In this guide, we’ll help you understand whether you’re eligible to file a shoulder injury at work claim.
All employers have a duty of care to do everything they reasonably can to prevent you from sustaining harm. However, there may be instances where they failed to uphold their duty of care and caused you to sustain harm as a result.
In these cases, you may be eligible to seek compensation after suffering an injury at work. We will explore the process of doing so in this guide.
Additionally, we will provide information on the benefits of using No Win No Fee solicitors to represent your claim.
Our advisors are available to answer any questions you may have after reading and can discuss your potential claim. If you would like to get in touch:
- Contact us by filling out our online form.
- Call the number above.
- Use the live chat feature below to speak with an advisor.
Choose A Section
- What Is A Shoulder Injury At Work Claim?
- Scenarios Where You Could Injure Your Shoulder At Work
- What Evidence Could Help Your Injury Claim?
- Compensation For A Shoulder Injury At Work Claim
- Can I Appoint A No Win No Fee Lawyer To Represent My Personal Injury Claim?
- Further Resources About A Shoulder Injury At Work Claim
What Is A Shoulder Injury At Work Claim?
Under the Health and Safety at Work etc. Act 1974 (HASAWA), your employer has a duty of care to keep you reasonably safe while you’re at work. This means that they must take reasonably practical steps to remove or reduce any risks that could cause you harm.
These steps could include carrying out a health and safety risk assessment to make them aware of any potential risks and acting on any findings in their report. An employer also has other duties that will vary depending on the place of work.
However, there are situations where your employer might breach the duty of care they owed you and cause you to sustain harm as a result.
Should you injure yourself due to employer negligence, you may be eligible to file a shoulder injury at work claim. Contact our expert advisors today to discuss your potential claim in more detail.
The Latest Numbers On Workplace Accidents
Workplace injury statistics are collected by the Health and Safety Executive (HSE). This includes certain injuries and accidents recorded under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR).
According to employer reports, 51,211 non-fatal injuries occurred in 2020/21. Additionally, 18,988 non-fatal injuries to the upper limb locations were reported under RIDDOR.
Scenarios Where You Could Injure Your Shoulder At Work
Injuries could occur if your employer breaches their duty of care. Examples of how an employer could breach their duty of care and cause you to sustain harm might include:
- Lack of appropriate training. Your employer must provide adequate training to ensure employees are able to do their job safely and effectively. This could include health and safety training or training to use a specific piece of equipment. However, an employer could fail to provide an employee with forklift truck training. As a result, the employee might sustain a severe head injury after losing control of the forklift truck.
- Lack of adequate personal protective equipment (PPE). Your employer should provide free PPE where necessary. Failure to do so could lead to an employee suffering harm. For example, an employee may have required gloves while working with hazardous substances. As a result of not receiving them, the employee may have developed dermatitis.
These are just a few examples of employers causing you to sustain a workplace injury after breaching their duty of care. Talk to our advisors today to discuss the circumstances leading up to your shoulder injury at work claim.
What Evidence Could Help Your Injury Claim?
As part of the claims process, you will need to provide evidence of your employer’s negligence in order to support your shoulder injury at work claim. The evidence could include:
- Contact details for any witnesses. If you make a note of these details, they could be contacted for a statement at a later date.
- Ask for CCTV footage. If there is CCTV footage of the accident at work that caused you to suffer an injury, you may be able to request it from the relevant person.
Additionally, there are other steps you can take while building a strong claim. For instance, you could:
- Seek medical attention. In the aftermath of an injury, if you attend the hospital or see a doctor, your medical records could be presented as evidence. Additionally, you might be invited to an independent medical assessment. The assessment could produce a more detailed report on the extent of your injuries.
- Seek legal advice. You could hire a No Win No Fee solicitor to represent your claim. Our panel of solicitors has experience handling accident at work claims and could take your claim on this basis.
For more information on the accident at work procedure or about how a solicitor from our panel could help you seek compensation, please get in touch with our team.
Compensation For A Shoulder Injury At Work Claim
The payout you receive following a successful shoulder injury at work claim may comprise compensation for:
- The pain and suffering caused by your injuries
- Any financial losses incurred as a result of your injuries
We have explored how these may be calculated in the following sections.
General Damages
As part of general damages, you could claim compensation for the impact your physical injuries have had on you. You could also claim compensation for any emotional distress.
