Our guide below will examine the process of claiming compensation after you’ve suffered a rotator cuff injury. If you’ve suffered from an injury to your rotator cuff that was because of a third party’s negligence, then you might be entitled to make a claim for compensation.
Rotator cuff injury compensation
Injuring your rotator cuff can cause you a great deal of pain when you move your arm. So this kind of injury can have a big impact on what you’re able to do each day. If your injury has long-term effects, then this could be detrimental to your quality of life for years to come.
Below, we’ll look more closely at the process of making a claim for compensation. If you’d like to take advantage of our free legal advice, then you can get in touch with our claims team today. You can do this by calling 0161 696 9685, chatting to us at the bottom right of this screen, or filling out our online form.
Select a Section
- A Guide To Claiming Compensation For A Rotator Cuff Injury
- What Is A Rotator Cuff Injury?
- How Can You Suffer A Rotator Cuff Injury At Work?
- Rotator Cuff Injury In A Public Place
- Can A Road Traffic Accident Cause A Rotator Cuff Injury?
- Personal Injury Compensation Calculations From Our Specialists
- What Are Special Damages?
- Case Study: £26,000 For A Rotator Cuff Injury
- Get Free Legal Advice From Our Team
- Find Out What No Win No Fee Is
- Receive Your Free Legal Advice Today
- More Resources And Guides On Rotator Cuff Injuries
- Rotator Cuff Injury FAQs
A Guide To Claiming Compensation For A Rotator Cuff Injury
When you’ve been involved in an accident that was caused by someone else’s negligence, the restrictions that your injuries can cause can be frustrating. And if recovering from, or living with, your injuries may incur costs that you wouldn’t have had to pay otherwise, this can seem really unfair.
Personal injury compensation is there to allow you to recoup the expenses that being injured in an accident has cost you. Your settlement will also cover you for the pain and inconvenience caused to you by your injuries. This article will set out the two heads that your compensation will be made of, as well as what can be included in your claim.
When making a claim, it’s helpful to have a full understanding of your injury, from what kind of treatment you can expect to undergo to what your long term recovery might look like. Our article below will take a closer look at what a rotator cuff injury is and how you may be affected.
When you pursue a claim for compensation following an accident, it’s vital that you’re able to prove that you were injured because of someone else’s negligence. This entity must have some legal responsibility to your health and well being. We’ll look at who has a responsibility to keep you safe in different situations, and what constitutes a breach of duty of care.
Following your accident, you might be tempted to search online for a shoulder injury compensation calculator to see how much your claim might be worth. Below, we’ll look at why this isn’t always a good way to get an accurate estimate of how much compensation you’re entitled to, and what you can do to value your claim.
What Is A Rotator Cuff Injury?
Your rotator cuff is a group of muscle and tendons that holds the shoulder in the correct place. Injury to your shoulder can result in the tendons becoming torn, swollen or thickened. This will cause the tendon to catch on nearby bone as you move your arm.
If you’ve injured your rotator cuff, you’ll usually find that it’s at its most painful when you lift your arm. You might notice that your arm is weaker than usual.
Your doctor may suggest some things you can do yourself to ease the pain of a rotator cuff injury, or they might refer you to a physiotherapist for treatment. Damage to your rotator cuff can be treated with steroid injections.
If exercised and steroid injections haven’t improved your condition, you may be offered a surgery called arthroscopy. This is where the space around the tendon is widened, which prevents your rotator cuff from catching on anything. Following surgery, your shoulder should start to feel normal again after a few weeks.
How Can You Suffer A Rotator Cuff Injury At Work?
When we’re working, we’re often most preoccupied with doing our jobs to the best of our ability. Many people might not even think about the hazards that present themselves in the workplace. But accidents at work leading to rotator cuff injuries can happen.
In 2017/18-2019/20, an estimated 34,000 injuries with over a seven-day absence were sustained whilst carrying, lifting or handling something. These kinds of accidents, which involve moving the shoulders, could easily result in an injury to the rotator cuff. Not only can this kind of injury have an impact on your quality of life, but the loss of working days can also have a real impact on you financially.
In the same period, slips, trips and falls, either from a height or on the same level, accounted for around 150,000 accidents in the workplace. You mightn’t think you can sustain a rotator cuff injury from a fall. But in fact, any accident that forces your shoulder into an unnatural position has the potential to damage your rotator cuff.
What Is An Employer’s Duty Of Care?
When you’re working, it’s the responsibility of your employer to make sure that you’re reasonably free from the risk of harm. Their obligations to you are outlined in Section 2 of the Health and Safety At Work etc Act 1974.
Nobody can be expected to predict every scenario in which an accident could take place. But your employer should take all reasonable steps to minimise the risk to you and your colleagues. They could do this by:
- Providing adequate training and supervision for your role
- Ensuring that any equipment you need to use is safe and well-maintained
- Making sure that walkways and surfaces are free of spills and obstructions
- Carrying out regular risk assessments so that anything that poses a risk to your safety can be addressed
How Can My Employer Breach Their Duty Of Care?
