Last updated on May 10th, 2022
If you suffer a shoulder injury at work due to your employer’s negligence you could claim compensation for any suffering that results. This means you could claim if you were involved in an accident caused by your employer or if a shoulder injury has developed over time because of poor working practices.
In this guide, we’ll look at how much compensation for a shoulder injury at work might be awarded, how the process of making a claim works, and what evidence can help support your claim to ensure you have the best chance of receiving a fair settlement.
We are here to support you if you do decide to take action against your employer. An advisor will review your case for free if you call our accident claims line. They’ll also explain your options and provide free legal advice on your next steps. If the case appears to be viable, we’ll ask a personal injury solicitor from our team to take over. They’ll represent you on a No Win No Fee basis if they accept your claim meaning you won’t need to pay them unless a compensation payout is made.
To discuss your claim with a specialist right away, please call us on 0800 6524 881 today. Otherwise, please read on to learn more about how much compensation for a shoulder injury at work could be paid.
Table of contents
- Am I Eligible To Claim Compensation For A Shoulder Injury At Work?
- What Workplace Shoulder Injuries Could Be Claimed For?
- Evidence For Shoulder Injury At Work Compensation Claims
- Types Of Accidents That Could Result In A Shoulder Injury At Work
- How Much Compensation For Shoulder Injury At Work?
- Shoulder Injury At Work Compensation Amounts
- Shoulder Injury At Work Claims Time Limits
- Do I Need A Solicitor To Claim Compensation For A Shoulder Injury At Work?
Employers must try to keep you as safe as reasonably possible while you’re working. This is their duty of care as laid out by the Health and Safety at Work Act 1974. It means that they should carry out risk assessments, provide safety training or supply personal protective equipment (PPE) to try and prevent you from suffering an injured shoulder at work whilst carrying out your duties.
Before your case is accepted by one of our personal injury solicitors, they’ll check whether you’ve got sound grounds for claiming. Essentially, this means they’ll check whether:
- Your employer broke their duty of care by being negligent; and
- As a result an accident or incident occurred; and
- Your shoulder was injured at work as a direct result of your employer’s negligence.
Your solicitor’s role will be to prove how the accident happened, why your employer was responsible, and the extent of your injuries. Therefore, supporting evidence will be needed to prove these things so we’ll explain what could be used shortly.
Based on the criteria set out above, you could seek damages for any type of shoulder injury at work caused by your employer. Some of the most common that our solicitors have dealt with include:
- Rotator cuff injuries.
- Dislocated shoulder.
- Frozen shoulder.
- Sprains and strains.
- Fractured collarbone.
- Tendon injury or ligament damage.
- Acromioclavicular joint damage.
If you’d like to see how much compensation for a shoulder injury at work could be paid in your case, please get in touch for a no-obligation consultation.
Employers usually ask their insurers to represent them in any shoulder injury at work compensation claim that is made against them. The starting point for any claim will be to deny liability for the accident and your injuries. It is therefore up to you to convince the insurance company about why you should be compensated. Using evidence is the best way to do so and you could use:
- Accident report forms. Legally, you are allowed a copy of the report form relating to your accident. It can be used to prove that your accident happened and when it occurred.
- Medical notes. Workplace shoulder injuries should always be assessed at a hospital, minor injuries unit or GP surgery. If you decide to claim, you can request a copy of the relevant medical records to help prove the extent of your injuries.
- Witness statements. If colleagues or customers saw your accident take place, ask for their details. If necessary, they might be asked to give your solicitor a statement about what happened.
- Camera footage. CCTV recordings are a great way to prove how your shoulder injury at work occurred. Therefore, try to secure a copy of any relevant footage before it’s deleted.
- Photographs. Also, you could take pictures at the accident scene to try and prove what caused you to be injured. Ideally, you should try to capture the root cause before it’s removed or repaired.
During your claim, you’ll likely need a medical assessment to help determine the extent of your injuries. This will be carried out by an independent medical expert. They’ll assess your shoulder injury, review your medical notes and discuss how you’ve suffered. Once the meeting has ended, they’ll send a report to outline your prognosis.
