Attorney for Shoulder Work Injuries
The shoulder is one of those body parts you can easily take for granted—until it stops working. As you try to perform all the tasks that depend on shoulder mobility and strength, you realize just how valuable this joint is.
Unfortunately, shoulder injuries are all too common in the workplace, especially in construction, healthcare, and manufacturing industries. If you have injured your shoulder on the job, you know how important it is to get medical treatment so you can heal quickly and get back to work.
At Tingey Injury Law Firm, our shoulder injury work attorneys have been serving Summerlin, Henderson, and Las Vegas for more than 50 years. They understand the difficulties of shoulder-related accidents for Nevada’s workers. With their help, we have developed this article to help you learn about workers’ compensation for your shoulder injury and get the full benefits you deserve.
Shoulder Injuries 101
A shoulder injury refers to any type of injury that affects the muscles, tendons, ligaments, or bones of the shoulder joint. This includes conditions like rotator cuff tears, dislocations, fractures, strains, and sprains. These injuries can occur due to overuse, heavy lifting, repetitive motion, or accidents such as falls or impacts.
Shoulder injuries can severely limit your ability to perform even basic tasks, leading to missed work and long recovery times. If you’ve suffered a shoulder injury at work, it’s important to act quickly to protect your health and pursue the workers’ compensation benefits that may be available to you.
Common Causes of Shoulder Injuries at Work
On-the-job shoulder injuries are commonly caused by:
Heavy Lifting: Jobs that require you to heft heavy loads, such as construction, warehouse work, healthcare, or manual labor, are particularly prone to shoulder injuries.
Repetitive Motion: Tasks that involve overhead work or repeated lifting, pushing, or pulling motions (like assembly line work, retail stocking, or office jobs) can strain the shoulder muscles and tendons, leading to injuries.
Slips, Trips, and Falls: A sudden fall at work can result in a shoulder dislocation, fracture, or other serious injury. Think of a grocery store worker slipping on a wet spill or a construction worker tripping over debris.
Common Types of Shoulder Injuries
Dislocation: This happens when the shoulder joint is forced out of its socket. This is common after a fall or impact injury.
Rotator Cuff Tears: This happens when the tendons around the shoulder joint are damaged. It is often caused by repetitive motion or a sudden impact injury.
Bursitis: The shoulder joint is cushioned by a small sac of fluid. When this becomes inflamed, you might notice a tender, swollen area on the shoulder. This is called bursitis. It can result from repetitive motion (typing, assembly line work, etc.), prolonged pressure (if your work requires you to put repeated pressure on your joint), or acute injuries (falls, hits to the shoulder, etc.).
Frozen Shoulder: This is where the shoulder becomes very stiff, and it hurts to try to move it. This develops from impact injuries or repetitive motions.
Tendonitis: Tendonitis is an inflammation of the shoulder joint. It commonly develops after repetitive movements, including those that feel awkward. For example, a painter who is constantly putting his shoulder at weird angles, such as to paint ceilings, could develop tendonitis.
What to Do After a Shoulder Injury at Work
Report the Injury to Your Employer: In Nevada, you are required to report your injury within 7 days of the incident. Make sure to report it in writing and keep a copy of the report. That protects you later if your employer claims you didn’t report your injury or if your paperwork gets lost. If you are unsure of whether an injury is serious or not, err on the side of caution and report it. The last thing you want to do is keep using your shoulder on the job when it is legitimately injured. That could delay healing and even lead to lasting harm.
Get Immediate Medical Attention: Your employer will likely refer you to a medical provider who is contracted with their workers’ compensation insurance provider. Make an appointment right away. Early diagnosis and treatment can help prevent further damage. It can also provide important documentation if you need to pursue a legal claim later on.
File a Workers’ Compensation Claim: After reporting the injury, you should file a workers’ compensation claim as soon as possible. This will help cover medical expenses and lost wages while you recover.
Comply with Medical Orders: Make sure to show up for follow-up appointments and therapies and obey your doctor’s orders for returning to work. If they say you need to stay home for a couple of weeks to heal or do light work instead of your usual job, honor their recommendations, even if your employer is pressuring you to do otherwise.
Document everything: Start a file that includes all of your workers’ compensation paperwork. Keep track of medical appointments and therapies as well as days off of work. It’s also a good idea to keep a healing journal. Track how your shoulder injury improves (or doesn’t improve) over time.
Why You Need a Shoulder Injury Attorney
Workers’ compensation was designed to protect workers’ rights after job injuries in exchange for the workers agreeing not to sue their employers. So if you can’t take legal action against your employer, why would you need an attorney?
Remember that the workers’ compensation system depends on employers upholding their end of the bargain. When they don’t, you’re entitled to take legal action to protect your rights, and a work shoulder injury lawyer can be your best ally.
