A rotator cuff tear is a type of injury that involves one or more of the tendons involved with the rotator cuff of the shoulder. Rotator cuff injuries may often be very serious and painful injuries. Rotator cuff tears are also often debilitating injuries due to the fact that the shoulder joint is used for many different functions, such as moving one’s arm.
Rotator cuff tears are common injuries that can be caused by either a sudden injury or by the gradual wear and tear of the rotator cuff due to age or repetitive stress. Examples of other factors that may result in rotator cuff tear include:
- Overexertion of the shoulder muscle, such as by excessively lifting weights or heavy objects involving the shoulder muscle;
- Trauma or impact to the shoulder area, such as a vehicle collision;
- Performing overhead motions repeatedly, such as painters or carpenters;
- Playing certain sports, such as tennis and baseball
- A family history that may cause an individual to be predisposed to shoulder injuries or a personal medical history consisting of recurrent dislocations of the shoulder or connective tissue diseases;
- Compromise of the shoulder joint due to other physical imbalances.
In What Settings Do Rotator Cuff Injuries Commonly Occur?
As mentioned above, there are numerous causes of rotator cuff injuries. As such, there are also numerous settings in which a rotator cuff injury may occur. In general, rotator cuff injuries are often categorized as either:
- Sports Injuries: Sports injuries involve any type of injury that is sustained by someone participating in a sporting event that is caused either by traumatic impact or the overuse of a particular body part;
- Workplace Injuries: Work-related injuries involve any type of injury that is caused by a person’s work tasks or results from the performance of their described job duties; or
- Repetitive Stress Injuries: A repetitive stress injury is a type of injury that can be caused by performing a single task over and over again, without variation or a break in the task.
As can be seen, there are numerous settings in which a rotator cuff injury may occur, such as while playing recreational sports or engaging in fitness training. Rotator cuff injuries may often occur in work settings, which may result in the individual being able to initiate a workers’ compensation claim.
Rotator cuff injuries may also occur in personal settings, such as an individual moving heavy items throughout their home or performing repeated tasks that involve their shoulder muscles, such as carrying a small child.
In some cases, rotator cuff tears can also result from external trauma, such as receiving a physical blow to the shoulder. For instance, in a boxing ring, a boxer may often receive blows to their shoulder throughout a boxing match.
An individual may also receive a blow to the shoulder as the result of a traumatic event, such as a vehicle collision. In most cases, rotator cuff injuries are associated with either overexertion of the shoulder muscle or lifting objects that are too heavy.
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What Types of Legal Issues Are Associated with Rotator Cuff Tears?
As mentioned above, rotator cuff tears are one of the most common types of workplace injuries. This is because many jobs require an individual to be able to lift heavy objects in their daily work tasks, such as printing paper, inventory, or work equipment. Because of this, there are many workers’ compensation and workplace injury lawsuits that are based on an individual tearing their rotator cuff on the job.
In general, work-related injuries related to rotator cuff tears are remedied either through an insurance claim or through worker’s compensation mechanisms. Additionally, workplaces will specifically address work-related injuries, including rotator cuff injuries, in the employment contract executed between the employer and employee during the initial hiring phase.
However, the above workplace remedies may not sufficiently address an individual’s rotator cuff injury. In this case, it may be necessary to file a private civil lawsuit where the injured party demands damages such as:
- The cost of their total medical bills related to their rotator cuff tear treatments;
- Damages for hospital bills, including the cost of the hospital stay;
- Costs associated with rehabilitation;
- Loss of income/earning capacity; and/or
- Loss of a job position if their rotator cuff injury resulted in them being unable to return to work.
In addition to the workplace setting, rotator cuff injuries are often also associated with legal issues involving a medical malpractice claim. An individual may be receiving surgery related to their shoulder. Then, if the physician performing the surgery or other medical professional fails to perform the surgery properly, that may result in a medical malpractice case.
As with most personal injury cases, the plaintiff will also need to prove that the defendant was somehow liable for their rotator cuff injury. This means that the plaintiff will have to deal with legal issues surrounding proving negligence or recklessness.
A negligence personal injury claim is a private civil lawsuit in which an injured party, known as a plaintiff, claims that another party, known as the defendant, injured them as a result of breaching a duty of care that the defendant owed to the plaintiff. If the plaintiff can prove that this breach is what caused their rotator cuff tear injury, which then resulted in damages, the plaintiff has made a successful claim for negligence.
Whether a duty of care to a plaintiff exists depends upon the foreseeability, or predictability, of harm that may result if the duty is not exercised. For example, in the case of an employee being tasked with repeatedly lifting heavy objects, an employer can foreseeably predict that an employee may suffer an injury related to such job tasks, such as a rotator cuff injury.
In general, the test for whether a plaintiff is owed a duty of care will ask whether or not an average person in the position of the defendant’s position could foresee that the type of injury that the plaintiff sustained was likely to occur. Then, if the answer to the question is yes, the defendant owes the plaintiff a duty of care.
If the defendant breaches that duty, which causes an injury that results in damages, then the defendant has committed personal injury through negligence. A defendant may also be acting recklessly with a wanton disregard for the safety of others around them. In those cases, the defendant’s recklessness may also serve as a basis for a personal injury claim against the defendant.
What Is the Average Settlement for a Torn Rotator Cuff?
It is important to note that the average settlement for a torn rotator cuff will depend on several different factors, including:
- The severity of the injury.
- For instance, minor rotator cuff sprains may result in fewer damages being received by a plaintiff as their damage claim is less than that of a person that suffered a more debilitating or long-term injury to their rotator cuff;
- The state laws on recovering for personal injuries in the state in which the injury occurred;
- Whether or not the injury occurred at work, and if so, the type of work the victim was performing at the time of their injury.
Importantly, there is no average settlement amount for rotator cuff injuries, as each case is personal to the person who receives the injury. However, a common range for damages involving a rotator cuff will range anywhere from $5,000 for a minor sprain to $150,000 or more for more severe injuries to the rotator cuff.
Do I Need a Lawyer for Help with Rotator Cuff Tear Issues?
If you are experiencing issues associated with rotator cuff tear injury or if you are seeking to file a workers’ compensation claim due to your injury occurring on the job, it is in your best interest to consult with an experienced personal injury lawyer.
An experienced personal injury lawyer can inform you of your legal rights and legal options under your state’s specific personal injury laws. An attorney can also help you work towards getting a suitable amount of compensation for your rotator cuff tear issues. Finally, an attorney will also be able to initiate a civil lawsuit on your behalf and represent you in court as needed.
