$60,000 Workers’ Compensation Settlement

Rutter Mills workers’ compensation attorney Joseph Miller secured a $60,000 settlement for a delivery driver who suffered a serious shoulder injury shortly after starting her job. Despite undergoing surgery and medical treatment, the woman was left with permanent physical restrictions that prevented her from returning to her previous duties. Rutter Mills challenged delays in medical care and negotiated a settlement that included continued disability benefits and medical coverage through the date of the settlement order.

Case Details

• • Practice Area: Workers’ Compensation
  • Injuries: Right shoulder injury, permanent impairment, chronic pain
  • Resolution: Settlement
  • Amount: $60,000
  • Attorney: Joseph A. Miller

Shoulder Surgery Leads to Permanent Work Restrictions

The delivery driver underwent medical treatment, rehabilitation, and evaluations to determine the extent of her shoulder injury.

Her injuries and treatment included:

• Right shoulder injury requiring surgery
• Emergency medical evaluations
• Physical therapy
• Pain and swelling near the surgical incision
• Functional capacity evaluation (FCE)
• Permanent light-duty work restrictions
• Referral for pain management and injections

Following treatment, her doctor determined that she had reached maximum medical improvement (MMI), meaning her condition was not expected to improve significantly with further treatment.

A functional capacity evaluation confirmed that she was permanently restricted to light-duty work. Her previous job as a delivery driver required medium-duty physical activity, leaving her unable to return to the position she held before the injury.

Can You Receive Workers’ Compensation if You Can’t Return to Your Previous Job?

Yes. In Virginia, injured workers can qualify for workers’ compensation benefits when permanent physical restrictions prevent them from returning to their previous employment. Depending on the circumstances, benefits can include wage replacement, medical treatment, permanent partial disability compensation, and vocational rehabilitation services.

Under Virginia Code § 65.2-603, employers are generally responsible for providing reasonable and necessary medical treatment for covered workplace injuries. Additional benefits can apply when an employee’s injuries affect their ability to work.

In this case, the delivery driver received permanent light-duty restrictions and an 8% impairment rating, preventing her from returning to her former position. Rutter Mills negotiated a $60,000 settlement that also addressed her ongoing disability benefits, medical expenses, and vocational rehabilitation requirements.

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