A shoulder injury can change everything. Suddenly, daily tasks like lifting, reaching, pulling, and carrying become painful or impossible. You are worried about medical bills, lost wages, and whether you will be able to return to your job. If you were hurt on the job in Columbia or anywhere in South Carolina, you have a right to workers’ compensation benefits, and your shoulder injury may be worth more than you think.
Williams & Roche, LLC helps injured workers throughout South Carolina fight for the benefits they are entitled to. With over 50 years of combined legal experience and backgrounds on all sides of the workers’ compensation system, our attorneys know how insurance companies evaluate shoulder claims and how to push back when they undervalue your case. Your consultation is available at no cost. Call our experienced Columbia workers’ compensation lawyers at 803.784.0503 today.
How Shoulder Injuries Happen at Work in South Carolina
Shoulder injuries are among the most common workplace injuries, especially among individuals who perform physical labor. Under South Carolina law, a compensable injury must be an “injury by accident arising out of and in the course of employment.” This means the injury must be connected to your job duties or workplace conditions.
Common causes of work-related shoulder injuries include:
- Lifting heavy objects or materials overhead
- Repetitive motions, such as reaching, pulling, or pushing
- Falls from ladders, scaffolding, or elevated surfaces
- Slip-and-fall accidents on wet or uneven floors
- Being struck by falling objects or equipment
- Vehicle accidents while driving for work
Construction workers, warehouse employees, healthcare workers, manufacturing workers, and maintenance crews are especially at risk. If your shoulder was injured because of the work you do, you likely have a valid workers’ compensation claim.
Types of Shoulder Injuries Covered by Workers’ Comp
Not all shoulder injuries are the same, and the type of injury you have plays a major role in your workers’ comp shoulder injury settlement. Common shoulder injuries seen in workers’ compensation claims include:
- Rotator cuff tears: Partial or complete tears of the tendons surrounding the shoulder joint.
- Shoulder dislocations: When the upper arm bone is forced out of the shoulder socket.
- Labrum tears: Damage to the ring of cartilage surrounding the shoulder socket.
- Shoulder fractures: Broken collarbone, upper arm, or shoulder blade.
- Frozen shoulder: Adhesive capsulitis, which causes stiffness and pain.
- Shoulder impingement: Compression of tendons and bursa in the shoulder.
Each of these injuries carries different treatment requirements, recovery timelines, and impairment ratings, all of which directly affect the value of your claim.
Factors that Determine Your Settlement Amount
There is no single number that applies to every workers’ comp settlement for shoulder injury cases. Several factors influence what your claim is worth.
Severity and type of injury
A complete rotator cuff tear requiring surgery will typically result in a higher settlement than a mild impingement treated with physical therapy alone. The more severe the injury, the greater the impact on your ability to work and live your daily life.
Impairment rating
Once you reach maximum medical improvement (MMI), your treating physician will assign an impairment rating reflecting the permanent damage to your shoulder. Under South Carolina workers’ compensation law, the shoulder is a scheduled body part, and your permanent partial disability benefits are calculated based on a percentage of average weekly wages for a set number of weeks. The higher your impairment rating, the more compensation you are entitled to receive.
Surgery and medical treatment
Shoulder injuries that require surgical intervention, such as rotator cuff repair, labrum repair, or shoulder replacement, typically result in higher settlements because of increased medical costs, longer recovery periods, and greater permanent impairment.
Ability to return to work
If your shoulder injury prevents you from returning to your previous job or limits the type of work you can perform, this significantly increases the value of your claim. Workers who cannot return to heavy physical labor often receive larger settlements.
Pre-existing conditions
Insurance companies will look closely at your medical history. If you had a prior shoulder problem, they may argue that your current injury is not entirely work-related. However, South Carolina law recognizes that a workplace accident can aggravate a pre-existing condition, and you may still be entitled to full benefits.
