25 Years of Victory: When You Need a Shoulder Replacement, Sometimes You Have to Fight

At Black & Jones Attorneys at Law, we are proud of the work performed for our client, Elaine, in her workers' compensation case against a major medical health provider in Northern Illinois. This win not only highlights our dedication to advocating for injured workers, but also affirms that insurance cannot just deny liability on the speculation that something was pre-existing or degenerative.

Elaine’s Story

Elaine, a committed vascular technician, worked for a major medical health provider for approximately 18 years. While performing a vascular study on a patient, she sustained a severe shoulder injury. The patient resisted against her arm, causing her shoulder to pop. Despite immediate pain and subsequent medical evaluations revealing significant injuries, including a labral tear and impingement syndrome, she continued to work until her condition worsened, necessitating surgery and extensive physical therapy. When surgery failed to resolve all the symptoms leading to a permanent restriction, her doctors decided her only option was a shoulder replacement. Of course, her employer denied and refused to pay for the replacement, claiming it was an age-related issue.

Key Takeaways

Elaine's journey is a powerful reminder of the challenges faced by workers in physically demanding roles and the protections afforded to workers. In Illinois, if a work injury causes the need for multiple surgeries or aggravates and accelerates underlying degenerative conditions, the employer is liable for all reasonable medical care to cure the condition. This includes joint replacement surgeries. Her case underscores the importance of recognizing and addressing workplace injuries promptly, and the critical need for legal support in navigating the complexities of workers' compensation claims. Her persistence and our legal team's experience were pivotal in challenging the denial of her shoulder replacement surgery.

Results Achieved

Our relentless advocacy resulted in a favorable decision from the Illinois Workers' Compensation Commission. The Commission recognized the hazardous conditions of Elaine's work environment and ruled that her injuries were indeed work related. Despite clear evidence of Elaine's work-related injuries and need for a shoulder replacement, the employer refused to accept responsibility for her surgery, leading to a prolonged legal battle. The Commission not only awarded her compensation for her medical expenses and temporary total disability benefits, but also awarded prospective medical treatment, including a total shoulder replacement surgery. This outcome not only provided Elaine with the financial support she needed, but also validated her experience and the legitimacy of her need for a shoulder replacement due to the injury.

Your Relentless Advocate

This case serves as a crucial reminder for employers in the healthcare sector to ensure safe working environments for their employees. The decision reinforces the principle that employers are liable for all reasonable medical treatment that is necessary to cure injuries sustained while performing job-related duties. Additionally, employers should be aware that unreasonable delays or refusals to accept valid workers' compensation claims can result in significant penalties and sanctions.

If you or someone you know has been injured at work, don't face the complexities of workers' compensation alone. At Black & Jones Attorneys at Law, we are dedicated to fighting for your rights and securing the compensation you deserve. Contact us today for a consultation and let us help you achieve the justice you need to move forward.