By Danielle Newton. Last Updated 23rd August 2023. If you have injured your shoulder in an accident caused by a third party’s negligence, you might be eligible to pursue rotator cuff injury compensation. In this guide, we’ll discuss the legal duty of care that is owed to you to prevent you from sustaining a shoulder injury at work, on the road or in a public place.
Additionally, you may have questions after suffering shoulder pain, such as:
- ‘What is the average payout for a rotator cuff injury?’
- ‘How much compensation will I get for a rotator cuff injury?’
- ‘What are Conditional Fee Agreements?’
As well as discussing what the average shoulder injury compensation payouts in the UK are, we’ll discuss the benefits of working with specialist solicitors from our panel and how they could improve your chances of getting the maximum compensation payout for a rotator cuff tear.
You can come to our advisors with any questions and at any time. They offer free legal advice and may be reached via the following ways:
- Calling 0800 408 7825
- Use our live chat window on your screen
- Or contact us and we’ll get back to you as quickly as we can
Select a Section
- A Guide To Calculating Rotator Cuff Injury Compensation
- What Is A Rotator Cuff Injury?
- Types Of Financial Problems
- Accidents Resulting In Rotator Cuff Injuries
- Easy Explanation Of Care Claims
- Professional Estimate Of Your Payout
- Case Study: £23,000 Payout For Rotator Cuff Injuries
- Shoulder Injury Compensation Amounts 2022
- Claim Shoulder Injury Compensation Payouts In The UK With No Win No Fee Legal Help
- Further Reading
In this guide, we will examine a typical example case study of someone involved in an accident in work who decided to seek compensation for her injuries. Whilst only an example, it describes the process from beginning to end and can help clarify what you could actually include within your compensation package.
We show you how to establish who was to blame if anyone, how they might have breached their legal responsibility to your safety, and how a medical assessment could back your claim up. We describe the many advantages of using a No Win No Fee solicitor and provide links to further reading throughout the article to help you. We conclude with advice about how to find the best suited personal injury solicitor for your case.
We concentrate on three mains areas of liability:
- Accidents in the workplace
- Injuries sustained in public areas
- Road traffic accidents (RTA’S)
If you suffered shoulder or arm injuries due to the negligence of someone else in any of these areas, speak to our team today. You could have grounds to seek rotator cuff injury compensation.
The law is clear about the duty of care. In the workplace, The Health And Safety At Work etc Act 1974 clearly outlines the responsibilities of employers and employees to create the safest possible environment for everyone. Severe penalties can be enforced if this care lapses. If your injury happened at work, through employer negligence you could have a case. Please read the Act for more information. Any questions, just give us a call.
The Occupiers’ Liability Act 1957 provides the same sort of protection in public places and anywhere that is accessible to the public. Local public areas are also covered under this duty, so any accident in the street, a park, or any municipal building and public area that could have been avoided and caused you to suffer could make you eligible for a compensation claim. Did you trip on broken pavement or slip in an unattended spillage and injure yourself? Did anyone lapse their duty of care?
Lastly, The Highway Code obliges all road users to show a duty of care to each other and everyone who uses the roads, including cyclists and pedestrians. This law expects a standard of diligence and care regardless of the age or experience of the driver. It also urges all road users to anticipate that some people may not demonstrate this requisite care and to be alert to that.
These laws are designed to work together to protect your safety in the three main areas of life. Speak to us today if your suffered injuries from an avoidable accident in any of them.
A rotator cuff injury affects the shoulder and movement in that arm and can be a prolonged and painful injury. The NHS offers information about how to properly diagnose and treat this injury with advice about care and prognosis. If you suffered this injury because of the carelessness of someone else who owed you a duty of care, you could have grounds to sue. But what are you suing for?
