The shoulder is one of the most important joints in the human body. Because this ball-and-socket joint allows you to move your arms in all directions, a healthy shoulder is vital for nearly every activity in work and life.
Suffering a shoulder injury at work in NYC can be not only painful but also disruptive, preventing you from performing work-related tasks and enjoying your leisure time.
If you have suffered a shoulder injury on the job in New York, you may be eligible for compensation for the financial and psychological losses you have incurred. The experienced NYC workplace shoulder injury lawyers at The Perecman Firm, understand how challenging the aftermath of a workplace injury can be. Our attorneys are prepared to fight for the maximum compensation you deserve.
Call us today or contact us online to learn more about your legal options in a free and confidential consultation.
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Why You Need Help from Our NYC Workplace Shoulder Injury Lawyers
Filing an insurance claim or lawsuit is overwhelming, especially when dealing with the pain and other consequences of an injury. Consulting with our experienced New York shoulder injury lawyers can give you the confidence of knowing that a qualified legal professional is handling your case so you can focus on recovering.
The experienced attorneys at The Perecman Firm, have recovered more than half a billion dollars in settlements and verdicts for our clients. We are ready to put our skills to work for you, too. With over 40 years of legal experience, you can rest assured that we have the knowledge and resources to fight for the justice you deserve.
Common Types and Causes of Shoulder Injuries at NYC Workplaces
Some of the most common shoulder injuries suffered by workers in New York City include:
- Rotator cuff tears – Frequently caused by repetitive overhead reaching, lifting, pushing, and pulling motions
- Dislocations – Often caused by falls, being struck by objects, or sudden trauma
- Fractures – Caused by falls, being struck, or crushed by heavy objects
- Strains and sprains – Overexertion from repetitive tasks or attempting to lift objects that are too heavy, leading to tears or inflammation
Types of Workers Who Often Suffer Shoulder Injuries
Shoulder injuries can happen to workers in virtually any type of job in New York, but some occupations with high rates of shoulder injuries include:
- Construction workers – Lifting, carrying, demolition, operating heavy machinery, and overhead work can lead to strains and tears.
- Factory and warehouse workers – Repetitive assembly line and stocking tasks, as well as lifting heavy objects, can lead to overuse injuries.
- Delivery drivers and movers – Loading and unloading trucks and continually lifting packages strains shoulders over time.
- Janitors – Reaching to clean and repetitive scrubbing motions can irritate shoulder joints.
- Nurses – Transferring patients, lifting medical equipment, and reaching during procedures commonly cause shoulder injuries.
Labor Law Claims for Shoulder Injuries at NYC Construction Sites
Under New York Labor Laws 240(1) and 241(6), construction workers have the right to work safely and have protection from dangerous conditions that could cause injury. If a contractor or property owner's violation of these laws causes a shoulder injury, they can be held liable. Common scenarios include:
- Falling from an unstable scaffold or ladder onto the shoulder
- Being struck by a falling object and injuring the shoulder
- Using defective or unsafe equipment like lifting devices that cause shoulder strains
Even if the worker was partially at fault, defendants can still be held liable due to the nature of Labor Law 240(1). This law makes it easier for injured workers to recover compensation.
Workers' Compensation and Other Third-Party Personal Injury Claims
In addition to labor law claims against property owners and contractors, injured workers can also file:
- Workers' compensation claims – Workers' comp provides covered employees with partial wage replacement and medical benefits regardless of fault.
- Third-party liability claims – If another party’s negligence – someone other than your employer and co-workers – contributed to the injury, you could pursue a personal injury claim for medical expenses, lost wages, pain, suffering, and other compensation.
It may be possible to collect compensation from multiple claims. Our attorneys can thoroughly review your situation and advise you about the best legal strategies.
Statute of Limitations on NYC Workplace Shoulder Injury Cases
Workers have a limited time to file compensation claims for shoulder injuries at work in NYC. If you are filing a workers' compensation claim, you typically must do so within two years of the injury. If your shoulder injury resulted from an incident involving a party liable under Labor Laws or another third party, you typically have three years to file a personal injury claim.
In either situation, however, it is essential to begin the claims as early as possible. The sooner you contact our NYC workplace injury lawyer, the sooner we can start collecting evidence and building a strong claim for the compensation you deserve.
How Much Is the Average Compensation for Shoulder Injuries at Work?
The value of a shoulder injury case depends on the severity, treatment required, permanency of damage, lost earning capacity, and other factors. Because all cases are different, it’s not feasible to try to compare cases to obtain an average.
However, the types of compensation you might be entitled to recover include:
NY workers' compensation benefits
- Medical benefits – These benefits cover expenses related to the treatment of a workplace shoulder injury.
- Wage replacement – These benefits provide two-thirds of your average weekly wages, capped at a maximum amount, until the worker can return to work.
- Permanent partial disability – Workers' comp provides payment for a specific number of weeks, depending on which body part is affected and the percentage of permanent impairment.
Civil lawsuits
- Pain and suffering – Pain and suffering is not available in workers’ comp cases, but is available through successful personal injury claims.
- Lost wages – Civil suits can provide compensation for your total lost income during recovery, not just the percentage of wages provided by workers’ comp.
- Medical expenses – A personal injury lawsuit can also provide money to pay your medical bills.
What Do You Do If Your Shoulder Was Injured at Work?
If you suffered a shoulder injury at work in New York, key steps include the following:
- Report the injury to your employer immediately.
- Get medical treatment and save records documenting the diagnosis and care.
- Consult with our experienced NY workplace shoulder injury attorneys to understand your legal options.
How Our NYC Shoulder Injury Attorneys Can Help
Recovering compensation for a workplace shoulder injury in New York can be a challenging process. Let the experienced attorneys at The Perecman Firm, handle all aspects of your case. Our lawyers are ready to:
- Investigate the incident leading to your injury
- Fill out the necessary forms to file a claim or appeal a denied or undervalued one
- Negotiate with insurers for the maximum compensation you deserve
- Take your claim to hearings or trial, if necessary
- Appeal the decision if your workers’ compensation claim is denied
Contact our team today for a free consultation to learn more about how we can help you.