If your employer fails to ensure you’re safe in the workplace, then this constitutes a breach of duty of care. If you’ve sustained a shoulder injury at work because of negligence, then you might be entitled to make an accident at work claim.
Your employer is also responsible for making sure that you’re trained properly for the job that you do. You may have injured your rotator cuff while lifting or carrying something heavy, but feel like you weren’t given the proper training to do this. If this is the case, then you might be entitled to pursue compensation for your shoulder injury at work.
It’s important that you’re able to prove breach of duty if you’re making a work accident claim. Any accidents at work should be reported in your company’s accident book as soon as you can. It’s also helpful to get photographs of the cause of the accident if possible.
For more information about making an accident at work claim, don’t hesitate to get in touch with our team today.
Rotator Cuff Injury In A Public Place
We spend a lot of our time in public spaces. But when you’re injured in a public place and it’s not your fault, it’s not always obvious who’s to blame.
It’s down to the person in control of a public place to make sure that it’s safe for you to use. When you’re in a shop, restaurant or bar this might be a business owner. Whereas a local authority or council might have control over a park or beach.
The Duty Of Care Of Those In Control Of Public Spaces
The duty of care owed to you while you’re in public spaces is outlined in the Occupier’s LIability Act 1957. The occupier should have sufficient control over the premises to be able to take reasonable steps to remove any hazard to you. They should also be someone who could have reasonably predicted the danger that the hazard presented.
How Can This Duty Be Breached?
Accidents in a public place can take a number of forms. The occupier of a space should make sure that any equipment available for your use is safe and well-maintained. If you sustained a rotator cuff injury when using a piece of faulty gym equipment, then this could be an example of a breach of duty. In this case, you could potentially pursue a public liability claim for your injuries.
You’re also owed a duty of care when you’re out in public in somewhere other than a business premises. You might find that trip and fall on a loose grate or manhole cover in the street. If you injure your rotator cuff as a result, then this could be grounds for a claim for compensation.
If you’d like to take advantage of our free legal advice, then you can get in touch with our team today.
Can A Road Traffic Accident Cause A Rotator Cuff Injury?
Every road user would like to think that they’re safe from the risk of injury while on the road. But road traffic accidents do happen, and may sometimes be the cause of a rotator cuff injury.
Any injury to your arm or shoulder has the potential to cause damage to your rotator cuff. Between 2001-2010, at least 29,593 road casualties resulting in injuries to the arm were reported. If you’re involved in a head-on collision, or someone else crashes into the side of your car, then the resulting force on your shoulder area could be enough to tear your rotator cuff.
Pedestrians, cyclists and motorcyclists are particularly vulnerable to injury while on the road. This is because they’re more vulnerable to injuries following an accident as they aren’t protected by a vehicle. In 2011, 22,264 vulnerable road users were admitted to hospital following an accident involving another vehicle.
Duty Of Care Of Road Users
As road users, there’s no piece of legislation that outlines the duty of care we have to one another. But we can look to the Highway Code to see what’s expected of us as far as ensuring our own safety and that of others.
It’s the responsibility of every road user to take reasonable steps to ensure that their action or inaction doesn’t pose a risk to others on the road. All road users are expected to adhere to the standards of the average motorist.
How Can A Road User Breach Their Duty Of Care?
All road users have a responsibility to keep their full attention on the road at all times. Failure to do so can cause an accident resulting in injury.
In 2019, 9,484 accidents occurred in which a poor turn or manoeuvre contributed to the accident taking place. If you make a turn without making sure that you have right of way and that your path is clear, then you could find yourself colliding with another road user. The resulting RTA could cause a rotator cuff injury, resulting in a car accident claim.
Often when an accident occurs on the road there’s more than one factor that contributed to the accident taking place. For example, in 2019 there were 1,023 accidents in which a driver or rider was both following another vehicle too closely and also failed to look properly. It’s not enough to focus on one aspect of being a responsible driver. Failure to take all measures to prevent an accident could result in a car accident claim.
If you’d like more free legal advice after you’ve sustained a rotator cuff injury in an RTA, simply get in touch with our team today.
Personal Injury Compensation Calculations From Our Specialists
When you’re seeking compensation following a rotator cuff injury, it mightn’t be immediately clear what’s included in your claim. A personal injury claim covers two types of damages. The general damages is the amount that you’ll be paid for any pain, inconvenience or suffering that you’ve experienced because of the accident.
The amount that your injuries are valued at may be determined by the Judicial College Guidelines. The amount you’re paid in general damages will depend on what injuries you’ve suffered, how severe they are and how likely they are to affect you in the long term.
To value the general damages head of your claim, you’ll be invited to a medical assessment where a doctor will look over your injuries. They’ll be able to confirm that your injuries were caused by your accident. They’ll also determine what the recovery process might look like.
If you’d like more free legal advice surrounding how your claim is calculated, then get in touch with our helpful team of advisers today.
What Are Special Damages?
