402-999-9000
If you sustained a knee or shoulder injury on the job in Omaha, you know firsthand the incredible pain and challenges it can cause. These joints play critical roles in our mobility and ability to perform daily tasks. When they get damaged, it can drastically impact every aspect of your life, from your ability to work and earn a living to your capacity to care for yourself and your loved ones.
If your knee or shoulder injury resulted from your work duties or environment, you deserve workers’ compensation benefits that help cover your medical treatment and lost wages. Unfortunately, obtaining these vital benefits is rarely easy. Employers and insurance companies routinely deny claims or try to minimize payouts, leaving injured workers struggling to make ends meet.
At Mueller Schmidt Mulholland & Cooling, we understand the profound physical, emotional, and financial toll a serious work injury can take, and we dedicate ourselves to guiding you through the complex legal process with the personalized attention you deserve. Call our Omaha workplace knee and shoulder injury attorneys today at 402-999-9000 to learn more.
How Knee and Shoulder Injuries Happen on the Job
The knees and shoulders are two of the largest and most complex joints. They are also two of the most vulnerable to injury, especially in physically demanding occupations. Some of the most common causes of work-related knee and shoulder injuries include:
Knee injury causes:
- Slip and fall accidents on wet, slick, or cluttered surfaces
- Repetitive stress from kneeling, squatting, or lifting
- Blunt force trauma from falling objects or equipment
- Twisting motions that put excessive strain on the joint
- Motor vehicle accidents while driving for work
Shoulder injury causes:
- Repetitive overhead reaching or lifting
- Slip and fall accidents when an outstretched arm breaks the fall
- Falling from heights on construction sites
- Carrying or lifting heavy loads
- Vehicle accidents that cause seat belt trauma to the shoulder
While workers in labor-intensive industries like construction, manufacturing, and nursing are at the highest risk for knee and shoulder injuries, they can happen to anyone in any work environment. Even office workers can suffer serious damage from repetitive stress or falls.
Your Right to Workers’ Compensation Benefits
If you injure a knee or shoulder on the job in Nebraska, your employer’s workers’ compensation insurance should cover your medical expenses. This no-fault system provides benefits to employees who experience work-related injuries or illnesses, regardless of who was to blame for the accident.
Nebraska law entitles you to the following:
- All necessary medical treatment related to your injury, such as surgery, physical therapy, and medications
- Temporary total disability benefits that are two-thirds of your average weekly wage if you can’t work while recovering
- Temporary partial disability benefits if you can return to work in a modified capacity but earn less than your pre-injury wages
- Permanent partial disability benefits if a lasting impairment affects your earning ability
- Permanent total disability benefits if your injuries prevent you from returning to the workforce
- Vocational rehabilitation services to train or educate you to return to suitable employment
To protect your right to these benefits, you should:
- Report your injury or occupational illness to your employer in writing as soon as possible
- Attend all medical appointments and follow your treatment plan
- Keep detailed records of your expenses and communications with your employer and their insurer
- Consult an experienced Omaha workers’ compensation attorney
Third-Party Liability Claims for Workplace Injuries
In some situations, a third party other than your employer may cause your knee or shoulder injury, such as when:
- A defective piece of equipment malfunctions and causes you to fall
- A negligent driver causes an accident while you are driving for work
- A subcontractor on a construction site creates an unsafe condition
In these cases, you can bring a third-party liability claim against the at-fault party in addition to your workers’ compensation claim. This can allow you to recover additional compensation that is unavailable through workers’ comp, such as money for pain and suffering.
Identifying third-party claims requires a thorough investigation by an experienced attorney. The Omaha workplace knee and shoulder injury lawyers at Mueller Schmidt Mulholland & Cooling can review your case for all potential sources of compensation.
What to Do If Your Claim is Denied
Unfortunately, employers and insurance companies often search for reasons to deny workers’ compensation claims. They may argue that your injury is not work-related, that you filed your claim too late, or that your condition is due to a pre-existing problem.
If you receive a denial, keep hope. You have the right to appeal the insurer’s decision by filing a Petition to the Nebraska Workers’ Compensation Court. However, the appeals process is complex, and the insurance company will have experienced attorneys fighting to uphold the denial.
To give yourself the best chance of success, work with a skilled Omaha workers’ compensation lawyer who can:
- Gather evidence to counter the insurance company’s arguments, including medical records and expert testimony
- Represent you at all hearings and depositions
- Negotiate for a fair settlement that addresses all your losses
- Take your case to trial if necessary
Remember, you have already suffered enough due to your workplace knee or shoulder injury. You should not have to battle the workers’ compensation system on your own.
Get Help from Mueller Schmidt Mulholland & Cooling
At Mueller Schmidt Mulholland & Cooling, we have decades of experience fighting for the rights of injured workers in Omaha and throughout Nebraska. We understand the immense physical, financial, and emotional toll a serious workplace injury can take, and we can help you obtain the full benefits you need and deserve.
Our skilled attorneys can guide you through every step of the workers’ compensation process, from filing your initial claim to appealing a denial to negotiating a fair settlement. We work on a contingency fee basis. That means you pay no upfront costs or legal fees unless we recover benefits or compensation for you.
If you or a loved one has suffered a knee or shoulder injury at work, do not wait to get the legal advocacy you need. Contact Mueller Schmidt Mulholland & Cooling today at 402-999-9000 to schedule a free consultation. We are ready to put our experience and resources to work for you.