In this guide, we will look at the process of claiming shoulder injury at work compensation. If you’ve had an accident at work and are wondering what your rights are, this article will help you understand how to claim for an injury at work.
A shoulder injury could have an impact on how you’re able to live your life. It might impact your mobility and cause you pain and suffering that you otherwise would not have experienced. If it happened because your employer breached their duty of care, then you could be entitled to claim.
Our team of advisors are always on hand to offer you free legal advice. If they feel that you have a valid claim, then you could be connected with a solicitor.
You can reach out to us by:
- Calling 020 8050 2736
- Contacting us through our online form
- Using the live chat feature on this page
Shoulder injury at work compensation claims guide
Choose A Section
- A Guide To Claiming Shoulder Injury At Work Compensation
- Do Employers Owe You A Duty Of Care?
- Top Tips For Seeking Injury At Work Compensation
- What Compensation Could You Receive When Making A Claim For An Injury At Work?
- Why Claim For An Accident At Work On A No Win No Fee Basis?
- Learn More About Seeking Shoulder Injury At Work Compensation
A Guide To Claiming Shoulder Injury At Work Compensation
Injuring your shoulder at work can severely impact the quality of your life following the accident. You could experience both physical and mental injuries after an accident at work. If you sustained injuries because of negligence, you could be entitled to make a claim.
Shoulder pain can be caused by a number of different kinds of injuries. The types of shoulder injuries that could happen as the result of negligence can range from relatively minor to live-changing and severe. The amount you could receive in a successful claim could be affected, in part, by the level of pain you were caused.
This guide aims to help you to understand how to prove that negligence was the cause of your accident at work. You’ll also learn how settlements in personal injury claims are valued.
If you would like free legal advice about shoulder injury claims, then please don’t hesitate to speak with a member of our team today.
Do Employers Owe You A Duty Of Care?
Every employer has a duty of care to their employees. The Health and Safety at Work etc. Act 1974 (HASAWA) is the piece of legislation that outlines this duty of care.
According to HASAWA, your employer needs to take reasonable steps to ensure your safety in the workplace. This does not mean that they need to reduce all risks. However, if they breach this duty of care, you could sustain injury.
To understand how you can seek compensation for shoulder injuries at work caused by employer negligence, we can look at a few different examples. For example, if an employer failed to maintain good housekeeping and left a spill on the floor without cleaning it or putting up a “wet floor” sign, slips or falls could occur as a result.
Furthermore, if an employer failed to provide you with the correct training, this could lead to an accident in the workplace that causes injury. For example, a staff member could be struck by a moving object if employees in a factory are not properly trained to stack items on shelves, causing them to fall.
If you’ve sustained multiple injuries as a direct result of employer negligence, then they could all be considered as part of your claim. Speak with an advisor today for guidance on how much your shoulder injury compensation claim could be worth.
Top Tips For Seeking Injury At Work Compensation
If you’re wondering what you should do after an accident at work, this section could help. It’s important first to receive the medical attention you require. This gives you the best chance of receiving a diagnosis and making a recovery from your injury.
As well as this, it’s also a great way to understand exactly how your recovery will go and roughly how long it will take. This is all-important, as it’ll be evidence to prove that your employer has shown negligence that’s led to your shoulder injury at work.
Below, we have included examples of the evidence you could use in a personal injury claim:
- The contact details of anyone who witnessed the incident occur. They could provide a statement.
- Any footage of the accident. For example, your workplace might have CCTV footage.
- Photographs of the injury and the scene where the accident took place.
- A personal diary to illustrate how your injuries have affected you physically or mentally.
The standard time limit to start a claim after an accident at work is three years. This can run from the date of the incident or the date you connected negligence with the injury you sustained.
There can be exceptions to this time limit, however. Speak with an advisor today for guidance on how long you have to start your claim for injury at work compensation.
What Compensation Could You Receive When Making A Claim For An Injury At Work?
General damages compensation is one of the two potential heads of claim that a settlement could consist of. It aims to compensate you for the pain, suffering and loss of amenity that your injuries have caused you.
