Have you suffered a shoulder injury at work through no fault of your own. The aim of this guide is to explain the steps to take during the personal injury claim process for compensation after a shoulder injury caused by negligent health and safety standards at work.
Perhaps you suffer from frozen shoulder or torn rotator cuff ligaments and muscles now because of an unsafe task you were expected to do? Or were the essential health and safety rules as described in the Health and Safety At Work etc Act 1974 missing in your place of work, leading to unnecessary injury, pain, and suffering for you?
At Public interest Lawyers, we could connect you with a personal injury lawyer to help you claim today. Working under a No Win No Fee agreement (also called ‘Conditional Fee Agreements‘) they could assess your circumstances and possibly take up your claim right now. Find out more by:
- Calling our friendly team for a free consultation on 0800 408 7825
- Use our ‘contact us’ service at Public Interest Lawyers
- Or reach out on ‘live support’
Select A Section
- Find A Workplace Accident Claims Solicitor To Handle Your Claim
- What Are The Pre-Action Protocols For Personal Injury Claims?
- Collect Evidence To Support Your Shoulder Injury At Work Claim
- Shoulder Injury At Work Claims Calculator
- How Do You Negotiate Your Final Damages Settlement
- Discuss Your Shoulder Injury At Work Claim Today
Anyone is free to seek compensation on their own if they wish. But there are obvious advantages to working with professionals in this area. Personal injury claims can be complex and require a great deal of time and attention so good legal guidance can help.
Also, as you try to recover from your injuries it’s worth asking yourself if it wouldn’t be simpler to allow someone else to guide your claim for you. At Public Interest Lawyers we can connect you with a specialist solicitor wherever you live in the country.
A good personal injury specialist will have a lot of experience in calculating damages in cases like this. They can explain how if an employer was in breach of their duty of care as required by Section 2 of the Health and Safety At Work Act 1974 could be liable to compensate you if you were hurt.
A solicitor can also help arrange the vital medical assessment that proves how badly injured your shoulder is. Furthermore, they have expertise in communicating with the other party and know when is the best time for you to accept or decline any offer the other side makes.
Simply call our team and after an informal chat about your circumstances, we could connect you with a personal injury claims specialist today who could take up your shoulder injury at work case.
It’s important to know what steps you should take to resolve your claim before it needs to go to court. The pre-action protocols will usually be carried out by your solicitor if you have chosen to use one. These steps are called pre-action protocols and the specific ones for personal injury cases are briefly as follows:
- A letter of notification – this is a letter to the defendant telling them you intend to make a claim against them.
- Rehabilitation – focuses on your immediate medical needs and how to address those needs promptly.
- Letter of claim – lists every detail of the incident and injuries, like the time, place, and cause which is sent to the third party.
- The response – within 21 days of the date of posting of the letter of claim the employer must inform you of their insurance details.
- Disclosure of documents – is the sharing of any documents.
- Experts reports – is typically a report from an independent medical specialist detailing your shoulder injury.
- Negotiations following an admission– the defendant has admitted liability.
- Alternative resolution – Alternative Dispute Resolution (ADR) is a final chance of reaching a settlement, possibly using mediation or arbitration when liability is denied.
- Stocktake – a final appraisal on both sides before going to court.
After seeking medical attention for a shoulder injury at work, if you feel the accident was caused by negligence you may be considering making a personal injury claim against the responsible party. To do this you will need to gather evidence to prove the claims you are making. With this in mind:
- Report the accident using the workplace accident log
- Take photos of the scene
- Request CCTV footage if it’s available
- Were there witnesses? If so, ask them to give their details so that a statement can be taken at a later date.
- Think about getting legal help
Working out what you could be owed starts with a medical appointment with a specialist. A personal injury lawyer can arrange this for you. An assessment will detail the injury to your shoulder and provide a way to estimate general damages.
By comparing your injuries to similar ones listed in the guidelines by the Judicial College, it can be possible to set a suitable amount for the pain, suffering, and loss of enjoyment in life caused by the injuries. These compensation brackets are not certified amounts, only guides, but this table gives an idea of how it works:
|£18,020 to £45,070
|Neck injuries that involve damage to the brachial plexus this may lead to serious disability.
|£11,980 to £18,020
|Dislocations with restricted movement, rotator cuff problems.
|£7,410 to £11,980
|Frozen shoulder for up to 2 years
|minor (d) (i)
|£4,080 to £7,410
|Award dependant mainly on duration of injury. Soft tissue damage, full recovery in 2 years
|minor (d) (ii)
|£2,300 to £4,080
|Recovery within 1 year
|Up to £2,300
|Recovery within 3 months
|clavicle fracture (e)
|£4,830 to £11,490
|Dependant on fracture severity and pain or disability
|£5,500 to £17,900
|There will be marked improvements.
|less severe (d)
|up to £5,500
|Dependant on the length of the disability.
|Post-Traumatic Stress Disorder (PTSD)
|less severe (d)
|up to £7,680
|Minor trauma issues with full recovery within 2 years
As well as this, special damages compensation could be owed to you if you suffered a loss of earnings because of your shoulder injury at work. Or you might be faced with additional medical costs like physiotherapy. Perhaps you needed help to clean and cook?
Documented proof like wage slips or receipts are needed, but these amounts could be included in your claim. A personal injury solicitor can ensure future amounts can be included as well. This is important given that you can claim only once. Call and talk to our team to see what else you may be eligible to include.
Accident compensation settlements are based on general and special damages. With the correct medical evidence and proof of financial losses caused by your injuries, a No Win No Fee personal injury solicitor is able to assess both these areas of damage and request the appropriate amount on your behalf.
The negotiating of your settlement and pre-action protocols can require some communication back and forth. If you choose to engage the services of a personal injury solicitor they can do all this for you as well.
In addition to this, they have the expertise to fully explain your legal rights after an accident at work and recommend the best time to settle for the right amount offered. They can also organise treatment for your injuries and offer helpful advice about returning to work.
A shoulder injury at work problem can result in a great deal of aggravation and expense, but there is something you can do. A No Win No Fee claim for compensation after a situation like this could help.
Our team of advisors has the knowledge to know if you have a valid claim or not. They can guide you through the process and explain the next steps if you wish to submit a claim.
If they think your case is eligible they will offer to connect you with our panel of No Win No Fee solicitors. An agreement like this means there are no upfront solicitor costs to pay. If for some reason, the claim is unsuccessful, there are no fees to pay your solicitors at all.
What percentage do No Win No Fee solicitors take? If the No Win No Fee case wins, a ‘success fee’ percentage of no more than 25% of the settlement amount is due to cover the solicitor’s costs. If you would like to know more about it, please contact our advisors today on any of the below:
Explaining How Workplace Injury Claims Work
Shoulder injury at work claims and similar issues are discussed further:
- More details about a compensation payout for a frozen shoulder
- Details about claiming for lost wages due to a work injury
- How long do you have to make a claim for an accident at work? Advice here
- Here’s information about shoulder problems from the NHS
- Do you need details about Statutory Sick Pay (SSP)?
- Lastly, more reading on relieving shoulder pain