When compensation is being awarded the first area that is considered is the pain and suffering the injury has caused you. The second repercussion of an injury like this can be finding yourself suddenly unable to work. You may find that you are losing income and not able to keep pace with your financial commitments as you normally do. Special damages are a type of compensation that your No Win No Fee solicitor if you choose to use one can seek on your behalf to reimburse you for any expenses and losses you incur as a result of the injury. We come on to these damages in more detail in a moment, but they represent possible help to halt the worry of debt on top of the distress of your injuries.
Numerous scenarios could involve damage to your rotator cuff, positioned as it is at the top of your shoulder. Tripping and falling badly, slipping on wet surfaces, being in a road traffic accident, or being the victim of assault could all damage this part of your arm. Government statistics show the alarming rate of accidents that can happen in the workplace, with 693,000 people hurting themselves at work in 2019/2020. It can be all too easy to injury this part of your body.
Cyclists can be prone to injury on the roads and falling or being knocked from your bike could result in an injury like this also. Unprotected by a metal framework, cyclists are uniquely vulnerable and can easily be injured as a result of reckless driving.
Shoulder injuries can be very debilitating. Whether it’s your dominant arm or not, any movement could be naggingly painful, and attempting to continue as normal with daily tasks could set your recovery back. You may be in a sling for up to six weeks or require corrective surgery. All of these medical requirements put you out of full normal functioning for a while and you could need practical help.
Family and friends can assist and they can be reimbursed at an hourly rate for this if exact records are kept and can be presented as evidence. If ‘gracious care’ as it’s known cannot be relied upon, you may need to pay for the services of a professional carer to help you cook, wash, clean, and food shop. At around £650 per week, these costs can eat into savings very quickly.
A skilled No Win No Fee lawyer will show you how to keep a log of all these expenses, retain receipts, and present them as part of your damages in your case. Only with this evidence can you have a chance at making the defendant pay them back to you and stop the slide into financial injury.
A medical assessment might give rise to anxiety but in reality, it’s a great opportunity for you to have a medical professional validate your claim of injuries caused by the accident. They can confirm that your injuries were indeed a result of what happened that day and not because of a long-standing or pre-existing condition. Once confirmed, this forms a solid pillar of your case in court. Your No Win No Fee solicitor may then seek two different heads of damages for you.
General damages are awards set by the Judicial College Guidelines to reflect pain and suffering for a whole array of bodily and psychological injuries. The JCG estimate that for a serious rotator cuff injury with persistent symptoms and requiring surgery, it could be possible to be awarded between £11,980 – £18,020.
Special damages aim to redress all the financial impacts of your injuries. Perhaps you lost potential work opportunities or actual earnings? You may be out of pocket from needing to pay for personal care. Travel costs to hospitals or specialists, medical adaptations, physiotherapy, and any other monetary requirements of coping with the results of a no-fault accident could be included under this heading of damages.
Speak to our team today about how you could potentially begin a claim for rotator cuff injury compensation and reverse the financial damage caused by an accident that wasn’t your fault.
Miss. Thomas was working overtime one night. She worked at her company’s office block. As she was leaving the office for the night she decided to use the stairs rather than the lift with it being so late. The lighting in the stairway was really poor several bulbs were missing. As she was walking down the stairs she went to grab on to the handrail and it came away from the wall. Miss Thomas slipped all the way down the stairs. Her shoulder was badly hurt.
The emergency services were called. The CCTV footage was later examined and confirmed that the handrail came loose as soon as Miss Thomas went to grab it. Miss Thomas was taken straight to hospital where she received several diagnostic tests as her shoulder was in a bad condition. She was diagnosed with several tears to the rotator cuff area in the shoulder. Even after the surgery there were still lingering symptoms.
After contacting a No Win No Fee solicitor, Miss. Thomas decided to proceed with a claim against her employer. She had suffered significant pain and distress and required expensive on-going physiotherapy to regain strength and mobility in her shoulder. She had to take several months away from her job in which she received no sick pay. She kept detailed records of all costs and her lawyer was confident that this money could be won back for her.