This head of a claim is often valued with the help of the Judicial College Guidelines. This is a publication that contains guideline settlement amounts; legal professionals use it to assist them when assigning a value to a claim. It’s important to remember that these are only guidelines, and the amount you actually receive could vary.
| Injury | Severity | Compensation Amount | Notes |
|---|---|---|---|
| Shoulder Injury | Severe | £19,200 - £48,030 | Associated with neck injuries and damage to the brachial plexus. Significant disability occurs. |
| Shoulder Injury | Serious | £12,770 - £19,200 | Brachial plexus damage that results in shoulder and neck pain, aching elbow and weakened grip, for example. |
| Shoulder Injury | Moderate | £7,890 - £12,770 | Limited movement in the shoulder and discomfort for around 2 years. |
| Shoulder Injury | Minor (i) | £4,350 - £7,890 | Where soft tissue is damaged causing considerable pain but an almost fill recovery occurs within less than 2 years |
| Shoulder Injury | Minor (ii) | £2,450 - £4,350 | Where soft tissue is damaged causing considerable pain but an almost fill recovery occurs within a year |
| Shoulder Injury | Minor (iii) | Up to £2,450 | Where soft tissue is damaged causing considerable pain but an almost fill recovery occurs within three months |
| Injury to the Elbow | Less Severe | £15,610 - £32,010 | Impaired function but no requirement for surgery. |
| Clavicle Injury | Fracture | £5,150 - £32,010 | How much is awarded will depend on how severe residual symptoms are and whether they are permanent, among other considerations. |
| Arm Injury | Simple | £6,610 - £19,200 | Where the forearm has been fractured in an uncomplicated way. |
| Neck Injury | Moderate (iii) | £7,890 - £13,740 | Where a pre-existing condition has been accelerated or exacerbated over a period of less than 5 years. |
If you’d like a personalised estimate of how much general damages you could be entitled to shoulder injury at work compensation, why not get in touch? If you have a valid claim, you could be connected with a No Win No Fee solicitor from our panel.
What Else Could You Receive When Claiming Workplace Injury Compensation?
Special damages is the second potential head of a successful personal injury claim. This head of claim seeks to reimburse you for any financial costs or losses that your workplace injury has resulted in.
Below, we have included some examples of what special damages could cover:
- Medical costs or the cost of treatment
- Loss of earnings
- The value of gracious care from a loved one
- Special equipment required for recovery
- Items or clothing damaged in the incident.
- Any changes to your home to help you cope with your injury
- Travel expenses
- Future lost income if your injuries are serious enough that your ability to earn in the future will be affected
Why Claim For An Accident At Work On A No Win No Fee Basis?
You may want to work with a personal injury solicitor when making a claim but be hesitant about the prospect of having to pay large upfront fees to do so. If this is the case, then a No Win No Fee agreement could benefit you.
The solicitors on our panel can offer a kind of No Win No Fee agreement called a Conditional Fee Agreement. Under this kind of agreement, there are generally no upfront or ongoing fees to pay to your lawyer.
If your claim is a success, then your lawyer will deduct a small, legally-limited portion of your settlement. If your claim does not succeed, then you generally don’t need to pay your lawyer for the work that they have done.
To see if you could work with a solicitor from our panel on this basis, speak with an advisor today.
Contact Us For Free Legal Advice To See If You Can Make An Accident At Work Claim
We hope that this guide on claiming work injury compensation has been useful to you. If you have any questions or would like to start the claims process today, you can:
- Call us at 020 8050 2736
- Contact us through our online form
- Chat with one of our Live support advisors, available 24/7 on our website
Learn More About Seeking Shoulder Injury At Work Compensation
If you’re interested in finding out more about seeking shoulder injury at work compensation, then the guides that we have linked below could be of use to you:
Claiming for a fall from a height in work
Sprained ankle at work claims guide
Claiming compensation for hand injuries at work
NHS guide on shoulder impingement
A government guide on requesting CCTV that you appear in
This guide from the Health and Safety Executive (HSE) looks at upper limb disorders in the workplace
Writer Louis Price
Publisher Fern Stewart