent loss of function involving the shoulder may qualify for a Schedule Loss of Use award under New York Workers' Compensation law. An SLU evaluation generally takes place after maximum medical improvement has been reached and relies on medical evidence of permanent impairment.
How is a shoulder Schedule Loss of Use award determined?
The medical evaluation can consider permanent loss of function, including limitations in range of motion, along with other factors addressed by New York's Permanent Impairment Guidelines. The applicable percentage depends on the specific medical findings.
What if my shoulder injury happened in my employer's parking lot?
An injury in an employer's parking lot may be covered in some circumstances, but coverage depends on the specific facts. The location of the accident, whether the property is associated with the employer, and the circumstances surrounding the injury can all matter.
Can I receive Workers' Compensation and bring a Personal Injury claim for the same shoulder injury?
In some circumstances, an injured worker may have a potential third-party Personal Injury claim in addition to Workers' Compensation benefits. This can depend on whether someone other than the employer may be legally responsible for the accident.
What if my employer says my shoulder injury isn't work-related?
An employer or insurance carrier's position does not necessarily determine whether an injury is compensable. If your Workers' Compensation claim is disputed, an attorney can review the facts, medical evidence, and circumstances surrounding your injury to help determine whether you have a compensable injury.
How long do I have to report a work-related shoulder injury in New York?
New York Workers' Compensation claims have specific reporting and filing requirements. You should report a workplace injury to your employer as soon as possible and avoid waiting to seek medical attention or legal guidance if you are unsure about your rights. The New York Workers' Compensation Board provides claim filing resources for injured workers.
Can I still work after a work-related shoulder injury?
Possibly. Whether you can continue working depends on the severity of your injury, your doctor's restrictions, and the physical requirements of your job. Some injured workers continue working with restrictions while receiving appropriate medical treatment.
Get Help With a Work-Related Shoulder Injury
A shoulder injury can affect your ability to work today and your physical abilities for years to come. If you have suffered a work-related shoulder injury, you do not have to navigate the Workers' Compensation system alone.
MCV Law's Workers' Compensation attorneys have extensive experience helping injured workers throughout Central New York understand their rights and pursue the benefits they may be entitled to.
Contact MCV Law for a free consultation.
About the Author: Cory DeCresenza, Esq. is a Workers’ Compensation Attorney at MCV Law. With over a decade of deep legal experience, he represents clients across Syracuse and the greater Central New York region. Cory earned his degree, magna cum laude, from the Syracuse University College of Law, where he served on the Syracuse Law Review. A contributor to legal publications including Law360 and the New York Law Journal, Cory has written on developments in Workers’ Compensation law and appellate decisions impacting injured workers across New York State. Contact Cory: [email protected]