What Are The Stages Of A Shoulder Injury At Work Claim?

By Mary Nora. Last Updated 6th December 2022. This guide will explain how to make a shoulder injury at work claim. If you suffered an injury to your shoulder because of poor health and safety standards in the workplace your employer may be in breach of their duty of care. In which case, you may be eligible to make a claim for compensation for the injury.

This guide will look at making a shoulder injury compensation claim. Moreover, we will answer questions you may have about claiming, such as how much money can you get for a shoulder injury at work?

Shoulder injury at work

Shoulder injury at work claims guide

To begin your workplace shoulder injury claim, don’t hesitate to contact UK Law today. Our advisors will review your case. If they are satisfied that it could have a successful outcome they could appoint a specialist personal injury solicitor from our panel to your case. And, all cases taken on by a solicitor we connect you with will be pursued under a No Win No Fee basis. You can:

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Finding A Solicitor To Handle Your Shoulder Injury At Work Claim

When you are at work, your employer is responsible for your health and safety. Indeed, under the Health and Safety at Work etc. Act 1974, your employer owes you a duty of care. So, what happens if your employer neglects proper health and safety standards at work and this results in an accident which was avoidable. If you can show that the accident at work was caused because of negligence you could have a strong basis to begin a personal injury claim.

An accident at work can cause the following shoulder injuries:

  • A dislocated shoulder injury happens when the upper arm pops out of the shoulder joint. After medical treatment, a dislocated shoulder can take 6 – 12 weeks to heal.
  • A shoulder fracture injury can be painful and debilitating. Indeed, the injured person may not be able to work whilst their shoulder injury heals.

Shoulder injuries can be caused by a variety of different accidents including slips, trips and falls. Or a worker can be struck by a moving object, causing a shoulder injury. Therefore, employers are responsible for assessing the workplace and reducing or removing risks to prevent accidents at work.

To begin your compensation claim for a shoulder injury at work, please contact UK Law today. Our panel of personal injury solicitors have solid experience handling shoulder injury at work claims. They will value your claim accurately to make sure you receive the right compensation for your injuries.

Pre-Action Protocols

When you begin a shoulder injury at work claim, pre-action protocols will for part of the shoulder injury claim process. If you have chosen to work with a personal injury solicitor they will conduct these on your behalf. The pre-action protocols are a process where both parties exchange information with the hopes of resolving the dispute and agreeing to a settlement. A key purpose of engaging in the pre-action protocols is to avoid court proceedings.

Sometimes the defendant’s legal team may make a Part 36 offer. A Part 36 offer is an offer of compensation, an alternative to taking the claim to court. If the defence makes a Part 36 offer, your solicitor will be able to advise if the settlement is fair

Support Your Claim With Documentation And Evidence

To claim compensation for an injury to the shoulder, you will need to provide evidence to prove the following. Firstly, you worked for the defendant and therefore, the defendant owed you a duty of care. Secondly, the defendant acted negligently, which caused your accident. And finally that the accident directly caused your injuries. You can collect evidence to support your compensation claim when you are well enough.

Our panel of solicitors can use the following evidence to prove your shoulder injury claim:

  • CCTV footage of your accident at work
  • Solicitors can take statements from workers who witnessed your accident
  • Photographs of your injuries, if they are visible
  • Photographs of the safety hazard at work that caused your injuries
  • Please report your accident to your manager. Your manager should record the accident at work in your workplace’s accident log book.

Medical Evidence

Most shoulder injuries require medical attention. Indeed, if you do not get medical treatment for your shoulder injury, it may worsen. However, it is also important to get the appropriate medical treatment so that a doctor can diagnose your injuries. Additionally, you can use your medical records to prove that you were injured.

Moreover, you may undergo a medical assessment when work begins on your injury claim. The physician will produce a medical report, which your solicitor will use to help value your claim.

