Visitor Question

Torn Bicep Muscle in Dominant Hand…

Submitted By: Ron (Plainveiw, NY)

I’m 65 years of age. I tore my bicep muscle at work while I was reaching up and carrying files. The doctor suggests I shouldn’t have an operation due to my age. So it appears I will be living with a huge bulge in my upper left arm with pain radiating to the top of my left shoulder.

Is there anything else I can do? I don’t want to be living with a huge bulge and pain for the rest of my life. Are they obligated to do the surgery if I request it? Will workers comp give me compensation for the pain if they can’t do the surgery and I have to live with it for the rest of my life? Thanks.

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.


Dear Ron,

You have a right to additional medical opinions, and they should be paid for by the workers compensation insurance company. Workers compensation has a duty to compensate you for a portion of your lost wages and medical bills. Unfortunately they aren’t required to pay for future pain and suffering. Your last recourse would be to rely on your own private medical insurance to pay for a doctor to perform the surgery.

You can also consider retaining an attorney and suing the insurance company for “bad faith” dealing in refusing to pay for required surgery. If you’re able to find an attorney to take your case you may be able to sue for your medical bills, out of pocket expenses, lost wages, pain and suffering, and “punitive” damages. Punitive damages are meant by the court to “punish” insurance companies for bad faith dealings in refusing to pay legitimate claims for medical assistance, but there must be convincing evidence.

Learn more here: Worker Partial Disability Claims

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 888-972-0892.

We wish you the best with your claim,


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