By Stephen Kane. Last Updated 28th April 2023. 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.
Shoulder injury compensation claims guide
Select A Section
- A Guide To Shoulder Injury Compensation Claims
- Shoulder Injury Compensation Payouts In The UK
- What Are The Most Common Shoulder Injuries?
- Common Causes Of Shoulder Injuries
- What Are The Effects Of A Shoulder Injury?
- Shoulder Injury Compensation – What Evidence Will I Need To Claim?
- No Win No Fee Shoulder Injury Claims
- Where You Can Find Out More About Personal Injury Claims
A Guide To Shoulder Injury Compensation Claims
The shoulder is an important joint, and one that we use almost constantly throughout the day without quite realising just how much it does.
However, when your shoulder is injured, this will likely be brought home in quite a painful fashion.
Should the injury in question be due to someone else’s fault, then it is likely that you will not only be in pain, but be feeling aggrieved that the injury happened at all. This is when most people start to search as to whether they are able to make a compensation claim for shoulder injuries, whether this is against a local authority, their employer, a commercial building owner, or a driver on the road.
If you read the sections below, you’ll be able to learn all about shoulder injury compensation, what situations would lead you to seek this type of compensation, how to choose a personal injury solicitor to help you, why no win no fee is a great way to claim, and more about personal injury claim calculators and why we advise not to use them.
How Long Do You Have To Make A Shoulder Injury Claim?
The standard time limit for starting shoulder injury claims is three years. This is applied by law under the Limitation Act 1980. This time limit normally starts from the date of the incident that caused your injuries.
The time limit for claiming shoulder injury compensation payouts does work differently under a small number of circumstances. If a child suffers a shoulder injury, then the three year time limit is paused until the day the injured party turns 18. Also, the time limit is suspended if the injured party lacks the mental capacity to start their own claim.
If someone is currently unable to make their own claim, then a representative close to that individual (such as a parent or guardian) could potentially claim on their behalf by acting as a litigation friend.
Shoulder Injury Compensation Payouts In The UK
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.
General Damages
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.
| Injury | More information | Amount |
|---|---|---|
| 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 |
Special Damages
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.
What Are The Most Common Shoulder Injuries?
There are a huge number of things that can go wrong with the shoulder. Here, we take a look at some of the more common ones that are usually caused by accidents, and not wear and tear.
Instability of the shoulder – This happens when the ligaments and muscles holding the shoulder together are stretched too far. This can happen in lifting accidents. It renders the joint unstable.
If the ligaments were to be torn, then this can lead to the shoulder becoming dislocated. This is extremely painful and while sometimes the shoulder ‘pops’ back into the joint, sometimes it requires manipulation to be put back into the correct position. Recurrent dislocations might need surgery to correct.
Rotator Cuff Tear – We’ve explained what the cuff is, and where it is located previously in this guide. The tearing of the cuff makes it extremely difficult for a person to lift the arm and rotate it as normal. Rest is often required, but physiotherapy may be a requirement once the shoulder has begun to heal. You will likely need to take painkillers for this injury.
Overuse – If the shoulder joint is subject to overuse, then this can cause osteoarthritis, a painful condition that makes usual use difficult. This is common in work shoulder injury claims. Cortisone injections may be required for a person to regain some movement in the shoulder.
Other injuries, such as heavy blows may cause injury to the bones within the shoulder joint. These can be very painful and cause long-term issues.
If you have experienced a similar shoulder injury due to someone else’s negligence, you may be entitled to make a shoulder injury compensation claim. Call our team for more information.
Common Causes Of Shoulder Injuries
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.
What Are The Effects Of A Shoulder Injury?
With the shoulder being such an important joint, and one we use all the time, when it fails, it can cause untold disruption to our daily life, and even our state of mind, as it can be very frustrating and depressing not to do the things we once did.
Things like getting dressed, playing sports, and lifting loads can often be problematic and this can have a huge effect on our enjoyment of life, sports, and even our job.
There is also a diagnosed condition caused shoulder impingement syndrome, which involves a tendon catching within your body on some tissue or bone and causing long-term pain. This can last months or even years, and may require shoulder surgery to correct, if things like cortisone injections, rest, or physiotherapy don’t work.
Assessing a shoulder injury
Shoulder Injury Compensation – What Evidence Will I Need To 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.
How To Claim For A Shoulder Injury At Work
If you suffered a shoulder injury at work and would like to claim compensation, you must be able to prove that your employer breached their duty of care owed to you under the Health and Safety at Work etc. Act 1974 (HASAWA). This means that your employer must have taken all reasonably practicable steps to ensure the health, safety and welfare at work of their employees. If your employer was found to be in breach of this and it resulted in your pain and suffering, you could be eligible to make a shoulder injury claim.
As we stated above, an accident at work claim must be supported with evidence. A No Win No Fee solicitor specialising in accident at work claims could help you gather evidence. Additionally, they can ensure that your shoulder injury claim is filed in full.
Call our advisors for free legal advice if you suffered a shoulder injury at work due to employer negligence.
No Win No Fee Shoulder Injury Claims
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:
- Calling us on 0161 696 9685.
- Using the live chat option
- Filling out our contact us page
Where You Can Find Out More About Personal Injury Claims
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.