If you suffered a shoulder injury at work because your employer failed to take reasonable steps to provide a safe working environment, you could be eligible to make a claim for compensation. However, if you’re unsure whether you hold a valid claim, this guide could help.
Shoulder injury at work claims guide
We will explain how work accident claims work, including the steps you could take to strengthen your case. For instance, we’ll explore the evidence you could gather to support your claim.
In addition, our guide will explore how compensation is calculated and what your settlement may comprise following a successful claim.
We have aimed to provide the information you need. However, we understand you may still have questions after reading. If so, you can reach out to one of our advisers. To get in touch, you can:
- Call the number at the top of the page
- Start your claim online by filling out the form with your query
- Chat with an advisor using the live chat feature
Choose A Section
- Could I Make A Shoulder Injury At Work Claim?
- How Much Is My Shoulder Injury At Work Claim Worth?
- Examples Of Workplace Accidents Causing Shoulder Injuries
- What Evidence Is Needed To Support A Shoulder Injury Claim?
- How Can No Win No Fee Agreements Help?
- Further Information About Shoulder Injury At Work Claims
Could I Make A Shoulder Injury At Work Claim?
While at work, your employer owes you a duty of care. This is a responsibility placed on them by various health and safety legislation, such as the Health and Safety at Work etc. Act 1974 (HASAWA), to ensure your health, safety and well-being. As per the legislation, they must take reasonable actions to prevent you from sustaining harm at work.
However, there are some cases where they may breach the duty of care they owe you, causing you to sustain harm as a result. In these cases, you could be eligible to make a personal injury claim.
For more information on whether you’re eligible to make a shoulder injury at work claim, you could talk to one of our advisers by calling the number at the top of the page.
What Have The HSE Reported On Work Accidents?
Employers are required to report certain accidents and injuries under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) to the Health and Safety Executive (HSE).
While there is no direct data on injuries solely relating to shoulders, the data reported under RIDDOR for the years 2020-21 found that there were 18,988 non-fatal injuries to the upper limb.
These figures are provisional.
How Much Is My Shoulder Injury At Work Claim Worth?
There are two heads of claim that may make up the settlement you receive following a successful claim, general and special damages. General damages award compensation for the pain and distress caused by your physical and psychological injuries.
When valuing your claim, several factors will be considered such as the extent of your injuries and the effect they have had on your life. These factors can influence the settlement you receive.
In order to accurately assess the full extent of your injuries, medical evidence can be used. Additionally, solicitors often use the Judicial College Guidelines (JCG) to help them when valuing how much injuries are worth. The JCG uses bracket compensation awards based on previous court cases.
We have used figures from the JCG in the table below but you should only use them as a guide. Your actual settlement will vary depending on unique factors relevant to your case.
| Injury | Notes | Award |
|---|---|---|
| Severe Shoulder Injuries (a) | Cases might include those that are associated with neck injuries and involve brachial plexus damage. | £18,020 to £45,070 |
| Serious Shoulder Injuries (b) | Shoulder dislocation with lower brachial plexus damage that results in shoulder and neck pain amongst other issues. | £11,980 to £18,020 |
| Moderate Shoulder Injuries (c) | This bracket includes a case of frozen shoulder with discomfort and limited movement | £7,410 to £11,980 |
| Minor Shoulder Injuries: (d) (i) | Painful soft tissue injury that heals almost fully in less than two years | £4,080 to £7,410 |
| Minor Shoulder Injuries: (d) (ii) | Painful soft tissue injury that heals almost fully within a year | £2,300 to £4,080 |
| Minor Shoulder Injuries: (d) (iii) | Painful soft tissue injury that heals almost fully within three months. | Up to £2,300 |
| Fracture of Clavicle (e) | The amount awarded will depend on the extent of the fracture and other factors. | £4,830 to £11,490 |
| Severe Neck Injuries: (a) (iii) | The injuries in this bracket could include fractures, dislocations and severe soft tissue damage. | £42,680 to £52,540 |
| Moderate Neck Injuries: (b) (ii) | This bracket includes cases that involve soft tissue damage. | £12,900 to £23,460 |
| Moderate Neck Injuries: (b) (iii) | This bracket includes injuries that have exacerbated or accelerated a pre-existing condition. | £7,410 to £12,900 |
In addition to general damages, your settlement may comprise special damages. These intend to reimburse the financial effect the injury has had on you. The financial losses you could claim back might include:
- Loss of income
- Costs towards treatment or care that wasn’t available on the NHS
- Modifications or adaptations to your home
However, you must provide relevant evidence to prove these losses, such as receipts or payslips.
