Workers’ Compensation for Shoulder Injuries

The shoulder is a remarkably complex “ball and socket” joint that allows for an incredible range of motion, but this same flexibility makes it one of the most vulnerable areas of the body to workplace trauma. Whether you are lifting heavy equipment at a manufacturing plant near the Port of Mobile, performing overhead electrical work in Downtown Mobile, or managing inventory at a distribution center in Chickasaw, a sudden snap or a gradual ache in your shoulder can be life-altering. In a fraction of a second, a slip on a wet floor or a crushing impact from heavy machinery can transform your daily routine into a medical emergency involving permanent scarring or disability.

Is a Shoulder Injury Covered by Alabama Workers’ Compensation?

Yes. If you sustain a shoulder injury while performing your job duties, it is almost always covered by workers’ compensation in Alabama. Alabama’s system operates on a “no-fault” basis, meaning you do not have to prove your employer was negligent to receive benefits. Whether you are an industrial worker in Mobile County or a contractor near the Mobile Aeroplex at Brookley, you are entitled to benefits even if the accident was partially your fault.

To qualify for these benefits, the injury must meet two critical legal tests:

• In the Course of Employment: This refers to the time and place of the injury. Were you on the clock and at your place of work or a location your job required you to be, such as a job site near Government Street?
• Arising Out of Employment: This refers to the cause of the injury. Was the shoulder damage related to a risk or hazard associated with your job, such as repetitive lifting or a fall from a height?

If you are a warehouse employee who suffers a rotator cuff tear from repetitive reaching or a construction worker injured in a fall, your injury clearly meets these criteria.

What Steps Should I Take Immediately After a Workplace Shoulder Injury?

The actions you take in the hours and days following a shoulder injury are vital for both your physical recovery and the success of your legal claim. Missing a deadline or failing to see the correct doctor can lead to a denial of benefits.

Seeking Medical Attention

Your number one priority is your health. For serious injuries, such as a dislocation or fracture, you should immediately go to the nearest emergency room, such as USA Health University Hospital or Mobile Infirmary. Under Alabama law, your employer generally has the right to choose the authorized doctor who treats you. You must see this authorized physician for your treatment to be fully covered.

Reporting the Injury

You must notify your supervisor or manager of the accident as soon as possible. Alabama law requires you to provide this notice, generally within five days, although you may have up to 90 days in certain circumstances. It is best to provide this notice in writing, clearly stating the date, time, and cause of your shoulder injury.

Documenting Evidence

If you are able, document the scene of the accident. Take photos of any defective equipment, unshielded machinery, or hazardous conditions that contributed to your fall. Collect the names and contact information of any witnesses who saw the incident. Ensure you file an official incident report with your employer and obtain a copy for your records.

Why Is a Shoulder Injury Classified as a “Body as a Whole” Injury?

How Long Can I Receive Workers’ Comp Benefits for a Shoulder Injury in Alabama?

In Alabama, workers’ compensation benefits for a shoulder injury typically continue until you reach Maximum Medical Improvement (MMI), with permanent partial disability (PPD) benefits capped at 300 weeks. While you are healing and unable to work, you receive Temporary Total Disability (TTD) benefits.

When you reach MMI, your doctor will assign an impairment rating. For shoulder injuries, the following applies:

• Body as a Whole Classification: Unlike a finger or a hand, which are “scheduled members” with fixed week-values, the shoulder is treated as an injury to the “body as a whole”.
• 300-Week Limit: Compensation for permanent partial disability to the body as a whole is paid for a maximum of 300 weeks, less any weeks of TTD already paid.
• Loss of Earning Capacity: Because the shoulder is “unscheduled,” compensation is not based solely on a physical rating but on your loss of ability to earn a living. This takes into account your age, education, and work history to determine how the injury affects your future career in industries like those found in the Mobile industrial sector.

Common Types of Workplace Shoulder Injuries

Workplace shoulder injuries are often complex, and their medical classification significantly impacts the value of your claim and the length of your recovery.

• Rotator Cuff Tears: These involve damage to the tendons that stabilize the shoulder joint. They often occur from falling on an outstretched arm or repetitive overhead reaching, a common risk for painters and assembly line workers.
• Shoulder Impingement: This occurs when workers must frequently raise their hands above their shoulders, causing tendons to rub against the shoulder blade. It leads to weakness and difficulty lifting the arm.
• Dislocations: A dislocation happens when the upper arm bone pops out of the socket, often causing severe pain, muscle spasms, and nerve damage.
• Bursitis: Inflammation of the fluid-filled sacs that cushion the shoulder joint. This is typically an overuse injury common in manufacturing settings.
• Fractures: A fracture to the humerus or collarbone can result from a direct blow or a heavy impact from machinery.

What Workers’ Compensation Benefits Are Available for a Shoulder Injury?