Negotiate Your Shoulder Injury At Work Claim

Hopefully, the pre-action protocols will resolve your shoulder injury at work claim. However, if the pre-action protocols do not resolve the dispute, there are alternative routes to take in the claims process before the claim goes to court. Both sides will want to avoid court.

Mediation

Mediation is a proceeding where a mediator attempts to resolve the claim “without prejudice”. Therefore the mediator will not be biased toward either side.

Arbitration

Arbitration is a private hearing to settle a dispute. The claimant and the defendant agree to accept the arbitrator’s decision beforehand.

If your personal injury at work claim is successful, who pays your compensation? By law, your employer needs to have employer’s liability insurance for cases when an employee makes an accident at work claim. Therefore it should be the insurer who pays the compensation.

Shoulder Injury Compensation Payouts In The UK

If you’ve suffered due to an injured shoulder caused by negligence, you may have grounds to make a shoulder injury claim. Shoulder injury compensation payouts in the UK are determined by taking into account various factors, such as the severity of the injury. In addition to these considerations, solicitors use the Judicial College Guidelines (JCG) to assist them in valuing claims.

Your shoulder injury claim could include general damages and special damages. General damages cover the pain and suffering you’ve experienced due to your injured shoulder. If you’ve suffered related financial losses, they could be compensated for under special damages.

The table below contains compensation amounts from the recent publication of the JCG. They do not equate to the average shoulder injury compensation payouts in the UK as every claim is different. The payout you might receive may not match these amounts since your specific circumstances will affect the value of your shoulder injury claim.

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Type of Shoulder Injury Damages Notes
(a) Severe shoulder injury £19,200 to £48,030 Shoulder injuries which may be associated with a neck injury. There may be brachial plexus damage.
(b) Serious shoulder injury £12,770 to £19,200 Could include, dislocated shoulder injuries with brachial plexus damage, those causing weakness and symptoms in the forearm, hand and grip, a fractured humerus which causes restricted shoulder movement or some rotator cuff injuries.
(c) Moderate shoulder injury £7,890 to £12,770 This may include a frozen shoulder where symptoms have persisted for two years.
(d) (i) Minor shoulder injuries £4,350 to £7,890 Where recovery takes place in around 2 years.
(d) (ii) Minor shoulder injuries £2,450 to £4,350 Where recovery takes place in around a year
(d) (iii)Minor shoulder injuries Up to £2,450 Where recovery takes place in around 3 months
(e) Fracture of the clavicle £5,150 to £12,240 How much is awarded in damages will be contingent on how serious the fracture has been.

Please note that the compensation amounts in this table are not guaranteed. The final settlement you receive may vary. Please feel free to call UK Law. A claims advisor can discuss how much compensation you could be owed.

Speak To Our Team Today

The advisors at UK Law can assess your shoulder injury at work claim claim today for free. Where they can see that you have good grounds to make an accident at work claim they could connect you with a solicitor. You will have the option to work with a No Win No Fee solicitor.

Working with a solicitor under a Conditional Fee Agreement means that there are not upfront fee to hire the solicitor. Or any as the claim progresses. If the case loses you will not be required to pay your solicitor for their service. Only when the claim is won will you need to pay a success fee to your No Win No Fee solicitor.

If you have suffered a shoulder injury that was not your fault, begin your claim today. Please use the details below to contact UK Law:

  • Call us on 020 3870 4868
  • Or start your claim online via our website
  • Or use the advice widget to ask us a question right now

References

We appreciate you taking the time to read our guide. You may also find these compensation claim guides helpful if an accident at work has injured you.

Can You Sue Your Employer If You Get Hurt On The Job?

An Employer’s Responsibilities Following a Workplace Accident

How To Make An Agency Worker Injury Claim

An NHS guide to shoulder pain

An NHS guide to shoulder impingements

Reporting an accident to the HSE, under RIDDOR

Thank you for reading our guide to a shoulder injury at work claim.

Writer AL

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