You might need a work shoulder injury lawyer in Henderson, Summerlin, or Las Vegas if:
Your Benefits Are Delayed or Denied
Even when your injury clearly happened on the job and should be covered, delays and denials are common in the workers’ comp system. Insurance companies often use tactics like requesting excessive documentation, questioning the severity of your injury, or claiming missing paperwork. If your benefits are delayed, you may be stuck paying out-of-pocket for medical care or missing critical wage replacement during recovery. A work shoulder injury attorney can step in to pressure the insurer to process your claim promptly. They can also help you appeal a wrongful denial.
Your Compensation Doesn't Cover All Your Losses
Workers’ compensation typically covers medical treatment and partial wage replacement, but it may not account for all your financial losses. If you’ve suffered a long-term injury, the reduced wages can significantly impact your household income. Also, workers’ comp doesn’t pay for things like pain and suffering. An attorney can evaluate whether you might be entitled to additional compensation, such as through a third-party liability claim if another party contributed to your injury.
Your Employer Retaliates or Threatens You
Unfortunately, some employers respond to injury claims with hostility—cutting your hours, demoting you, or even firing you. These actions are illegal, but that doesn’t always stop them from happening. If you suspect retaliation after filing a claim, speak to a work shoulder injury attorney right away. They can help protect your job and take legal action to hold your employer accountable for violating your rights under state and federal labor laws.
You're Pressured to Return to Work Before You're Ready
Your employer or their insurance company may try to push you back into the workforce before you’re medically able to perform your job safely. This could put you at risk for re-injury or worsen your existing condition. Sometimes, your employer will use an “independent medical examination” (IME) to justify this pressure. An experienced attorney can challenge biased medical reports, secure a second opinion from a neutral physician, and advocate for your right to recover fully before returning to work.
Your Injury Involves a Pre-Existing Condition
If your workplace injury aggravated a condition you already had-like a bad back or a past knee surgery-your employer’s insurance might try to deny benefits by claiming the issue wasn’t work-related. In these cases, the burden falls on you to prove that the job made your condition worse. A skilled workers’ compensation lawyer can gather medical evidence, coordinate expert opinions, and build a case to show that your workplace injury contributed to your current condition.
You're Offered a Settlement You Don't Understand
When employees reach maximum medical improvement (MMI), meaning their condition is not expected to get any better-even with additional treatment, the insurance company may offer a settlement. This lump sum might seem like a good deal at first glance, but these offers often fall short of what your claim is really worth. Accepting a settlement usually means giving up your right to future benefits. A work shoulder injury lawyer can review the offer, calculate the true value of your claim, and negotiate a better outcome if necessary.
How Tingey Injury Law Firm Can Help You
Our work shoulder injury attorneys are proud to serve Henderson, Las Vegas, and Summerlin. We have a proven track record of helping workers with shoulder injuries get the help that they need, even in the face of manipulative or underhanded tactics from insurance companies.
We know how to secure favorable outcomes for our Las Vegas area workers. We draw on our deep knowledge of workers’ compensation laws to ensure that you get every dollar you’re entitled to. We’ll stand alongside you as a fierce advocate, and we won’t be bullied or intimidated by Big Insurance.
If you’re worried about costs, the good news is that our Vegas area work shoulder injury lawyers work on contingency fees. That means you don’t pay us until your case is successfully resolved.
Contact Us Today for a Free Consultation
If you’re looking for a “work shoulder injury lawyer near me,” Tingey Injury Law Firm stands ready to help. Fill out our contact form or call (702) 333-0000.
Frequently Asked Questions (FAQs)
What should I do if I injure my shoulder at work?
How do I know if my shoulder injury qualifies for workers' compensation?
Can I receive compensation for pain and suffering due to my shoulder injury at work?
How long do I have to file a workers' compensation claim for a shoulder injury?
Can I choose my own doctor for a shoulder injury claim?
In Nevada, your employer’s insurer will provide a list of approved doctors. In most cases, you will be required to see one of these doctors. However, there is some room for exceptions. First, if you need emergency care, you can find the nearest emergency care facility-regardless of whether or not they are on your employer’s “approved list.” Also, if your injury involves a pre-existing condition that you are currently under care for, you may be able to petition to see your usual doctor.
If you are assigned to a doctor by your insurance company and are unhappy with your medical evaluation or treatment plan, you can issue a written request to change doctors. Your top priority is your health, so if you suspect that the doctor you were assigned to is not providing adequate care for your shoulder accident, talk to a work shoulder injury attorney in Las Vegas.
What happens if my workers' compensation claim for a shoulder injury is denied?
How much compensation can I receive for a shoulder injury at work?
How long will it take to receive compensation for a shoulder injury?
Can I be fired for filing a workers' compensation claim for my shoulder injury?
Do I need an attorney to file a shoulder injury claim?
We Can Help with Your Work Injury Claim
If you’ve hurt your shoulder on the job and aren’t getting the support or benefits you deserve, contact us today. We’ll do what it takes to protect your rights so you can focus on healing.