If you tear a biceps at work, you could be facing expensive medical bills. If you cannot work, then you could also be facing lost wages. A lawsuit may be available in some cases, but Workers’ Comp is often better for injured workers.
A torn biceps can qualify you for Workers’ Comp benefits if it happened within the course of your job duties or because of dangerous work conditions. This can get you medical bills to cover the injury and surgeries, and wage-loss benefits to pay for your missed work.
Call (267) 651-7945 for a free case review with Cardamone Law’s Certified Pennsylvania Workers’ Compensation Lawyers.
How Does a Worker Tear Their Biceps at Work?
Torn biceps can happen in all kinds of accidents. Most commonly, tears occur because of overexertion – such as lifting without help – or in an accident – such as a fall from a ladder where your arm is looped through the rungs.
They can also happen in falls, car crashes, and other accidents.
What Do You Need to Prove for a Torn Biceps Claim Through Workers’ Comp?
To win a Workers’ Comp claim for a torn biceps, you need to show these three major elements:
You Were an Employee
If you are not an employee, then you typically are not covered under Workers’ Comp. For example, independent contractors are not covered.
Your status is defined by what kind of work you do, how much control your employer exerts over your work, and other details. It does not come just from whether you get a 1099 or a W-2 of from your employer simply saying you are a contractor without the evidence to prove that.
Your Injury Was Work-Related
The injury has to be work-related for coverage. This can mean the injury happened during work tasks or because of dangerous workplace hazards.
An accident does not have to happen at your “workplace” or office if you were driving or traveling for work or working at a different job site.
Your Injury is Disabling
If the injury keeps you from regular work for at least 7 days, you qualify for wage-loss benefits on top of the medical coverage needed.
Can You Work with a Torn Biceps?
Your ability to work through the injury depends on your typical work, what accommodations can be made to allow you to work, and what your doctor says about the injury.
Job Duties
If your job duties require use of your arm or general physical exertion, you probably cannot perform those tasks with a torn bicep. It would be painful, but also dangerous if the tear gets worse or causes weakness.
If your job duties do not involve use of your arm – e.g., answering phones or talking to customers – your ability to work may be down to whether you can work through the pain or not.
Accommodations Available
If your employer can provide accommodations – or you can work a different job with accommodations temporarily – then you may be able to work while healing. If not, then you might be totally disabled.
Doctor’s Recommendations
Always follow your doctor’s recommendations. If they send you a Notice of Ability to Return to Work, you must return to work. If they tell you that you have to do light-duty work, follow their instructions; do not overexert yourself or make the injury worse by ignoring restrictions.
If your employer says you have to do full duty work or denies accommodations, talk to your Philadelphia Workers’ Comp lawyers about what to do.
Partial vs. Total Disability Benefits with a Torn Biceps
You can get wage-loss benefits even if you can still work partially. This will change the benefit rate from 2/3 of your pre-injury wage for total inability to work to 2/3 of the difference in wages for partial ability to work (subject to caps and floors).
You can also have your disability status set as “partial” if your “whole-body impairment rating” is under 35%. That allows only 500 weeks of benefits. If it is 35% or more, you are “totally” disabled and benefits last as long as you remain totally disabled.
Do You Have to Prove Fault in a Workers’ Comp Claim?
Workers’ Comp does not require proof of fault to get benefits.
No-Fault System
This is typically called a “no-fault” system. Your employer pays benefits regardless of who caused the accident – whether it was your employer’s fault, your fault, or some outside party’s fault.
If an outside third party was at fault, you may still be able to sue, but this is not the case in many torn biceps injuries.
Most Biceps Tears Are Self-Inflicted by Accident
Often, the injury is no one’s fault, or it happens in an accident where the worker pushed past their limits or safety. If you were the one to cause your own injury, you can still get Workers’ Comp, as long as you did not injure yourself on purpose.
Can You Sue for a Biceps Tear at Work?
You can sue third parties for injuries, but not your employer. You also cannot sue yourself.
This means you may have a case if the injury was caused by dangerous materials or defective safety gear, a car crash, or another accident caused by outside third parties. If you hurt yourself through overexertion, a lawsuit is unlikely to succeed.
Is Surgery Covered?
Workers’ Comp should cover all surgeries needed to treat a work-related biceps tear. This is often needed, since physical therapy cannot necessarily fix the tear.
Is Physical Therapy Covered?
Physical therapy is one of the most common treatments for torn muscles and ligaments, so you will almost certainly need physical therapy or physical rehab for your injury. As long as the injury was work-related, this should be paid for in full.
Can You Choose Your Doctors?
You must use doctors and providers your employer has on their “panel doctor” list for care within the first 90 days of treatment. This can let you go outside the list if you need an unlisted specialist or you want a second opinion on invasive surgery.
After the first 90 days, you can choose your own Pennsylvania-licensed providers.
When Do You Have to Go Back to Work?
You have to go back to work – or start looking for work if you were let go – as soon as your doctor sends you a Notice of Ability to Return to Work. If this Notice is incorrect, we can challenge it, but you have to look for work in the meantime.
You may be sent back to work with light-duty restrictions at first. Always follow them; do not exert yourself beyond your doctor’s orders, even if your employer tells you to.
Call Our Pennsylvania Workers’ Comp Lawyers Today
Call Cardamone Law’s Delaware County, PA Workers’ Comp lawyers at (267) 651-7945.