The case was settled in her favour after a short period. She was awarded £23,000 for both general and special damages.
The amount of compensation you receive for a shoulder injury can be affected by various factors. For instance, a rotator cuff injury settlement amount may be worth more if the damage is permanent.
Compensation for a shoulder injury requiring surgery may also be of a higher value than injuries that do not require surgical intervention to aid recovery.
Due to these (and other) factors, legal professionals have a few different resources to help them arrive at a suitable figure for a general damages payment. This is the amount that addresses your pain and suffering.
The Judicial College Guidelines (JCG) is a publication that is used as part of this calculation process. We’ve included some figures below that have been taken from the 16th edition of the JCG, updated and published in 2022. The amounts have been based on past court cases, but are not necessarily a reflection of what you will receive should your claim succeed.
If you’d like a more detailed and bespoke evaluation, get in touch with our advisors today. We are on hand 24/7 to assist you in any way we can.
|General psychiatric damage
|(a) Severe – A very poor prognosis with marked issues regarding factors such as effect on relationships
|£54,830 to £115,730
|Post-traumatic stress disorder
|(a) Severe – The claimant’s life will have been badly affected in many aspects
|£59,860 to £100,670
|(a) Severe – These injuries can often be associated with damage resulting in disability of a significant nature
|£19,200 to £48,030
|(b) Serious – When the shoulder is dislocated and there is pain other parts of the body such as the neck and elbow
|£12,770 to £19,200
|(c) Moderate – Limited movement due to frozen shoulder
|£7,890 to £12,770
|(e) Clavicle fracture
|£5,150 to £12,240
|(d) (i) Minor – Complete recovery in under 2 years
|£4,350 to £7,890
|(d) (ii) Under one year is all that’s required in order to make a full recovery
|£2,450 to £4,350
|(d) (iii) Minor – A full recovery within 3 months
|Up to £2,450
More Examples of Shoulder Injury Compensation Amounts
As previously mentioned, in some claims you will also be able to receive compensation for special damages. If you claim successfully for this, this could influence the shoulder injury compensation you receive, as you will be reimbursed for financial losses caused by your injuries.
Financial losses you may be able to claim for as a result of the injury might include:
- Travel expenses
- Adjustments to your home
- Loss of earnings. If your injury is permanent or long-term, you may be able to claim for future loss of earnings.
- Care costs. For example, you may require a nurse to help assist with your everyday life as you recover from your injury.
- Healthcare costs
Whether you can receive shoulder injury compensation payouts under special damages or depends on if you’re able to provide evidence of your losses. Potential evidence for special damages compensation includes receipts, invoices, bank statements and payslips.
To learn more about what you could receive for shoulder injury compensation, please contact us for free legal advice using the details above. In just one phone call, we can confirm if you’re able to claim and provide you with a compensation estimate of what you could receive.
If you are seeking compensation for a shoulder injury, you may like to have a solicitor to work on your case. One of the solicitors from our panel could help. Typically, they provide their legal services under the terms of a Conditional Fee Agreement (CFA). This is a type of No Win No Fee agreement.
When your solicitor works on your shoulder injury claim under this type of agreement, they usually don’t ask for payment for their work upfront. There also won’t be any ongoing service fees. You also won’t be asked for a payment to cover their services if you are not awarded compensation following an unsuccessful claim.
However, if your claim succeeds, your solicitor will deduct a success fee from your awarded compensation. This amount is a percentage that is limited by the law.
To discuss shoulder injury compensation payouts in the UK and find out if you are eligible to make a personal injury claim, contact one of the advisors from our team. If it seems like you have a valid claim, they could pass you onto one of the solicitors from our panel.
To speak to an advisor:
For further information about accidents in public, please read here
Please read here for more information on accidents on public transport
For more on claims against the council, please read here
For further information on shoulder injuries, please read here
Please read here for more statistics on accidents at work
Further reading on accident claims
Article by EA