If you’d like to start a compensation claim for a shoulder injury at work, gather any evidence you may already have and give us a call on 0800 6524 881 for a free case review.
We’re often asked whether you can be sacked for making a shoulder injury at work claim against an employer. In short, the answer to that question is no you can’t.
Employment laws are in place to protect you from unfair dismissal and they mean you cannot be fired, demoted, punished or treated differently for making an honest workplace accident claim. Additionally, you shouldn’t worry about the impact of your claim on your employer’s business as they will have insurance in place to cover the cost of any compensation awarded.
To give you some idea of when you could claim compensation for a shoulder injury at work, we’ve added a few accident examples below. You might be able to claim if:
- Your shoulder was dislocated after you slipped on water at work because a leaking freezer hadn’t been repaired.
- Where your shoulder was fractured after a heavy item was dropped by a colleague from height because they hadn’t been trained on the company’s safety procedures.
- If you fell from poorly constructed scaffolding and injured your shoulder.
- Where you fell down a stairway because a handrail was loose.
- If you developed shoulder problems after working with heavy vibrating equipment over a prolonged period.
- Where a lack of manual handling training meant that your shoulder was injured while moving awkward loads.
- If you fell down a drain because the cover hadn’t been replaced even when it was known to be dangerous.
There are many more ways your employer’s negligence could entitle you to claim compensation for a shoulder injury at work. Therefore, please get in touch if you’d like us to check whether you have the grounds to take action.
Personal injury compensation is designed to cover any suffering caused by your injuries. That means you could claim for any physical, mental and financial suffering. Essentially your solicitor will base how much compensation for a shoulder injury at work to claim for on factors such as:
- Any pain your shoulder injury at work or remedial treatment caused.
- Loss of income if you couldn’t work due to your injuries.
- The impact your injuries had on social or family life as well as your hobbies (loss of amenity).
- Care costs if somebody needed to support you while you recovered.
- Travel expenses linked to your injuries.
- Medical expenses such as the cost of physiotherapy for shoulder pain.
- The cost of adapting your home to make it easier to cope with long-term disabilities.
- Future lost earnings if there will be any reduction in your capacity to earn.
Our solicitors can help with a shoulder injury at work claim and will always review your suffering in detail to try and secure the highest level of compensation possible.
To give potential claimants some idea about the level of compensation for a shoulder injury at work that could be awarded, we’ve included some compensation amounts below. They are based on the guidelines that the Judicial College advises for general damages.
- Up to £7,890 compensation for a minor shoulder injury at work.
- £7,890 – £12,770 compensation for a moderate shoulder injury at work.
- £12,770 – £48,030 compensation for serious to severe shoulder injuries at work.
We can’t guarantee these figures as each claim for a shoulder injury at work is different to the next. Therefore, please get in touch for a more personalised estimate.
Claiming compensation for a shoulder injury at work is time-limited. In most cases, you will have 3-years to make the claim starting from the date the accident happened. If you are claiming for an industrial injury or repetitive strain injury, it will begin from the date your shoulder injury at work was diagnosed by your doctor.
We would suggest that you start your claim as soon as possible rather than waiting until the end of the limitation period. That way, you’ll find it easier to recall what happened and to secure evidence to support your case.
If you decide to take action to claim compensation for a shoulder injury at work, it’s highly likely that your claim will be processed by the defendant’s insurance company. Therefore, if you can’t clearly demonstrate why you hold their client responsible for your injuries, they’re not going to want to pay you anything
We believe that when you have a specialist solicitor providing you representation this process is made easier. We also believe that you could achieve a higher settlement figure if you have a solicitor from our claims team on your side.
Therefore, to begin the claims process, please give us a call on 0800 6524 881 today. An advisor will assess your claim for free and let you know your options.
If your case is accepted, one of our No Win No Fee solicitors will be appointed. That means you’ll only pay them for their if you are compensated. Knowing this should make your claim a lot less stressful.
Please use live chat or give us a call if you have any extra questions about how much compensation for a shoulder injury at work might be paid.