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. Whether you’ve injured your shoulder due to an accident in the workplace, in a road traffic accident, or as the result of a slip, or when you’ve fallen over, if someone else’s behaviour or negligence caused the shoulder injury, it may be possible for you, as a victim, to claim for shoulder injury compensation with the help of a personal injury lawyer.
Within this page, we explore the complexities of shoulder injuries, describe the situations that lead people to launch shoulder injury compensation claims, and show how we can help you bring one against the responsible parties. 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, but we’d advise you to take a look through the guide first in order to have most of your questions answered.
- Your Guide To Shoulder Injury Compensation Claims
- Shoulder Injury Compensation Calculator
- What Can My Shoulder Injury Compensation Claim Include Damages For?
- The Anatomy Of The Shoulder
- What Are The Most Common Shoulder Injuries?
- Common Causes Of Shoulder Injuries
- What Are The Effects Of A Shoulder Injury?
- How Are Injuries To The Shoulder Assessed?
- How Can You Prove Who Is Liable For Your Accident Or Injury?
- Can I Claim For A Workplace Accident Causing A Shoulder Injury?
- Shoulder Injuries Caused By A Car Crash Or Road Traffic Accident
- Shoulder Injuries Caused By An Accident In A Public Place
- Injuries To The Shoulder Caused By A Slip Or Fall
- What Reason Can I Make A Shoulder Injury Claim For?
- How Do I Make A Shoulder Injury Compensation Claim?
- No Win No Fee Shoulder Injury Claims
- How We Can Advise You If You Suffered A Personal Injury
- Talk To Advice.co.uk
- Where You Can Find Out More
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.
Almost always, the first question you’ll be asking is ‘Is claiming shoulder injury compensation worth my time?’. The answer is almost always a resounding yes. You will likely not only have incurred pain and suffering but also financial burdens because of the injury, and compensation may help to redress the balance. It could never quite make up for what you’ve been to, but may go some way to help you move on after your injury. The question ‘How much compensation will I get for shoulder injury however, is more complex.
You may have seen a personal injury claims calculator advertised elsewhere on the web, but here at Advice.co.uk, we prefer to advise people not to use these. The reason is this; because all claims are different, all personal injury settlements are too. Compensation for shoulder injury requiring surgery is often different to whiplash shoulder injury compensation, and no matter how many shoulder injury compensation case studies you look at, you’re unlikely to find one exactly the same as yours. These calculators rarely give accurate information, which is why we don’t have one here. What we do have, however, is information on guidelines for settlements, provided by the Judicial College in order that you can see average payouts for certain injuries.
Take a look here, and you’ll see rough guidelines on how certain injuries are calculated for. If you’d like any further advice on this, do give our team a call.
|Shoulder Injury Type||Average Bracket||More information|
|Severe||£16,830 - £42,110||Brachial Plexus and neck injuries are usually involved here. There are often severe effects on hand and arm movements|
|Serious||£11,200 - £16,830||Dislocation and lower brachial injury, loss of grip could be involved. Persistent symptoms are likely to be present.|
|Moderate||£6,920 - £11,200||Frozen shoulder can be included here. Symptoms can be present for up to 2 years|
|Minor||£3,810 - £6,920||Recovery in less than 2 years|
|Minor||£2,150 - £3,810||Recovery in less than 1 year|
|Minor||Up to £2,150||Recovery in 3 months|
Shoulder injuries can be complex, and they may stop you doing certain things. One thing is for sure, however, and that is that they are painful. If someone else has caused you this pain, it is only right that you are able to claim for it, as well as financial loss that you’ve suffered directly due to the accident.
Your compensation payout will likely be split into:
Pain, discomfort, torment; call it what you will, but you will likely have suffered a bit if you’ve obtained a shoulder injury. This is what general damages compensates for. The amount will likely be awarded based on the severity of the shoulder injury, as well as your chances of a full recovery.
These are for monetary losses you’ve faced, and could include:
Has someone had to care for you due to your injury? Have you had to have someone come in to care for any dependents while you recover? If the answer is yes, this is likely to have incurred a cost, which can be claimed for.
Slings, physiotherapy, prescriptions or costs for being in hospital such as car parking etc? These come under this bracket.
Loss of income
Been off work on less than full pay? Likely to have to take reduced duties on your return, or worse, have to give your job up? Then losses now and in the future could be considered.
Need to go to hospital on the train? Use your own petrol to get there by car? Travel costs associated with your claim and your treatment could be covered.
As previously mentioned, the shoulder is an important job, and to understand what it does that makes it so important is easy when you follow the explanation below.
The joint is made up of the scapula (blade) of the shoulder, which is like a socket. The upper arm (humerus) bone fits into this, like a ball. The other vital parts of the joint are the clavicle which is also known as the collarbone. This meets the acromion, part of the scapula, in what’s called the acromioclavicular joint. On top of all this is the rotator cuff. This is a number of tendons and muscles that help with movement of the shoulder, and they also support the joint. Then, there is the bursa, which is a small sec filled with fluid that cushions the joint, and labrum; a cartilage cuff that helps the humerus fit into the scapula.
All this works together to provide a joint with a full range of movement that allows the arm to move properly.
