Workers’ Compensation Disability Ratings

Depending on the severity of your worker’s comp shoulder injury, you may receive one of the following types of disability for the injury:

• Temporary Total Disability: If you have to miss more than about a week of work, you can get temporary disability benefits for your shoulder injury. Generally, you can expect to receive about two-thirds of your weekly earnings until you reach the cap.
• Permanent Partial Disability (PPD): If your shoulder injury is serious enough that you have permanently lost the use of it, you are covered under permanent partial disability. This is for workers who can only do a limited amount of work after their injury. The amount you can expect and the maximum you can receive depend on what state you are in.
• Permanent Total Disability (PTD): If your injury prevents you from working at all, you may be able to get two-thirds of your weekly earnings for the rest of your life. If you have a shoulder injury, it is very unlikely you will have a permanent total disability.

Lump-Sum Disability Settlement

Your disability settlement may be given to you in a lump sum. This is a one-time payment meant to cover treatment and lost time working. While it is a predetermined amount, you could instead receive the amount in installments, such as weekly or monthly payments.

While the exact amount varies, you will most likely receive about two-thirds of your salary before your shoulder injury. Some states put a limit on how long you can receive workers’ compensation payments.

For example, in New York, you can receive it for up to 525 weeks if you have lost all your earning capacity.

Going to Court

The lump-sum your employer offers you for your shoulder injury is usually all you will get — you most likely won’t be eligible for more medical benefits.

If you choose not to accept the lump sum, you can take your employer to court. If you win your case, you may receive more compensation than the lump sum would have offered you. On the other hand, you risk losing all the benefits if you lose.

Workers’ compensation laws vary by state, so you should always check your state laws before making a decision. It’s always best to contact an experienced workers’ comp attorney before making any important decisions when it comes to your benefits.