Do you need to know how to make a shoulder injury at work claim? Have you suffered a fracture or frozen shoulder because of missing health and safety precautions in your workplace? Perhaps you need advice on a compensation claim for a dislocated shoulder that was not your fault?
When you get in touch with our team on the contact details below, they can discuss your accident and shoulder injury. If it looks as if you have a strong case for claiming negligence against your employer, they could connect you to a member of our panel of personal injury solicitors. Find out more by:
- Calling our team to discuss your shoulder injury at work claim on 0161 696 9685
- Filling out the ‘contact us‘ request online
- Or by using the ‘live support’ portal for instant help.
Select A Section
- Types Of Shoulder Injuries In The Workplace
- Accident At Work Procedures
- Accident At Work, How Long To Claim?
- Shoulder Injury At Work Claim Settlements
- How Will My Case Be Settled?
- Make A Shoulder Injury At Work Claim With A No Win No Fee Solicitor
You may not know it, but you can make a claim for a shoulder injury at work if you can prove that the accident and injuries were caused by negligence. In the UK, a law called the Health and Safety At Work, etc Act 1974 applies a ‘duty of care’ to employers to ensure that they operate workplaces in a way where risk is removed or reduced as much as is reasonably practicable.
They can do this by conducting risk assessments, displaying Health and Safety Executive (HSE) posters, and making sure that all staff are properly trained or supervised. If some area of health and safety at work is not properly attended to and it causes an accident hurting your shoulder (or anywhere else) your employer could be liable to compensate you.
What could give rise to a shoulder injury at work?
With this in mind, below are some typically encountered accident scenarios in the workplace where a shoulder injury could plausibly result.
- Moving overly heavy items can dislocate the shoulder
- Colliding with a workplace vehicle can cause a fracture
- Falling downstairs at work or from a ladder or height can really harm the shoulder
- Repeated actions without sufficient breaks could provoke a shoulder injury
- As a consequence of workplace violence
- Slipping on an unattended wet floor or tripping on computer cables may increase the risk of rotator cuff tear damage
- Bursitis is an inflammation of the joint that could arise from over use.
It’s important to note that not every accident in the workplace is automatically the responsibility of your employer. Employees have a duty of care to themselves and other colleagues at work under Section 7 of the Health and Safety At Work etc Act 1974.
In addition to this, a claim cannot be made for an accident alone. It must involve actual injury or psychological harm. So when thinking about your shoulder injury at work claim, start by asking these three questions:
- Who had a duty of care?
- How did they breach it?
- Injured as a result?
Shoulder Injury Statistics
Our chart below shows non-fatal injury statistics to employees from 2020/21 according to injury site from RIDSITE.
Source : https://www.hse.gov.uk/statistics/tables/ridsite.xlsx
There are advisable procedures to follow after a shoulder accident at work. Therefore, the following could be a useful guide for you:
- Firstly, have your injuries attended to by a medical professional
- Report the accident in the workplace accident book
- Take photos of the area
- Obtain CCTV footage if possible
- Ask any witnesses if they would be willing to give a statement at a later date
- Seek a medical assessment with a specialist to see how bad the injuries are
- Arrange for appropriate medical treatment (surgery or physiotherapy)
- Consider starting a shoulder injury at work claim for compensation.
Importantly, you can start a claim on your own as it’s not a legal requirement to have a personal injury lawyer. However, the obvious benefits of working with an experienced lawyer may mean that your case has a far better chance of succeeding.
Furthermore, they could offer valuable advice on what to do if your employer disputes that the accident was their fault. They can also ensure your request includes any costs related to your shoulder problems that might arise in the future.
How long do you have to make a valid shoulder injury at work claim? According to the Limitation Act 1980, normally it is three years from the date of the accident or the date that you became aware of injury (date of knowledge).