For more information about what you could be awarded in compensation following a successful shoulder injury at work claim, you can talk to one of our advisers now. They offer free legal advice and could value your claim for free.
Examples Of Workplace Accidents Causing Shoulder Injuries
There are various ways in which a shoulder injury at work could occur. However, in order to claim, you must have sustained harm as a result of your employer’s negligence. Examples of how your employer could have acted negligently might include:
- Failing to Perform Risk Assessments: Carrying out regular checks on the work environment and equipment can help employers understand the risk of injury posed by a task. However, if they fail to do so, it could result in an employee becoming injured.
- Avoiding or Limiting Exposure To Harmful Machinery: There are certain pieces of equipment that pose a risk of causing musculoskeletal disorders affecting the upper limbs such as the shoulder. However, your employer may fail to put preventative measures in place, such as limiting the time you perform a task or use a certain piece of equipment. As a result, you could develop a shoulder injury.
If you want more information about whether your employer could be found liable for the accident at work in which you sustained harm, you can talk to one of our advisers now. They offer free initial consultations and can advise you on the validity of your claim.
What Evidence Is Needed To Support A Shoulder Injury Claim?
To help prove your shoulder injury at work claim, you could gather evidence such as:
- Contact details of any witnesses: Collect the contact details of witnesses who can provide statements for your claim at a later date.
- Photos: This could include pictures of the accident or your injuries.
- Medical records: These could include reports from the hospital where you sought medical attention. It could also include an independent report produced from a medical appointment you attend as part of the claims process. This report can provide details on the full extent of your shoulder injury.
In addition to gathering relevant evidence, you may also find it beneficial to hire legal representation.
A personal injury solicitor from our panel could help you collect the evidence needed to strengthen your claim. They all work on a No Win No Fee basis which allows you to access their services without paying an upfront cost.
You can talk to our advisers now, to see if they could put you through to a solicitor from our panel.
How Can No Win No Fee Agreements Help?
We understand you may have concerns about the costs often required to hire legal representation. However, a solicitor working on a No Win No Fee basis would not charge you an upfront fee for their services, nor would they charge you any ongoing fees. This is also known as a Conditional Fee Agreement (CFA).
As per the agreement, payment will be taken in the form of a success fee from your compensation should your claim succeed. However, the fee is subject to a legal cap. Your solicitor will make you aware of how the fee works before they start working on your case. Furthermore, if your claim fails, no success fee will be paid to your solicitor.
Our panel of personal injury solicitors offer No Win No Fee arrangements such as a CFA and could represent your shoulder injury at work claim. Find out whether a solicitor from our panel could represent your case by calling on the number below.
Make A Shoulder Injury At Work Claim
Our advisers are available to offer free initial consultations. They can offer legal advice and information on the steps you could take when making a shoulder injury at work claim. To get in touch you can:
- Call the number at the top of the page
- Start your claim online by filling out the form with your query
- Chat with an advisor using the live chat feature
Further Information About Shoulder Injury At Work Claims
In this section, we have included some additional resources that could help.
The government offers information on whether you might be eligible to apply for Statutory Sick Pay.
The NHS offers a guide on coping with shoulder pain.
The Health & Safety Executive website offers information on how to report a health and safety issue in your workplace.
Other Injury At Work Claims Guides
- Injury At Work Claims – Compensation Examples
- How Long Does A Work Injury Claim Take?
- Can I Make A Foot Injury At Work Claim?
- How Much Could I Get For A Back Injury At Work?
- How To Find Workplace Injury Solicitors
- How to Make a Successful Work Injury Claim
- How To Prove A Back Injury At Work Claim
- Injury At Work Claim Calculator
- Is There an Average Payout for Back Injury at Work Claims?
- The Work Injury Claim Process Explained
- What Is The Injury At Work Claim Time Limit?
- Where Can I Find Injury at Work Solicitors?
- Work Accident Solicitors Explained
We hope our guide has provided the information you need to make a shoulder injury at work claim. However, for more information, please don’t hesitate to get in touch with our team on the number at the top of the page.
Writer Marlon Corke
Editor Meg Matthews