When looking at occupational hazards that can affect workers across all industry sectors, shoulder injuries rank fifth among the most common reasons for filing a workers’ compensation claim. This is simply because there are many ways in which the shoulder can become injured, whether that’s from lifting heavy objects, performing repetitive motions, or sitting in awkward postures for prolonged periods. The stress and pain of a shoulder injury can be debilitating and life-altering, severely limiting your ability to perform workplace duties – and your financial stability. A well-negotiated lump sum payment for a shoulder injury can keep you financially sound while you heal, but securing one requires the right approach. In this guide, we’ll explore what a lump sum payment is and what it can do for you, factors to consider when seeking one, and 6 best practices to help you obtain a fair lump sum payment for your shoulder injury in Florida.
What Is A Lump Sum Payment & What Does Getting One Mean For You?
A lump sum payment is a one-time settlement that an injured employee may receive from their employer or their employer's insurance company for a work-related shoulder injury. This payment is meant to cover all the medical expenses, lost wages, and future damages that the employee may incur as a result of the injury. However, accepting a lump sum payment also means giving up the right to file any future claims or lawsuits related to the injury. Therefore, before making this decision, the employee should weigh the pros and cons of a lump sum payment carefully. Here are some of the possible benefits and drawbacks of a lump sum payment that you should consider:
Pros of a Lump Sum Payment for Shoulder Injury:
- It provides immediate financial relief and certainty for the employee and their family.
- It eliminates the hassle of dealing with insurance companies, lawyers, and courts.
- Without the restrictions imposed by workers’ comp insurance, you have flexibility in your medical care.
- A lump sum settlement can bring closure to the workers' compensation claim, allowing the employee to move forward with their life without the ongoing stress of dealing with insurance companies and medical providers.
Cons of a Lump Sum Payment for Shoulder Injury:
- It may not fully compensate the employee for the long-term effects and complications of the shoulder injury, such as chronic pain, disability, reduced earning capacity, or emotional distress.
- It may prevent the employee from receiving any additional benefits or compensation if their condition worsens or if they develop new symptoms or complications in the future.
- Your eligibility for other benefits or programs, such as Social Security Disability Insurance (SSDI), Medicare, or Medicaid, may be impacted.
- It may expose the employee to financial risks or losses if they mismanage or lose the money due to inflation, market fluctuations, fraud, or other factors leading to long-term financial difficulties.
Given these pros and cons, injured employees should consult with a qualified workers' compensation attorney to determine whether a lump sum payment for a shoulder injury is the best option for their unique circumstances.
What Factors Can Affect A Lump Sum Payment for a Shoulder Injury?
If you’ve considered the pros and cons above, and still want to pursue a lump sum payment for your shoulder injury, then the next step is to understand what factors can affect the amount you receive, and then what the best practices are for seeking a lump sum in Florida. Here is what can impact your total:
1. The Severity of Your Injury & Your Disability Rating. The severity of a shoulder injury and the resulting disability rating are critical factors that can impact the amount of a lump sum payment for a workplace injury. The more severe the injury and the higher the disability rating (Temporary Total Disability, Permanent Partial Disability, Permanent Total Disability), the greater the impact on an employee's ability to perform their job and earn a living.
2. The Medical Costs Associated With Your Injury. When you suffer a shoulder injury in the workplace, seeking out medical attention is one of the first things you will do. The medical costs you incur are considered a part of your treatment and recovery, and the amount of compensation you receive in a lump sum payment will consider these costs.
3. Your Lost Wages and Future Earning Potential. If you are unable to work due to your injury, you may be entitled to compensation for lost wages. Future earning potential is also considered, as the severity of your injury may impact your ability to perform your job and earn a living in the future.
4. Your Age, Geographic Location, Work & Medical History. Your age can impact the length of time it may take for you to recover and return to work, and therefore impact your lost wages and future earning potential. The geographic location you’re in can impact the cost of living and the average wages in your area, which can also impact the compensation received. Your work history can influence the type of work you can do following the injury, and your medical history can impact the severity of the injury and the necessary medical treatment.