This varies for people under the age of 18. Minors cannot make a personal injury claim for themselves. The time limit period starts from their 18th birthday, so giving them until age 21 to begin a personal injury claim. A litigation friend can be appointed to start a claim on behalf of them while they are still a minor.
Other exemptions may apply for those who do not have the mental capacity to claim on behalf of themselves. A ‘litigation friend’ can also act on their behalf.
Speak to our team for more details about this.
What is the average settlement for a shoulder injury like a rotator cuff injury? The amount you will receive in a successful claim will depend on the calculation of two types of damages called ‘general’ and ‘special’. General damages are amounts that are awarded for the injury. They aim to address:
- Pain and suffering
- Loss of quality in life
- Long term health damage
We have used the Judicial College Guidelines to create the table below. These guidelines are used by the legal system in personal injury claims.
|shoulder||severe (a)||£18,020 to £45,070||brachial nerve damage|
|shoulder||serious (b)||£11,980 to £18,020||dislocation, restricted movement|
|shoulder||moderate (c)||£7,410 to £11,980||frozen shoulder or tissue damage|
|shoulder||minor (d) (i)||£4,080 to £7,410||depending on severity recovery in less than 2 years|
|shoulder||minor (d) (ii)||£2,300 to £4,080||recovery within 1 year|
|shoulder||minor (d) (iii)||up to £2,300||within 3 months|
|clavicle||fracture of the clavicle (e)||£4,830 to £11,490||award depends on extent of fracture|
|neck||moderate (b) (iii)||£7,410 to £12,900||soft tissue injuries|
|neck||minor (c) (i)||£4,080 to £7,410||full recovery in two years|
|neck||minor (c) (iii)||Up to £2,300||full recovery in 3 months|
Whilst not guaranteed amounts, they offer a starting point for knowing how much your shoulder injury at work claim could be worth. Obviously, a medical assessment is essential to proving this and a personal injury solicitor can help arrange this for you with an impartial GP or specialist.
Special Damages in your Shoulder Injury At Work Claim
You should keep receipts to prove you incurred additional costs while recovering, or wage slips if you suffered a loss of earnings due to being unable to work. You can present these expenses in your claim for a shoulder injury at work under the special damages heading as long as they directly related to the injury. Others could include:
- Medical bills
- Travel costs for essential journeys
- Home adaptations
Get in touch with our team to see what other out-of-pocket expenses you may qualify for under special damages. Or you can use our compensation calculator right now.
Every personal injury claim must complete pre-action protocols. This is a way for both sides to understand the specifics of the case and present their version of what happened. Also, the protocols provide a rough time frame for both sides to adhere to.
Mediation and Arbitration
One of the pre-action protocols is mediation and arbitration. This involves an impartial mediator acting between parties with a view to reaching a resolution (and an amount of money) that both parties feel is fair. It’s important to note that most claims do not need to go to court.
Should you decide to work with a personal injury solicitor on your shoulder injury at work claim, a No Win No Fee agreement could help. When a solicitor works under a contract like this with you, there are:
- No upfront fees
- No fees whilst in progress
- If the case fails, there are no fees to pay your lawyers at all
- A successful outcome requires a fee of up to 25% from the settlement
Therefore, a No Win No Fee agreement could help you fund a solicitors service for a shoulder injury at work claim. They can explain the jargon, support your return to work, and ensure you get exactly the right amount in damages for now and the future. Find out more when you:
- Call our team to discuss your shoulder injury at work claim on 0161 696 9685
- Fill out the ‘contact us‘ request online
- Or use the ‘live support’ portal
Related Upper Limb Accident Claim Guides
- Read more about payouts for a frozen shoulder
- In addition to this, advice on shoulder injury compensation claims
- Or more information on compensation payouts for a crushed arm
- NHS advice as it relates to rehabilitation after a dislocated shoulder
- Further reading on manual lifting from the Manual Handling Operations Regulations 1992
- Lastly, advice about shoulder impingement from the NHS