Visitor Question

SLAP tear in right shoulder from running a jackhamer…

Submitted By: M (Kissimmee, FL)

I acquired various injuries to my arms and shoulders while working for a temp place in Florida, running a jackhammer. The MRIs show numerous ligaments and tendons in my arms and elbows, as well as my right shoulder are partially torn. I was also diagnosed with a SLAP tear (superior labrum, anterior to posterior) in my right shoulder.

I’m wondering how much these types of injuries are worth? How do I get workers comp to pay for my treatment and my lost income while I’m out of work? I’ll probably have to spend a long time recovering from these injuries.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear M,

The amount and duration of your workers’ compensation coverage is normally dependent on the type of injury, or disability you sustained. There are four (4) types of disability upon which the amount and duration of your benefits will be based.

Temporary total disability

This is the most common. It’s an on the job injury which prevents you from working at all, but for limited amount of time. Benefits normally end when you’re all medically cleared to return to work.

Temporary partial disability

This refers to an in the job injury which prevents you from doing some, but not all of your job duties for a limited amount of time. Benefits normally end when you’re medically cleared to resume all of your former job duties.

Permanent total disability

This refers to an on the job injury which prevents you from ever returning to work, whether for your current employer or another employer. If the injury resulted in death, benefits will be paid to immediate family members for as long as state law permits.

When death is not the result of the injury you have the option of retraining for a new and different type of work. Once you begin a new job your benefits will cease.

Permanent partial disability

This refers to an on-the-job injury which is permanent, but the injury only partially impairs your ability to work. This is the most controverted type of disability, as injured employees often disagree with the medical determination that their ability to work is only partially impaired, when they have already been determined to be permanently disabled.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: June 21, 2013

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