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.
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.
- Shoulder accidents in the workplace
- Shoulder accidents on the road
- Shoulder accidents in a public place
- Shoulder injury due to slip and fall
- Shoulder injury due to repetitive strain
- Shoulder injury due to fall from height
- Shoulder injury due to heavy lifting
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.
The only way to correctly ascertain the severity of any shoulder injury is via a medical exam. A medical professional may ask you to do some movement, take a full history, including asking you about your level of pain, then perhaps send you for scans. The results of these will be compiled into a medical report and this will form part of the evidence required to ascertain your shoulder injury compensation.
Proving who is liable for your shoulder injury requires certain conditions to be met. You are required to prove that the person/s were responsible for your safety, that they failed in this responsibility and that the failure led to your shoulder injury.
This is where a no win no fee solicitor comes in; as they know the sort of proof that is required for this. In addition, however, you may be asked, not only to attend a medical to assess your injury, but to provide an account of what’s happened, any witness details if anyone else was present, any photographical evidence as well as proof of costs incurred as a result of your shoulder injury.
In short, yes you can. If your employer failed to risk assess you, train you correctly, offer you personal protective equipment where required or keep the workplace safe, then if you receive a shoulder injury as a result of the negligence then they are liable for that injury and you should be able to claim compensation.
Shoulder accidents in the workplace can be caused by trip hazards being left out leading to falls, unsafe lifting practices, incorrect seating positions at desks, and more.
It’s worth knowing that while you may be worried about your job should you claim, you really need not be. Your employer is required to have insurance to cover this type of claim, and they’re not allowed to treat you any differently because you are putting forward a claim. It is also worth considering that by making a claim, you should be able to help prevent the same thing happening to another employee.
Road accidents can cause major trauma to the body, and the shoulder can be stretched out of place, leading to some of the injuries mentioned above. A heavy blow can also cause a lot of damage to the shoulder. Brachial plexus injuries are common in road traffic accidents, as well as nerve, tendon and muscle damage.
Your local authority is responsible for your safety in public places, and if they haven’t repaired a pavement and you’ve fallen, or a pothole that should have been fixed or signposted was not and you were injured, then you would likely have a claim for shoulder injury compensation. Similarly, owners of commercial buildings also have the same responsibility, so if you have slipped on a wet floor that was not signposted at a supermarket, or shop, or hotel, then you might have cause to launch a shoulder injury compensation case there too.
Some of the most common accidents, whether on the pavement, in a shop, in someone’s workplace, or anywhere include slips and falls. Depending on whether you’ve fallen from height, on the same level, or into another object, your shoulder injury from slip and fall may be only minor or it may cause you issues for years to come.
The way in which you’d ascertain whether you have a reason to make a shoulder injury claim is by taking an outsider’s look at the events that had occurred. There are three components that make up validity of claims and they are as follows:
1. Someone must have been responsible for wellbeing or safety of the victim. This could be an employer liable for employee health and safety, a building owner for health and safety of building inhabitants, or a driver responsible for the safety of their vehicle on the road.
2. There must have been an incident that caused injury or harm to the victim. No matter what, this must be evidenced, which is why seeking medical attention directly following an incident is a must.
3. It must be proven that the person/entity’s failure in their duty to preserve your safety directly resulted in harm to you.
If the above criteria are filled, then it is wise to contact a quality personal injury solicitor, who can pull together the argument that you are entitled to compensation for what has happened to you.
When you’ve ascertained that you’ve been injured, and it wasn’t your fault, but someone else’s you may not quite know what to do next. One of the most important things that will likely take a lot of stress out of your claim, is to get a personal injury lawyer with experience in this field to help you claim. By calling Advice.co.uk, you can start the ball rolling. We’ll offer you our input into whether you’d have a case for someone to answer, and we can also help connect you with a no win no fee solicitor to take your case forward to conclusion.
When considering making a shoulder injury compensation claim, it is essential that you aren’t put off by what you feel are huge legal bills. It is, in fact, entirely possible to put forth a shoulder injury claim without having to pay a penny upfront. This way is called no win no fee. It involves you and your chosen solicitor signing an agreement called a CFA that comes with the condition that a percentage of your eventual compensation payment goes to your solicitor for their efforts. As you cannot give a percentage of £0, if your claim doesn’t result in a compensation payment, then you don’t owe your lawyer anything.
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.
We are ready and able to help answer questions on shoulder injuries. While we have covered a lot in this guide, we do understand that questions still arise, especially when it comes to complexities surrounding some cases. We’ll be able to listen carefully to what’s happened to you, advise you on a course of action (you don’t have to take our advice though!) and then connect you to a personal injury solicitor to take your claim forward. We do so with great customers service, a professional yet friendly approach and confidentiality guaranteed.
The process you need to follow is below:
|Get in touch with the Advice.co.uk team||We’ll assess the claim||We can then, once you’re ready, begin to help you with your claim.|
It’s easy to get hold of advice on shoulder injury compensation. Just call 0161 696 9685 and we will happily talk over your case. Whether you have questions you need answering or you’re ready to find a personal injury solicitor, we can help find what you need. We look forward to hearing from you.
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.