I am very sorry to hear about your work-related shoulder injury. Based upon the information which you have provided, you would be eligible to receive Workers Compensation Benefits in the State of Pennsylvania which are based upon your loss of earnings. In addition, you would be eligible to receive reasonable and necessary medical treatment for your torn rotator cuff. In order to be eligible for Workers Compensation Benefits, it is imperative that you notify your employer that your injuries were caused by your work activities within 21 days of said injury. If you are already receiving Workers Compensation Benefits you may be eligible for a lump sum settlement via Compromise and Release Agreement, however, the "value" of your case depends upon many factors. The most important factor is your Weekly Disability Rate, and other factors include your age, the length of time that you have been receiving Workers Compensation Benefits, whether or not your case is currently in Litigation and, if so, the identity of the Workers Compensation Judge, whether or not you are receiving Benefits from a insurance company or your employer was self-insured etc. In order to properly determine the value of your case, it is recommended that you immediately contact an Attorney who is experienced in handling Pennsylvania Workers Compensation Claims. Please note that most Attorneys who handle Workers Compensation Cases do not charge for an initial consultation and will accept your claim on a Contingent Fee basis. If your injury occurred less than two years ago and you fell on premises that were not controlled by your employer you may have a third-party cause of action against the property owner. If you fell upon premises that were controlled by your employer, more than likely your only recourse would be receipt of Workers Compensation Benefits. These issues would also need to be discussed with an Attorney who is experienced in handling Workers Compensation Claims. Once you have retained counsel, negotiations can commence with the Workers Compensation Carrier towards a possible settlement of your Workers Compensation claim in addition to investigating the possible third-party cause of action.
Answered on May 01st, 2013 at 12:02 PM