By Stephen Kane. Last Updated 13th February 2024. Welcome to our guide to shoulder injury claims. In this guide, we’ll discuss the potential settlement value of a shoulder injury claim. We’ll also provide information on using a shoulder injury compensation calculator and why they would not be able to give you an accurate sum for rotator cuff tear compensation. This guide could prove useful to you if you’re considering claiming compensation for a shoulder injury, including whiplash.
When a shoulder is injured, there are a lot of things you’ll find you can no longer do – at least while it recovers. It’s also likely to be quite painful, and you might find it affects you more than you would have thought.
We also talk about approximate compensation brackets for certain types of shoulder injuries.
You can chat to us at any time on 0161 696 9685, or see what other personal injury claims we could give guidance on, but we’d advise you to take a look through the guide first in order to have most of your questions answered.
Select A Section
- Who Can Make Shoulder Injury Compensation Claims?
- Shoulder Injury Compensation Payouts In The UK
- Common Causes Of Shoulder Injuries
- Shoulder Injury Compensation – What Evidence Will I Need To Claim?
- No Win No Fee Shoulder Injury Compensation Claims
- Where You Can Find Out More About Personal Injury Claims
There are various situations in which you could suffer a shoulder injury. However, in order to have a valid compensation claim for your shoulder injuries, you will need to prove that a third party owed you a duty of care, and that a breach of this resulted in your injuries.
Here are a few situations in which you could be owed a duty of care:
- While at work. Your employer must take all reasonable and practicable steps to ensure their employees’ health, safety and welfare at work. This is their duty of care as per the Health and Safety at Work etc. Act 1974 (HASAWA). If they fail to adhere to this and an injury occurs as a result, you could be eligible to make an accident at work claim.
- In public spaces. The person or organisation with responsibility for a public place must ensure your reasonable safety while you are using the premises under the Occupiers’ Liability Act 1957. You could make a public liability claim against the occupier of a public space if you suffer shoulder injuries because of a breach of this duty of care.
- On the roads. All road users, including cyclists, motorbike riders, pedestrians and vehicle drivers, must use the roads in a way that prevents damage and injury occurring to themselves and others. This is their duty of care. As part of complying with this duty, road users should adhere to the Road Traffic Act 1988 and the relevant rules within the Highway Code.
If you would like to discuss shoulder injury compensation claims, please speak to a member of our advisory team. They could also assess the eligibility of your case.
You might be interested to know how much your shoulder injury claim could be worth. In this section, we look at shoulder injury compensation payouts.
Your award could be formed of two claiming heads: general damages and special damages. We look at each below.
If your claim is successful, you will receive general damages. This is compensation for the physical pain and mental suffering caused by your injury.
Legal professionals use the Judicial College Guidelines (JCG) as guidance when assigning value to pain and suffering. The JCG is a document that lists injuries next to compensation brackets.
Our table below contains figures from the JCG. We’ve only provided it as guidance. The figure in the top row is not from the JCG but is provided to show you how compensation could be awarded in a successful claim.
|Multiple Very Severe Injuries Plus Special Damages
|Claimants could receive payouts for more than one very serious injury and incurred costs, such as nursing expenses and lost wages.
|Up to £150,000+
|Shoulder Injury - Severe
|Often associated with neck injuries and involving damage to the brachial plexus. It could result in significant arm and neck symptoms.
|£19,200 to £48,030
|Shoulder Injury - Serious
|Dislocation and damage to the lower part of the brachial plexus, which results in a loss of grip. Persistent symptoms are likely to be present.
|£12,770 to £19,200
|Shoulder Injury - Moderate
|A frozen shoulder that results in limited movement and discomfort. Symptoms can be present for up to 2 years
|£7,890 to £12,770
|Shoulder Injury - Fracture of Clavicle
|How much is awarded will depend on the extent of the fracture, if there are any residual symptoms and whether the union is anatomically displaced.
|£5,150 to £12,240
|Shoulder Injury - Minor (i)
|A soft tissue injury that completely recovers in less than 2 years.
|£4,350 to £7,890
|Shoulder Injury - Minor (ii)
|A complete recovery within a year from a soft tissue injury.
|£2,450 to £4,350
|Shoulder Injury - Minor (iii)
|Withing 3 months a complete recovery is made from a soft tissue injury.
|Up to £2,450
In addition to general damages, some claims include special damages. This is compensation for any expenses you may have incurred due to your injury. However, it is likely that you will need to submit proof of your expenses, such as receipts.
Special damages shoulder injury compensation amounts may include recovery of:
- Lost income; this includes present and future loss of earnings as well as pension contributions.
