Winston-Salem Shoulder Injury Lawyer

If you are navigating a workplace injury, you are likely feeling frustrated and confused. These injuries not only affect your body but can also seriously disrupt your quality of life. If you’ve been injured on the job and are not sure where to turn, you need a Winston-Salem shoulder injury lawyer. 

Common Causes and Types of Workplace Shoulder Injuries

2 per 100 full-time employees in North Carolina have experienced a workplace injury or illness, some of those injuries being to the shoulder. Shoulder injuries can happen to anyone in nearly any work environment, from construction and manufacturing to offices and retail. Some of the most common causes of workplace shoulder injuries are:

• Lifting heavy objects or overexertion during physical tasks. 
• Repetitive overhead motions or working in awkward or prolonged postures.
• Accidents like slips, trips, and falls, or falling from ladders or scaffolding. 
• Impact from being struck by falling tools or materials. 
• Sudden twisting or jerking movements. 
• Operating heavy machinery. 
• Motor vehicle accidents while working. 

When any of these happen, there are many common types of injuries that can be sustained, such as tendonitis, dislocations, fractures, rotator cuff tears, bursitis, and impingement. In 2023, private industry employers reported 68,600 nonfatal workplace injuries and illnesses that resulted in 40,900 cases with days away from work. It is beneficial to hire a shoulder injury lawyer when you suffer a workplace injury.

Workers’ Compensation for Shoulder Injuries

Many employees in Winston-Salem are eligible for workers’ compensation benefits if they are injured on the job. These are no-fault benefits, which means you do not need to prove your employer was at fault to receive them.

Workers’ compensation can provide support such as:

• Medical care. Your benefits should fully cover all medical treatments for your shoulder injury. This coverage lasts until you’re fully healed or reach “maximum medical improvement” (MMI), which means further treatment won’t significantly improve your condition. 
• Lost wages. If your injury keeps you completely out of work while you recover, you can receive temporary total disability (TTD) benefits, which are two-thirds of your average weekly wage. If you can return to work but in a reduced capacity, temporary partial disability (TPD) benefits can cover a portion of the difference between your pre-injury and post-injury income. 
• Permanent disability. If your injury results in a lasting limitation, you may be entitled to permanent partial disability (PPD) benefits. The amount is based on the severity of your injury and its impact on your ability to work. If your injury completely prevents you from working, you could be entitled to permanent total disability (PTD) benefits, which may be for life. 

Potential Third-Party Personal Injury Claims

You typically cannot sue your employer or a coworker after a shoulder injury. Based on NC shoulder injury laws, you could potentially bring a personal injury claim against a third party. For example, if you were injured in a work-related car accident, you might have a case against the at-fault driver. Or if you were injured while at work using a piece of equipment that malfunctions due to a manufacturer’s defect, you may have a case against that manufacturer. 

A third-party injury claim differs from a workers’ compensation claim because you must prove fault to win. If you are successful, you could recover damages that workers’ compensation usually doesn’t cover, like the full amount of your lost wages, pain and suffering, emotional distress, and any damaged personal property. Whether you work for Atrium Health Wake Forest Baptist, UPS, or Old Dominion Freight Line, you deserve to have an accident attorney review your circumstances.

Statute of Limitations

There is a time limit on filing both workers’ compensation claims and personal injury claims, known as the statute of limitations. For a workers’ compensation claim, injured workers have two years from the date of the accident or injury to file a claim with the North Carolina Industrial Commission. It is important to note that an employee needs to provide a written notice to their employer within 30 days of the accident. A personal injury claim is subject to a deadline of three years from the date of the injury. 

Even if you believe these deadlines provide you with plenty of time, you should reach out to a skilled shoulder injury attorney as soon as possible. You do not want to jeopardize your possibility of receiving compensation for your injuries. 

About M. Reid Acree Jr., Attorney at Law, P.A.

Mr. M. Reid Acree, Jr., dedicates his entire practice to handling work-related injuries and occupational diseases such as asbestosis, lung cancer, and mesothelioma. After practicing defense law for ten years, he decided to shift his focus to representing injured and sick workers who have not been treated fairly. He is committed to providing compassionate and effective representation to these individuals with the goal of making a real difference in their lives. 

FAQs

Q: What Is the Statute of Limitations for a Shoulder Injury Claim in NC?

A: The statute of limitations for shoulder injury cases in North Carolina may depend on whether it is a personal injury claim or a workers’ compensation claim. If it is a personal injury claim, you have three years from the date of the injury or from when the injury was discovered. If it is a workers’ compensation claim, you have two years from the date of the injury to file. 

Q: If My Shoulder Injury Happened at Work, Do I Use Workers’ Compensation or File a Personal Injury Claim?

A: A workplace shoulder injury can fall under workers’ compensation, but that only covers medical costs and lost wages and does not compensate for pain and suffering. A personal injury claim usually requires proving that a third party was negligent. It is recommended that you consult with an attorney to determine your options. 

Q: What Should I Do Immediately After a Shoulder Injury?

A: First of all, you should seek medical attention immediately after your shoulder injury, even if you might feel it is not that serious. You should also report your injury to your employer in writing as soon as possible or at least within the 30-day deadline. Make sure you state that your injury was work-related. 

Q: How Long Will My Case Take to Resolve?

A: It depends on many different factors to determine how long your case may take to resolve. Simple, undisputed workers’ compensation claims can be resolved within a few months. If your case requires appeals or a personal injury claim, it might take a year or more to resolve. It is recommended that you consult with an attorney who can help you understand your case’s timeline. 

Hire a Shoulder Injury Lawyer

When you hire a shoulder injury lawyer in Winston-Salem, we can help you fight for the benefits you deserve while giving you the space to focus on your recovery. Contact our Winston-Salem shoulder injury attorney right away.