To help value your claim, the Judicial College Guidelines (JCG) may be referred to. This is a document containing injuries with their potential compensation brackets.
We have included a table with a selection of injuries and their potential compensation as listed in the JCG.
Injury | Bracket Compensation Figure | Notes |
---|---|---|
Severe shoulder injuries (a) | £18,020 to £45,070 | These shoulder injuries may be associated with injuries to the neck that involve brachial plexus damage causing significant disability. |
Serious shoulder injuries (b) | £11,980 to £18,020 | Injuries might include a dislocated shoulder with damage to the brachial plexus resulting in symptoms such as pain, sensory issues and restricted movement. |
Moderate shoulder injuries (c) | £7,410 to £11,980 | Injuries might include frozen shoulder that limits movement and causes discomfort and other symptoms that last for around 2 years. |
Minor shoulder injury (d) (i) | £4,080 to £7,410 | Soft tissue injury with considerable pain that almost completely recovers in less than two years. |
Minor shoulder injury (d) (ii) | £2,300 to £4,080 | Painful soft tissue damage with an almost complete recovery within one year. |
Minor shoulder injury (d) (iii) | Up to £2,300 | Painful soft tissue damage with almost complete recovery within three months. |
Fractured clavicle (e) | £4,830 to £11,490 | The award given will depend on certain factors such as the level of severity and the impact it's had. |
Minor neck injury (c) (i) | £4,080 to £7,410 | Injuries to the soft tissues that fully recover within two years. |
Moderate psychiatric damage (c) | £5,500 to £17,900 | The person may experience problems coping with life and work, including personal relationships but will have a good prognosis. |
Less severe post traumatic stress disorder (d) | £3,710 to £7,680 | Cases where the person has made an almost full recovery within two years. |
Please only use the figures in the table as a guide though because your actual settlement will vary.
Certain factors will be taken into consideration when looking at medical evidence provided in support of your claim. These include the severity of your injuries and how they have impacted your current and future quality of life.
For any additional information on the compensation you could receive for your injuries, please get in touch on the number above.
Special Damages
Your injury might have resulted in additional costs that you could seek reimbursement for under special damages.
- Loss of earnings. If your injury kept you out of work, even if you received statutory sick pay, you could claim for your lost income.
- Loss of future earnings. If your injury means you cannot return to work or makes a career change necessary, your future earnings could be calculated and added to your claim.
- Travel costs. You could save receipts for taxi fares or bus fares when you attend medical appointments.
However, you must supply evidence. For example, keep receipts or payslips to prove any monetary losses you incurred.
Can I Appoint A No Win No Fee Agreement Lawyer To Represent My Personal Injury Claim?
A No Win No Fee solicitor from our panel could represent your shoulder injury at work claim.
A solicitor working on this basis won’t require you to pay any upfront costs or costs while your claim is ongoing.
You will pay a legally capped success fee from your compensation should your claim prove successful. However, if your claim proves unsuccessful, the success fee won’t be paid.
For more information about how you could work with a solicitor from our panel, please get in touch on the details below.
Begin Your Shoulder Injury At Work Claim
If you suffered an injury while at work due to your employer’s negligence, you may be entitled to compensation.
Free legal advice is available from our expert advisors 24/7. They could provide an estimate of your potential claim. Also, they could assess your shoulder injury at work claim to see if a solicitor from our panel could start working on your case.
To get in touch:
- Contact us by filling out our online form.
- Call the number above.
- Use the live chat feature below to speak with an advisor.
Further Resources About A Shoulder Injury At Work Claim
We have provided these links that you might find helpful:
- NHS guide to shoulder pain.
- Government guide to Statutory Sick Pay (SSP)
- Government guide to requesting CCTV of yourself
And you might find these guides useful:
- Filing A Lawsuit Due To Employer Negligence
- Burned At Work Due To A Faulty Fire Alarm Claims
- Worker’s Rights In An Accident At Work Claim
- Claiming After Suffering A Fall From A Height At Work
- Could I Start An Industrial Accident Claim?
- Advice On Reporting An Accident At Work
- What Are The Stages Of The Accident At Work Claims Process?
- Do I Get Sick Pay After An Accident At Work?
- How To Make A Construction Site Accident Claim
For more information on making a shoulder injury at work claim, please get in touch on the details below.