Visitor Question

What can I do after second rotator cuff injury 5 months after surgery?

Submitted By: Patricia (Fisherville, Kentucky)

April 5th 2017 I torn my rotator cuff on the job, everyone I needed to inform I did. I have since re-injured the same arm again on the job. When I informed the appropriate people, nothing was done. That was January 31. I went back to the surgeon 2/22/2018 and am now waiting for another MRI on same arm because of the same pain.

My employer still had me on light duty but doing more than 1 job. He has put me off work until 3/08/2017 until after the MRI. My point is I have not been able to work any overtime, and face the possibility of being off a few months again because other people failed at their jobs.

OSHA has been in the building because of multiple injuries for unsafe work environment yet was only there for 3 hours. Myself and another worker both had the same surgery maybe a month apart. There is also a gentlemen there now that was injured, and they’re claiming his injury is not job related. They tried to deny the other gentleman with same injury as mine.

I’m having to go through all of this treatment and pain again because no one listens. April 5 will be a year since the initial injury, and the way they treat people with injuries sickens me. Surgery was September 8, 2017 and it’s sad to have to start all over again because the company refuses to hire more workers.

Is there anything I can do? 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 Patricia,

It appears your injuries prevent you fulfilling your job duties. Your employer, for whatever reason appears not to want to cooperate in assisting you. Instead of your having to start all over again you might consider Vocational Rehabilitation.

In Kentucky, a worker who has suffered an injury is entitled to Vocational Rehabilitation for as long as it takes for the worker to accomplish physical rehabilitation goals which are “feasible, practical, and justifiable.”

To review the Kentucky law establishing your right to vocational rehabilitation go to:
Kentucky Revised Statutes, Section 342.710 (3)

When as a result of an injury a worker is unable to perform his or her customary work duties for which he or she was previously trained, the worker is entitled to Vocational Rehabilitation, including retraining and job placement.

Learn more here: Work Injuries Due to Faulty Equipment

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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