The special damages head of your claim will reimburse you for anything you’ve had to pay out of pocket because of your injuries. This can include things like medication or physiotherapy that you’ve had to pay for. You can also claim back any travel expenses that you’ve incurred because of trips to appointments.
In some cases, long-term injuries might mean that you need to hire a carer, or make adjustments to your home. These expenses can also be covered in the special damages head of your claim.
If you’ve had to pay for anything as a result of your accident, then it’s advised that you keep any receipts as proof. This ensures that these costs will be taken into account when your claim is valued.
Case Study: £26,000 For Rotator Cuff Injury
Amie’s Accident
Amie, a 33 year old fitness instructor, was shopping in a supermarket one day when she slipped and fell because of a spilled bottle of milk. As she fell, Amie tried to break her fall with her arm but it became twisted under her weight as she hit the floor.
Amie immediately noticed a dull ache in her shoulder. She found that the pain became much worse the higher that she raised her arm. She wasn’t able to lift her arm above her head as the pain was too great.
Amie reported her accident in the supermarket’s accident book. She also took a photograph of the spill, which hadn’t been signposted.
After a few days, the pain in Amie’s shoulder wasn’t getting any better and she found it difficult to carry out her normal activities. She visited her GP, who sent her to the hospital. The doctor confirmed that she’d injured her rotator cuff.
Because of her injuries, Amie sought legal advice from a solicitor. She decided to pursue a public liability claim.
Recovering From The Accident
Amie was referred to a physiotherapist who showed her some exercises to help ease her pain. She found that these exercises actually made her shoulder pain worse.
Because previous treatments hadn’t worked, Amie was offered keyhole surgery to her shoulder. She did notice some improvement following the surgery, but it was a few weeks until she was able to resume her normal activities. She noticed that even after the surgery she still felt some pain when lifting her arm above her head.
After her physiotherapy sessions on the NHS ended, Amie decided to continue with sessions privately. She felt this would give her the best chance of regaining the range of motion in her shoulder in order to return to work.
While she was injured, Amie was unable to drive. She relied on taxis to get to and from her physiotherapy and hospital appointments.
Amie found it difficult to clean while she was injured. She hired a cleaner to help her around the house whilst she was unable to lift her arm.
Outcome Of The Claim
| Types of Special Damages | Includes | How Much? |
|---|---|---|
| Travel Expenses | Travel to and from hospital and physiotherapy appointments | £390 |
| Medications/Prescriptions | Course of physiotherapy, prescriptions for painkillers | £500 |
| Future Loss | 4 and a half months off work | £6,750 |
| Cleaning/Gardening | 2 hours of cleaning per week for 4.5 months | £360 |
From the table above, we can see the costs of Amie’s recovery. When we add this to the amount that her injuries were valued at, we can see that her claim was settled for £26,020.
Amie’s case is an example. It is not based on actual events but from past experiences of case handling.
Free Legal Advice From Our Team
When you pursue a claim for compensation, it’s natural to want to know how much you can expect to receive. This can lead you to search online for things like “how much is my shoulder injury claim worth?”. These kinds of searches will often bring up personal injury claims calculators. These online tools often don’t collect enough information to give you an accurate claim value.
Instead, you can get in touch with our knowledgeable team of advisers. Once we know more about your claim, we’ll be able to help. You’ll then be connected with our panel of expert personal injury solicitors. To take advantage of our claims valuation service, or for free legal advice, get in touch with our team today.
Find Out What No Win No Fee Is
An injury to your rotator cuff can be inconvenient, painful and expensive. But instructing a solicitor to act on your behalf in making a claim doesn’t need to leave you further out of pocket. No Win No Fee agreements mean that:
- You won’t be asked to make a payment to your solicitor before your claim begins
- In the event your claim is unsuccessful, you won’t be asked to cover your solicitor’s costs
- If your claim succeeds, a legally capped success fee will be taken from your compensation to cover fees
For free legal advice surrounding No Win No Fee agreements, get in touch with our team today.
Receive Your Free Legal Advice Today
If you’ve suffered from a rotator cuff injury because of an accident that wasn’t your fault and you’d like free advice around making a claim, you can
- Call us on 0161 696 9685
- Write to us using our online form
- Chat to us at the bottom right of this screen
More Resources And Guides On Rotator Cuff Injuries
- The law surrounding Health and Safety at Work
- Calculating your personal injury claim
- What are my rights following an accident at work?
- Claiming compensation after a fall on ice
- Shoulder Impingement- an NHS guide
- Using the NHS- a guide to services
Rotator Cuff Injury FAQs
How do I know if I have damaged my rotator cuff?
If your rotator cuff has been swollen or torn, you’ll notice a pain on the top and outer side of your shoulder. This pain will usually be worse when you lift your arm, particularly if you lift it above your head.
Can a rotator cuff heal on its own?
Better to get medical advice for a rotary cuff injury.
What should you not do with a rotator cuff injury?
Please see link for treatment rotator cuff injury.
Page by TS
Published by AL.