Have you sustained a rotator cuff injury due to someone else’s negligence? If so, you may be entitled to rotator cuff tear compensation. This guide will look at the process of claiming for injuries of this nature.
A torn rotator cuff can result in pain and discomfort in the shoulder, making it hard to do the things you usually do. This could have an impact on your quality of life and might cause you to lose out on money if you’re not able to work as a result.
Our team of advisers are here to help you understand the process of claiming. They can offer free legal advice to answer any queries you may have.
If your claim is valid, you could be provided a personal injury lawyer from our panel; one of these lawyers might be able to work with you on a No Win No Fee basis.
We suggest you contact our expert team of advisers. You can:
- Call them on 0800 408 7825 to discuss your situation.
- Fill out our online form with your information to receive a response at your earliest convenience.
- Speak to an adviser on our instant pop-up box for a reply straight away.
Select A Section
- What Is A Torn Rotator Cuff?
- What Causes A Rotator Cuff Injury?
- How Do I Know If I Have Damaged My Rotator Cuff?
- Treatment And Recovery
- Start A No Win No Fee Rotator Cuff Tear Compensation Claim
- Learn More About Rotator Cuff Tear Compensation Claims
The rotator cuff is the tendons and muscles surrounding the shoulder. The ligaments and rotator cuff work in unison to connect the shoulder bones together and keep the joint of the shoulder in its socket.
A torn rotator cuff is a shoulder injury often caused by tendon and muscle inflammation (swelling). It’s more likely to occur after a pre-existing injury or due to overworking the muscle joint for a number of years.
You cannot claim rotator cuff tear compensation just because you have sustained a rotator cuff injury. In order to claim, your injury must have been caused by a breach of duty of care.
You’re owed a duty of care in a number of circumstances. These include:
- At work- Your employer owes you a duty of care according to the Health and Safety at Work etc. Act 1974. They must take reasonably practicable steps to ensure your safety in the workplace. If they fail to do this you could sustain a shoulder injury at work.
- On the road- All road users owe one another a duty of care, as outlined in the Road Traffic Act 1988 and the Highway Code.
- In public- Those in control of public spaces owe a duty of care to those who use the spaces for the intended purposes, according to the Occupiers’ Liability Act 1957.
If you’ve been injured by negligence in any of these circumstances, you could be entitled to claim. You can contact our team of advisers today to discuss pursuing a rotator cuff tear settlement. They’d be happy to offer legal advice for free and can connect you to an accident solicitor from our panel if you have a legitimate claim.
The tearing of a rotator cuff can happen because of deterioration or injury. For example, you may suffer a tear to your rotator cuff if you fall onto your outstretched hand. This could happen during a slip, trip or fall accident in a supermarket that happened because a spill was not cleaned up or signposted in an appropriate period of time.
Furthermore, you could tear your rotator cuff if you’ve repeated a specific activity for too long, for example lifting heavy objects at work. If this is the case, you may be able to receive rotator cuff tear compensation after being injured at work. However, you would need to show that your employer’s negligence led to your condition, for example, because you weren’t provided with training or given sufficient breaks between shifts.
Alternatively, you could be involved in a road traffic accident whereby you are a cyclist who is thrown from their bike. This could cause you to land on your side and injure your rotator cuff.
If you’d like to discuss making a personal injury claim to receive rotator cuff tear compensation, you can contact our team of advisers who’d be then happy to help and offer you free legal advice.
You may be able to claim rotator cuff tear compensation if you’ve injured your shoulder as a result of negligence. You should seek medication attention if you’ve suffered this injury. This will allow you to receive the correct diagnosis and treatment.
You should then collect evidence to help prove your claim. Here are some examples of evidence you could collect:
- CCTV footage – If CCTV footage shows the circumstances of your accident, you could request this and you may be able to use it to support your claim.
- Photographs – You can take photos of your injuries as well as photos of the scene of the accident.
- Witness contact details- You can collect these so that a statement can be taken at a later date.
- Medical records – You can use your medical record as evidence throughout your claim. This will show what treatment and diagnosis you received, as well as how long it took you to recover. As part of the claim, you might also be invited to an independent medical appointment.
