If you’re wondering how to claim after a shoulder injury at work, this guide can help. In the following sections, we will explain the personal injury claims process for seeking compensation if essential health and safety standards were not met in your workplace. We start with the eligibility criteria that apply to claims of this nature and look at the duty of care owed to you by your employer. If you can prove that this lawful duty was breached in a way that caused your shoulder injury, a claim may be valid.
We look at the steps you can take to build the best possible claim such as collecting and presenting evidence. You’ll also find some statistics about workplace injuries and some examples of employer negligence that might cause shoulder problems. After this, we explore compensation, how it is calculated and what it aims to cover. The final section lays out the benefits of working with a personal injury solicitor from our panel to launch a claim.
Direct any questions about making claiming for workplace injuries to an advisor. They can also assess your workplace accident and help determine whether there’s a valid claim. Why not find out now if you qualify for compensation after a shoulder injury by:
- Reaching our friendly advisors for a free consultation on 0800 408 7825
- Using the ‘contact us’ option online.
- Or connecting instantly on ‘live support’ below.
Choose A Section
- Can I Claim Compensation For A Shoulder Injury At Work?
- What Steps Should I Take When Making A Shoulder Injury At Work Claim?
- What Types Of Workplace Accidents Could Cause Shoulder Injuries?
- How Much Shoulder Injury At Work Compensation Could I Receive?
- Why Make A No Win No Fee Shoulder Injury Claim?
- More Resources Related To Making A Claim For Workplace Injuries
Can I Claim Compensation For A Shoulder Injury At Work?
All UK employers are obliged to meet a duty of care to their employees as outlined in the Health and Safety At Work etc Act 1974 (HASAWA). It requires them to take measures considered reasonable and practicable to stop employees from experiencing harm as they work.
Employers can meet this duty of care through a host of proactive measures such as regular assessments of workplace risks and managing hazards on a regular basis. The duty also includes ensuring that manual handling activities are carried out in accordance with best practices as described by the Health and Safety Executive (HSE) who regulates and enforces workplace safety in Great Britain.
To have an eligible personal injury claim for compensation against your employer, you will need to show that you meet three criteria which define negligence:
- A duty of care applied at the moment of injury.
- This duty was breached by the employer in some way. For example, they failed to take reasonable steps to ensure a safe work environment, which meant clutter was left in walkways.
- Because of this, you experienced a shoulder injury and/or psychological distress. For example, you sustained a dislocated shoulder in a trip and fall accident caused by the cluttered walkway.
If you meet these three points you could have a valid compensation claim for your shoulder injury at work. To confirm, call our advisors on the number at the top.
What Common Shoulder Injuries Could I Claim For?
- Severe frozen shoulder.
- Torn rotator cuff ligaments and muscles.
- Sprains and strains.
- Dislocations.
- Fractured clavicle (collar bone).
- Tendon damage and ligament injury.
- Acromioclavicular joint damage.
You may suffer a combination of these injuries or other workplace shoulder injuries. Why not call an advisor to make sure your potential claim covers everything?
What Steps Should I Take When Making A Shoulder Injury At Work Claim?
Naturally, the first step to take after a workplace shoulder injury is to seek out medical attention and alert your employer to the incident. Later, if you decide to seek workplace accident compensation, you must be able to prove your employer had liability for the shoulder injuries you suffered.
The following evidence could be useful:
- A copy of the accident book. This should be filled out with your name, the time and date and any other relevant details about the incident.
- Photographs of the scene of your injury and the visible harm to your shoulder.
- Videos of the accident, such as footage from CCTV.
- Approach any eyewitnesses and ask for their details. This is so that a supporting statement can be collected from them later.
Additionally, you may want to consider seeking legal representation to help you through the claims process. A solicitor from our panel could help you on a No Win No Fee basis, if you are eligible. Call an advisor for further information.
How Often Do Shoulder Injuries In The Workplace Occur?
As part of its role in protecting the health, safety and welfare of Britain’s workforce, the HSE monitor certain reportable workplace incidents. These are reported to the HSE under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR). The HSE then publish statistical information on these incidents. The latest statistics were published on 22nd November 2023 and cover 1st April 2022 to 31st March 2023.