How Surgery Affects Your Settlement Value
When shoulder surgery is required, the stakes increase substantially. Surgical cases typically involve higher medical bills, longer periods of temporary disability, and greater permanent impairment ratings. A rotator cuff repair or shoulder replacement often leads to a settlement significantly higher than a non-surgical case because the long-term effects on your shoulder function are more pronounced.
Insurance carriers know surgical cases cost more, so they sometimes try to delay authorization for surgery or push you toward less effective treatments. If your employer or their insurance company is delaying or denying surgery your doctor has recommended, that is a red flag, and you should speak with an attorney immediately.
Do not let the insurance company make medical decisions for you. Call Williams & Roche, LLC at 803.784.0503 to discuss your options.
Tactics Insurance Companies Use to Reduce Your Settlement
Insurance adjusters are not on your side. Their goal is to pay as little as possible. Here are common tactics they use in shoulder injury claims.
- Disputing causation. They may claim your shoulder injury was not caused by work, especially if you have any history of shoulder problems.
- Assigning low impairment ratings. The insurance company may send you to their own doctor, who often assigns a lower impairment rating than your treating physician.
- Rushing you to MMI. By declaring you have reached maximum medical improvement too quickly, they can cut off your temporary disability benefits and push for a lower settlement.
- Offering a low settlement early. They may offer a quick settlement before you fully understand the extent of your injury or your long-term limitations.
Having experienced legal representation on your side helps level the playing field.
How a Columbia Workers’ Compensation Lawyer Can Help
Williams & Roche, LLC was built to fight for injured workers. Our attorneys, Derrick Williams and Andrea Roche, have been on all sides of the workers’ compensation system. They have worked on the insurance company’s side and within the SC Workers’ Compensation Commission. This means they know exactly how claims are evaluated, what tactics are used to minimize payouts, and how to counter those strategies effectively.
We can help by:
- Ensuring your claim is filed properly and on time. Under S.C. Code Ann. § 42-15-40, a workers’ compensation claim must be filed generally within two years after the accident.
- Challenging low impairment ratings and obtaining independent medical opinions.
- Fighting denials of surgery or medical treatment.
- Negotiating a settlement that reflects the true value of your injury.
- Representing you before the SC Workers’ Compensation Commission if a hearing is necessary.
With over 50 years of combined legal experience, we know what your shoulder injury claim is worth, and we will fight to make sure you receive it.
Frequently Asked Questions About Workers’ Comp Shoulder Injury Settlements
How long do I have to report a shoulder injury at work?
Under S.C. Code Ann. § 42-15-20, no compensation is payable unless notice is given within 90 days after the occurrence of the accident, with some exceptions. Report your injury to your employer as soon as possible to protect your rights.
What is the average workers’ comp shoulder injury settlement?
There is no single “average.” Every case depends on its unique facts, including the type of injury, whether surgery was required, your impairment rating, and your ability to return to work. Settlements can range widely. The best way to understand what your specific case is worth is to speak with an experienced workers’ compensation attorney.
Can I receive workers’ comp if I had a previous shoulder problem?
Yes. South Carolina law recognizes that a work accident can worsen a pre-existing condition. Even if you had prior shoulder issues, you may still be entitled to benefits for the aggravation caused by your workplace injury.
What if my workers’ comp claim is denied?
Do not give up. Denied claims can be challenged through the SC Workers’ Compensation Commission. Williams & Roche, LLC has experience fighting denied claims and can guide you through the appeals process.
Protect Your Rights and Receive the Benefits You Deserve
A shoulder injury should not cost you your livelihood. If you were hurt at work in Columbia or anywhere in South Carolina, Williams & Roche, LLC is here to help. Our attorneys have the experience, the knowledge of the system, and the determination to fight for you.
Contact Williams & Roche, LLC today at 803.784.0503 for a consultation. We serve injured workers throughout South Carolina from our office at 2442 Devine Street, Columbia, SC 29205.
Past results do not guarantee future outcomes. Every case is different and depends on its unique facts.