- Carer costs. For example, if you need someone to help you get dressed.
- Home help, such as cleaning or childcare while you recover.
- Medical expenses. These can include prescription costs, therapy or physiotherapy.
Call our advisors for a free valuation of your claim. They can also advise you on what could be included under special damages.
There can be any number of shoulder injuries that lead to compensation claims. Here, we break down some of the more common ones, but if you’ve suffered this injury through another cause, then do not let this put you off making shoulder injury compensation claims. Just call our team and we’ll talk over with you whether you’d have a claim.
- Workplace accidents: These could include repetitive strain injuries, falls from height, slips and falls on the same level or heavy lifting.
- Road traffic accidents: These might include head-on collisions or rear shunt accidents.
- Public place accidents: These might include a slip, trip or fall.
Please note, to pursue compensation, you must show that someone failed to uphold their duty of care and caused you harm as a result. Call our team to see if you’re eligible to receive a settlement value for a shoulder injury claim.
You may be searching for an online shoulder injury compensation calculator for an estimate of your claim. However, these may not always be the most accurate. Evidence is important in order to make a successful claim and these calculators may not always take all proof into account.
For example, if you were claiming special damages compensation, a shoulder injury calculator may not include this in an evaluation.
When compensation is being calculated, legal professionals require evidence of the injury you have suffered. For example, this could be in the form of either a medical report of your injury, or photos taken at the scene of the accident.
If you are eligible to claim under special damages, you can also collect and maintain items like receipts, payslips or invoices that can support that you experienced financial loss.
If possible, you should also gather evidence that shows how the liable party breached their duty of care to you. This could include:
- Photos, dashcam footage or CCTV footage of the hazard that injured you
- Contact details of witnesses who can provide supporting statements
- Dated emails if you had any correspondence with the faulting party
All of this could help ensure that you receive the correct amount of shoulder injury compensation in your claim. Please get in touch with a member of our team for any help you may need with collecting evidence.
When considering making a shoulder injury compensation claim, it is essential that you aren’t put off by the cost of hiring legal representation. It is, in fact, entirely possible to put forth a shoulder injury claim with a solicitor without having to pay a fee upfront. This way is called No Win No Fee.
It involves you and your chosen solicitor signing an agreement called a Conditional Fee Agreement (CFA) that comes with the condition that a percentage of your compensation is paid to your solicitor. If your claim doesn’t result in a compensation payment, then you don’t pay this percentage.
The benefits of this type of claim extend beyond the financial. You’ll also know that your solicitor will be working hard for your compensation, as they won’t want to lose out on their money. You’ll also know that they wouldn’t just take on your claim if it didn’t have a good chance of success.
Contact Our Team
If you have any questions about claims for a shoulder injury or compensation amounts for such injuries, then please reach out to one of our advisers now by:
Some more information you might find of interest can be found in the links below:
- Shoulder Pain – An NHS Guide – Do you want to know more about shoulder pain? Read here.
- Publication on prevention of slips – Advice for employers about prevention.
- Workplace health and welfare – HSE approved code of practice
- More information on shoulder impingement – An NHS guide.
- Damaged Nerve Injury Claims– Visit this guide if you have experienced shoulder nerve damage as a result of someone else’s negligence.
- Pedestrian Accident Compensation Claim– See our helpful guide on claiming compensation as a pedestrian.
- Agency Worker Injury At Work Claims– Visit our guide to learn more about claiming for an injury sustained as an agency worker.
- Can Pre-Existing Injuries Affect A Whiplash Claim? – Read our guide to understand whether a pre-existing injury could affect your claim for a whiplash injury.
- Accidents Caused By Fatigue And Tiredness In The Workplace – See our guide to find out if you can claim for an accident or injury caused by fatigue or tiredness at work.
- How To Prove Liability In A Slip And Fall Case – See this guide for more information on slip, trip and fall claims.
- Can a Whiplash Claim Be Refused? – Read our guide for more information on if a whiplash claim could be refused.
- What Is The Minimum Whiplash Payout? – Read this article to learn more about the minimum payout you could receive from whiplash claims.
- How Long Does a CICA Claim Take? – Find out here how long a CICA claim could take if you’ve suffered from a criminal injury.
Thank you for reading our guide to shoulder injury claims. Now, hopefully you’ll be aware of what compensation for whiplash and shoulder injury could be and how to make rotator cuff tear compensation claims. You’ll also be aware that a shoulder injury compensation calculator could only give you rough guidance on the settlement value of a shoulder injury claim.