Rotator Cuff Injury at Work in Pennsylvania: Wear and Tear Is Not a Defense
Overhead work, stocking, and the tear the insurer says you always had.
- 4.7 from 140 Google reviews
- PA bar admitted since 1982
- No fee unless we recover
- Answered 24 hours
Rotator cuff tears from work are compensable in Pennsylvania whether they came from one incident or from years of overhead work. The standard denial is that the tear is degenerative. Because Pennsylvania compensates aggravation of a pre-existing condition, a degenerative tear made symptomatic by work is still a work injury.
The degenerative tear argument
Rotator cuff tears are common in people who have never been injured, and insurers know it. The report will say the tear shows chronic changes, therefore it predates the work.
Two answers. First, a tear that was silent for years and became disabling because of your job is an aggravation, which Pennsylvania compensates. Second, chronic appearance on imaging does not establish when the shoulder stopped working, which is the question that matters for wage loss.
Who gets these
Warehouse pickers and stockers reaching above shoulder height all shift. Trades working overhead. Healthcare aides transferring patients. Drivers repeatedly pulling roll doors. Line workers with fixed reach patterns.
If your job involves working above shoulder height regularly, say so explicitly to your doctor, because it is rarely in the chart otherwise.
Specific loss is often available
A shoulder that never regains function may support a specific loss claim for permanent loss of use, separate from wage loss and payable whether or not you returned to work. This is regularly missed on shoulder claims because people assume the claim ends when they go back.
Surgery, and the timing of offers
Arthroscopic repair has a long recovery, often several months of restricted use and physical therapy. Offers frequently arrive just before authorisation, and settling then transfers the cost of that surgery and recovery to you.
The attorneys who handle these cases
Every one of these bar numbers is searchable on the Pennsylvania Disciplinary Board register. The person who takes your call is the person at your hearing.
-
Kenneth R. Schuster
Founding Member
Read Kenneth’s background -
Justin M. Bernstein
Associate
Read Justin’s background -
Christopher D. Gasda
Associate
Read Christopher’s background -
Anthony S. Pinnie
Of Counsel
Read Anthony’s background -
Joseph J. Jachetti
Associate
Read Joseph’s background -
Andrew Valentin
Associate
Read Andrew’s background
Questions people ask us about this
The insurer says my rotator cuff tear is degenerative.
That is the standard denial and it is not the end of the claim. Tears appear on imaging in people who were never injured, but a tear that was silent for years and became disabling because of your work is an aggravation, and Pennsylvania compensates aggravation of a pre-existing condition.
My shoulder gave out over years, not in one moment.
Cumulative shoulder injuries from overhead work are compensable. Because there is no accident date, the notice clock generally runs from when a doctor connected the condition to your job, so give written notice as soon as that link is made rather than waiting.
I went back to work. Is my claim over?
Not necessarily. Specific loss is a separate benefit for permanent loss of use of a body part and is payable whether or not you returned to work and lost wages. It is regularly missed on shoulder claims for exactly this reason.
They offered a settlement before my surgery was approved.
Common, and it is about their exposure rather than your recovery. Arthroscopic repair carries months of restricted use and therapy. Settling before it means buying out the treatment and the time off yourself. Have the offer valued against that.
How do I prove my job caused it?
Make sure your physician knows what the work physically involves: how often you reach above shoulder height, what weights, for how many hours. Most doctors have no idea what your shift looks like, and a report describing the actual duties is far stronger than one saying work related.
Both Delaware County offices
Walk in, or call. Both are answered 24 hours.
Media Head office
334 W Front StMedia, PA 19063
Open 24 hours
4.7 from 135 Google reviews
Serving central, north and west Delaware County.
Chester Satellite
405 Avenue of the StatesChester, PA 19013
Open 24 hours
5.0 from 5 Google reviews
Serving south and riverfront Delaware County.
Tell us what happened
Two questions to start. No contact details until the second step, and nothing you send here commits you to hiring us.
- You pay nothing unless we recover for you
- A named attorney reads every case review
- Both offices answer 24 hours, so you can call instead
Would rather talk now? (610) 601-2980