If you’d like to find out more about the types of evidence you can gather, you can contact our team of advisers. They’d be happy to answer any questions you may have and then have a chat with you about claiming rotator cuff tear compensation. If you have a valid claim, they may connect you with a solicitor from our panel.
Some articles have a personal injury claims calculator that can value rotator cuff tear compensation, but instead, we’ve included a compensation table to show how compensation is calculated. The compensation table below includes figures from the Judicial College Guidelines. These contain guideline compensation brackets based on previous compensation awards that are made.
|Shoulder Injuries||Severe||The brachial plexus is usually damaged. This injury is also often associated with neck injuries.||£18,020 to £45,070|
|Shoulder Injuries||Serious||Shoulder dislocation and damage to the brachial plexus causing symptoms like pain, weakness of the grip and impaired movement.||£11,980 to £18,020|
|Shoulder Injuries||Moderate||Frozen shoulder and difficulty moving. The symptoms will usually be present for two years.||£7,410 to £11,980|
|Shoulder Injuries||Minor (i)||Soft tissue injury with almost complete recovery in less than two years||£4,080 to £7,410|
|Shoulder Injuries||Minor (ii)||Soft tissue injury with almost complete recovery within a year||£90,250 to £122,860|
|Arm Injuries||Less Severe Injury||Disabilities are significant but recovery will have been going well or will be expected to.||£18,020 to £36,770|
|Injuries to the Elbow||A Severely Disabling Injury||£36,770 to £51,460|
|Injuries to the Elbow||Less Severe Injuries||Elbow function is impaired but there’s no severe disability and no major surgery is required.||£14,690 to £30,050|
|Injuries to the Elbow||Moderate or Minor||No permanent damage or impairment of function||Up to £11,820|
|Neck Injuries||Severe (ii)||Damage to the brachial plexus results in loss of movement in the neck and of function in one or more limbs||£61,710 to £122,860|
The figures above represent the value of the general damages you could be awarded. General damages compensate for the physical and mental pain and suffering that your injuries have caused you.
You could also be awarded another head of claim. Special damages compensate for the financial impact that your injuries have had on you. For example, you may have suffered a loss of earnings due to taking time off work to heal from your injuries.
It’s important that you provide proof of these special damages. If you don’t, you may find it difficult to be fully compensated. A solicitor can help you collect evidence to support this head of your claim. Get in touch with one of our advisors today for more information; they could connect you with a lawyer if you have a valid claim.
Our panel of personal injury lawyers can offer representation on a No Win No Fee basis. This is an agreement between you and your lawyer stating what conditions they must meet before they receive payment.
It states that if your claim fails, you won’t pay your solicitor’s fees. There’s also nothing to pay upfront or as the claim progresses.
If your claim succeeds, a small percentage of your compensation will be deducted by your lawyer. This success fee is subject to a legal cap, meaning that you will always receive the majority of your compensation under this kind of agreement.
You can contact our team of advisers to have a chat about your claim. If your case is valid, an adviser can then connect you to a personal injury lawyer from our panel to work on your rotator cuff tear compensation claim.
You can contact our team of advisers by:
- Giving them a call on 0800 408 7825 to have a chat through your case.
- Filling out our online claims form with your details to receive a call back at your nearest availability.
- Talking to an adviser on our instant chat pop-up box for an immediate reply.
Accident In A Public Car Park Claims Guide – Have you suffered an injury due to a public car park accident? You may be able to make a compensation claim.
Gym Accident Claims Guide – Our article includes information about how you could make a personal injury claim for an injury sustained in a gym accident.
Public Road Accident Claims Guide – Our guide explores how you could claim compensation for an injury sustained in a public road accident.
Litigation Friends– If you cannot pursue your own compensation claim, a litigation friend can do this for you. Find out more about this in this government guide.
Rotator Cuff Related Shoulder Pain – This NHS article includes guidance about a rotator cuff injury.
THINK!– The government’s road safety campaign.
If you have any more questions about claiming rotator cuff tear compensation, get in touch.
Article by OA