A serious shoulder injury requires extensive medical care and support. Your employer’s insurance carrier is responsible for 100% of all reasonable and necessary medical treatment.

Medical Benefits

These benefits cover a wide range of services without any co-pays or deductibles for the injured worker. Covered treatment typically includes:

• Emergency Care: Ambulance transport and initial stabilization at a local Mobile County hospital.
• Diagnostic Imaging: X-rays, CT scans, and MRIs to see the full extent of soft tissue damage.
• Surgeries: Procedures such as rotator cuff repair or labral repair, which often require specialized orthopedic care.
• Rehabilitation: Extensive physical and occupational therapy to restore movement and strength.
• Pain Management: Prescription medications and treatments to manage chronic pain and inflammation.

Wage Replacement Benefits

If your injury prevents you from working, you are entitled to benefits to replace a portion of your income.

• Temporary Total Disability (TTD): You receive two-thirds (66.6%) of your average weekly wage while you are completely unable to work during recovery.
• Temporary Partial Disability (TPD): Paid if you can return to “light-duty” work but earn less than your pre-injury wage.
• Permanent Total Disability (PTD): For the most catastrophic injuries that leave you permanently unable to perform any gainful employment.

High-Risk Industries in Alabama for Shoulder Injuries

Certain industries in Mobile County and the surrounding areas present a much higher risk for orthopedic injuries due to the nature of the work.

• Manufacturing and Industrial Plants: Workers in Mobile’s chemical plants and paper mills often work with heavy machinery and in awkward positions, leading to long-term strain.
• Construction Sites: Falls from scaffolding or ladders at local job sites are a leading cause of traumatic shoulder fractures.
• Maritime and Logistics: Forklift accidents and falling inventory at regional warehouses often result in crushing shoulder injuries.
• Healthcare Facilities: Workers can suffer shoulder strains while lifting or moving patients in hospitals like USA Health University Hospital.
• Utilities and Electrical Work: Linemen and electricians face risks from repetitive overhead work and electrical current impacts.

Why Might an Insurer Deny a Shoulder Injury Claim?

Even with clear medical evidence of an injury, insurance companies often look for reasons to reduce or deny your claim. Common tactics include:

How Is the Severity of a Shoulder Burn Classified?

While the source text discusses burns, shoulder injuries are classified by the depth of tissue damage: strains (muscles), sprains (ligaments), or full-thickness tears (tendons like the rotator cuff).

Insurers may deny these claims based on:

• Pre-existing Conditions: They may argue that your shoulder pain is due to a previous injury or natural aging (degenerative changes) rather than a work accident.
• Late Reporting: If you did not notify your supervisor within the required timeframe, the insurer may argue you failed to follow the law.
• Employee Misconduct: The insurer might claim you were injured because you willfully violated a safety rule, such as failing to use a required harness.
• Disputing Treatment: Adjusters may deny a specific procedure, like a necessary surgery or physical therapy, claiming it is not “reasonable or necessary”.

Third-Party Liability for Workplace Shoulder Injuries

Under Alabama’s “exclusive remedy” rule, you generally cannot sue your employer for negligence. However, if your injury was caused by a “third party”—someone other than your employer or a co-worker—you may be able to file a separate personal injury lawsuit.

This is a vital avenue to explore because a third-party lawsuit allows you to seek damages not available in workers’ comp, such as compensation for full pain and suffering. Examples include:

• Defective Products: If your injury was caused by a piece of equipment, such as a faulty ladder or machine guard, you could sue the manufacturer.
• Vehicle Accidents: If you are a delivery driver hit by a negligent driver on I-65, you can sue that driver in addition to collecting workers’ comp.
• Negligent Subcontractors: On a construction site, if an employee of a different company acts negligently and causes your injury, that company may be liable.

How Can a Workers’ Compensation Lawyer Help?

Navigating a complex shoulder injury claim while recovering from surgery is an overwhelming burden. An experienced Alabama lawyer can protect your rights and manage the entire process.

• Managing Communication: Handling every phone call and form from the insurance adjuster.
• Gathering Evidence: Securing witness statements, safety reports, and medical expert documentation to build a strong case.
• Fighting Denials: If your claim is denied over a technicality or a safety violation, we represent you in court.
• Maximizing Benefits: Ensuring that any permanent disability or disfigurement is properly rated so you receive a fair settlement.

Contact an Alabama Workers’ Compensation Lawyer Today

If you or a loved one has suffered a serious shoulder injury at work in Chickasaw, Mobile County, or anywhere in Alabama, you do not have to face this fight alone. The insurance company has professionals working to protect its interests; you deserve a dedicated legal advocate protecting yours. The legal team at Thiry & Caddell, LLP is committed to fighting for the rights of injured workers. We offer a free, no-obligation consultation to discuss your case and answer your questions.

Contact us today to schedule your appointment. You can reach us by phone at (251) 336-3627 or by filling out our online contact form. Let us put our experience to work for you.