5. The Need for Future Medical Treatment. When considering a lump sum payment for a shoulder injury sustained in the workplace, it's important to take into account the need for future medical treatment. The severity of the injury and necessary treatment can vary greatly, and this will impact the compensation amount you should receive. Not factoring in future medical treatment could result in financial instability, as you may not have enough funds to cover ongoing medical expenses. Therefore, it's crucial to thoroughly evaluate the extent of the injury and work with a professional to determine the appropriate amount of compensation that will cover both current and future medical treatment.
It is critical to remember that each case is unique, and the specific factors impacting your lump sum payment will vary depending on your specific circumstances.
6 Best Practices For Ensuring A Fair Lump Sum Payment For A Shoulder Injury
To ensure that a lump sum payment for a shoulder injury settlement is fair and adequate, injured employees should follow these 6 best practices:
1. Seek Medical Attention First: To ensure a fair lump sum payment for a shoulder injury, seek medical attention first and obtain a comprehensive medical evaluation from a qualified medical practitioner. This evaluation is essential for accurately determining the severity of the injury, the extent of the damages, and the future costs of treatment and rehabilitation. You will want to know what your disability rating is and have the physician calculate the Medical Treatment Utilization Schedule (MTUS)/Schedule of Loss of Use (SLU), which determines the number of workers’ compensation weeks that need to be paid out so that the shoulder injury can heal properly. This evaluation is essential for accurately determining the severity of the injury, the extent of the damages, and the future costs of treatment and rehabilitation.
You will also need to know the Schedule Loss of Use (SLU) or Medical Treatment Utilization Schedule (MTUS), which is the number of weeks you will receive workers' compensation benefits while your shoulder heals. The SLU or MTUS is based on factors such as the type and location of the injury, the degree of impairment, and the functional limitations. Additionally, the medical provider will measure the range of motion, review diagnostic tests, detect any underlying medical conditions, and determine the appropriate diagnosis and treatment plan, including any need for surgery. It's important to discuss these factors with your employer and workers' compensation attorney to ensure that the lump sum payment accurately reflects the severity of your condition.
2. Document All Relevant Information: To obtain a fair lump sum settlement, it is crucial to document all relevant information including medical bills, prescription costs, travel expenses, and any other out-of-pocket expenses incurred as a result of your injury. Additionally, document any lost wages, reduced earning capacity, pain and suffering, and emotional distress that you may have experienced. By keeping detailed records of all these expenses and losses, you can accurately calculate the value of your claim and provide evidence to support your demand for a fair settlement. This information can also be used by your attorney to negotiate with the insurance company and ensure that you receive the compensation you deserve.
3. Consult With A Qualified Workers’ Compensation Attorney: Consulting with a qualified workers’ compensation attorney in Florida is a must-do when seeking a lump sum payment for a shoulder injury, as they can assess your situation and provide you with valuable legal advice on your legal rights, and compensation eligibility. Plus, an experienced attorney will help you document all relevant information associated with your case, will negotiate on your behalf, and represent you in court if necessary.
4. What Are The Long-Term Consequences: Before accepting a lump sum payment for a shoulder injury, carefully consider the potential long-term implications of the decision, including the possibility of future medical expenses and the loss of ongoing workers' compensation benefits.
5. Don’t Hastily Accept the First Offer: The initial offer from the insurance company or the liable party may be tempting, but it is likely to be much lower than what you deserve. You should not accept any offer without consulting your lawyer first. You should also avoid making any statements or signing any documents that could jeopardize your claim.
6. Be Ready To Go To Trial: Sometimes, the only way to get a fair lump sum payment for a shoulder injury is to go to trial and let a jury decide your case. This can be a lengthy and stressful process, but it may also result in a higher award than what you would get from a settlement. Your lawyer can help you prepare for trial and present your case in the best possible light.
Conclusion: Navigating the Complexities of a Lump Sum Payment for Shoulder Injury
Obtaining a lump sum payment for a shoulder injury can be a complicated process, requiring a thorough understanding of workers' compensation laws, medical evaluations, and careful consideration of the potential long-term consequences of accepting a settlement. If you're struggling to navigate the process of obtaining a fair lump sum payment, reach out to Frank Eidson, a skilled workers' compensation attorney who can assist you in obtaining the compensation you deserve. Contact Frank Eidson and his team at (407) 245-2887, or visit his website at www.frankeidson.com.