During this timeframe, a total of 60,645 non-fatal employee injuries were reported. Of these, 22,656 involved injuries to the upper limbs.
What Types Of Workplace Accidents Could Cause Shoulder Injuries?
Next, we explore some potential ways that a breach in the employer’s duty of care could result in a shoulder injury and how a claim for compensation could be based on this:
- An employer provided a worker with a faulty ladder, which collapsed, and shoulder damage was part of multiple injuries.
- Materials in a store room were stacked in a hazardous way. The materials fell onto an employee causing severe shoulder injuries.
- An employer did not train staff in the correct bending and lifting techniques or evaluate the recommended weight limits for staff. Because of this, an employee pulled a ligament in their shoulder trying to move a heavy box.
Your workplace accident may have occurred in a different way, but you could still be eligible to claim compensation. To fully understand your legal rights after an accident at work why not get in contact with the team for personalised guidance?
How Much Shoulder Injury At Work Compensation Could I Receive?
Typically, a successful personal injury claim can be comprised of up to 2 types of loss. Firstly, general damages compensate the person for physical pain and psychological distress brought on by the accident.
Those responsible for calculating general damages may consult documents like the Judicial College Guidelines (JCG). The JCG provides guideline compensation amounts for different types of injuries.
We’ve included an excerpt from the 17th edition of the JCG below to illustrate. Also, we have included an amount in the topline that is designed to show you how you could be compensated for multiple injuries and related costs. This figure was not taken from the JCG. As all claims for shoulder injuries are different, the compensation table is only intended as guidance.
Compensation Guidelines
| Injury Area | Severity | Guidelines |
|---|---|---|
| Multiple Severe Injuries and Special Damages | Severe | Up to £150,000 plus |
| Shoulder | Severe | £23,430 to £58,610 |
| Serious | £15,580 to £23,430 | |
| Moderate | £9,630 to £15,580 | |
| Minor (i) | £5,310 to £9,630 | |
| Minor (ii) | £2,990 to £5,310 | |
| Minor (iii) | Up to £2,990 | |
| Clavicle | Clavicle fracture | £6,280 to £14,940 |
| Psychiatric harm | Moderate | £7,150 to £23,270 |
| Less severe | up to £7,150 |
Compensation for special damages may also be included in a successful award settlement. This reimburses the claimant for any expenses or monetary losses caused by the shoulder injuries. The following are examples of documented proof that would support a claim for special damages:
- Wage slips or other evidence showing an earnings loss.
- The costs of domestic care at home.
- Medical bills. For example, private physiotherapy for rotator cuff tears.
- Proof of travel to essential appointments.
Why not call and talk to our advisors to find out what else you may be eligible to include? It’s free and without obligation.
Why Make A No Win No Fee Shoulder Injury Claim?
Anyone is free to seek compensation for the pain and suffering caused by shoulder injury at work without legal representation if they wish. But the advantages of working with a skilled solicitor can make the process much easier.
Our panel of solicitors usually offer a type of No Win No Fee arrangement called a Conditional Fee Agreement (CFA) which avoids the need for upfront or ongoing fees for their legal representation. Furthermore, under this agreement, no fees are owed to the solicitors for completed services should the claim be unsuccessful.
A CFA means that a success fee is taken by the solicitors if the claim wins. However, the percentage solicitors take is restricted by law, ensuring that you always receive the bulk of your payout.
If our advisors determine that your case is eligible, and you want to move ahead with the support of a solicitor, they could connect you with a personal injury lawyer from our panel today, simply:
- Call 0800 408 7825
- Use our contact form to connect.
- Or, you can ask a question about securing the support of a solicitor on a No Win No Fee basis through live chat.
More Resources Related To Making A Claim For Workplace Injuries
These other guides from our website might be useful:
- Read about a compensation payout for a frozen shoulder.
- More information on claiming for lost wages due to a work injury in this guide.
- Also, you may be wondering how long you have to make a claim and we explain that here.
External resources to help:
- Here’s information about shoulder problems from the NHS.
- Details about Statutory Sick Pay (SSP), including rates and how to apply from the government.
- Information on health and safety for workers from the HSE.
Thanks for reading our article on making a compensation claim for a shoulder injury at work. Please contact us for more information.