Workplace shoulder injuries can be debilitating and you could suffer this type of injury in several ways. If your injury is even moderately severe, you may not be able to work for weeks or sometimes your recovery could take months. Some forms or shoulder injury are so severe, they prevent you from working again which as a consequence can put you under tremendous financial hardship.
If you were involved in an accident at work whether because of employer negligence or through the error of a fellow worker, you might be able to claim shoulder injury compensation providing your case meets the necessary criteria. To find out more on whether you can claim compensation from an employer for a shoulder injury at work, please read on.
- What are the Most Common Workplace Shoulder Injuries?
- What Workplace Accidents Result in Shoulder Injuries?
- What Are The Consequences of Suffering a Shoulder Injury at Work?
- How Does a Doctor Assess a Shoulder Injury?
- What Should I Do If I Think I Have Injured My Shoulder at Work?
- How Much Shoulder Injury at Work Compensation Could I Be Awarded?
- Do I Have any Rights If I Suffer a Shoulder Injury in the Workplace?
- Could I Lose My Job if I File a Shoulder Injury at Work Claim Against My Employer?
- What Is the Time Limit to Filing a Shoulder Injury at Work Claim Against My Employer?
- What Are the Advantages of Having a Lawyer Represent Me on a Shoulder Injury at Work Claim?
- Would a Lawyer Offer Me No Win No Fee Terms if I Make a Shoulder Injury at Work Claim?
- Informative Links
As previously mentioned, you could suffer a shoulder injury at work in several ways and the result could cause minor damage or it could mean something a lot more severe. With this said, the most commonly reported shoulder injuries that employees suffer when they are at work are as follows:
- Damage to a rotator cuff
- A bone fracture in the shoulder which often leads to a condition referred to as a “frozen shoulder”
- A dislocation of the shoulder
- Torn and damaged ligaments
If you sustained a shoulder injury at work and you can show that you did not cause the accident but that it occurred due to either the negligence on the part of your employer or because a fellow worker made a mistake, you should contact a legal expert who would assess your case in a no obligation, free consultation. You would then be advised whether your claim is valid and that therefore would stand a better than average chance of succeeding, whether through the courts or in an out of court settlement.
The most commonly reported accidents at work in which employees suffer shoulder injuries includes when doing any of the following:
- Lifting heavier items
- Moving items
- A slip, trip and fall incident which includes slipping on a wet surface
- A fall from height
- Inadequate or a lack of manual handling training
- Having an incorrect posture when doing desk work
- Items that are badly stacked falling onto a shoulder from a height
A legal expert would assess your workplace shoulder injury claim to establish whether the incident could have been avoided if the correct safety measures had been in place. In short, they would investigate the circumstances surrounding the workplace accident that left you with a shoulder injury to determine whether your employer could be deemed negligent.
Work-related shoulder injuries can prevent you from working whether this is for several days, weeks or if the damage is severe, many months. Should the damage to a shoulder be extreme, you may not be able to work or carry out the activities and hobbies you once enjoyed doing. Not being able to work would put you and your loved ones under a lot of financial strain which could then lead to you suffering from anxiety and depression.
Seeking the compensation you rightly deserve takes a lot of the pressure off your shoulders and allows you to place your full focus on your recovery and future life. All employers in the UK have a legal obligation to carry liability insurance and the policy must be issued by an approved insurance company. This insurance is set in place to ensure that employees and other people who are injured in a work environment, can seek compensation for the distress, pain and suffering as well as any loss of amenity they endured as a direct result of the workplace injury they sustained.
In short, when filing a shoulder injury at work claim against your employer, it is the insurance company that settles the amount you are awarded with the majority of personal injury claims being settled out of court. The reason being that should a case be bought before a judge and the court rules in your favour, the insurer would have to pay all court costs, theirs and yours.
Determining how much damage you may have sustained in a shoulder injury can prove difficult. This is because even a relatively minor injury to the shoulder could result in ongoing pain and discomfort. This is true if you damage a rotator cuff or the tendons and ligaments in your shoulder are affected.
It is also worth noting that the symptoms you may experience when you suffer a shoulder injury often vary from minor numbness in a specific area right through to a complete loss of any movement in the shoulder which results in extreme pain. Should you have injured your shoulder at work, you must receive the right treatment as soon as possible so that a doctor can correctly diagnose the damage you sustained before setting in place the correct treatment and/or therapy.
Following any accident at work in which you suffer an injury to your shoulder, you should follow the protocol as set out by an employer. This could be to first seek medical attention from the designated first aid officer. Once your condition has been assessed, you must then seek medical attention as soon as you can whether at a Accident and Emergency Department or at your own GP’s surgery. Once you have been treated, you should then ensure the following has been done:
- The workplace accident was correctly reported to your employer or the person in charge of the work environment
- That the incident was recorded in the Accident Book – if there is no book, you can opt to send your employer a personal email or a registered letter detailing the accident at work and the shoulder injury you sustained
- If your injury prevents you from doing either of the above, you can ask a trusted fellow worker to do this for you
- If the incident was “reportable” to the RIDDOR, make sure this has been done
- Take photos of both your injuries and the place where the workplace accident occurred
- If there is CCTV in the workplace, ask your employer for a copy of the tape which they are obliged to give you
- Ask witnesses to give detailed statements of what they saw
- Get the contact details of all the witnesses
- Obtain a detailed medical report of the shoulder injuries you suffered
The rule of thumb in all accident at work claims against employers, is to provide as much evidence as you can to support your case. The more proof you have, the stronger a shoulder injury at work claim would be and the more chance there would be that a solicitor would offer to represent you on a No Win No Fee basis.
The amount of compensation you could receive would depend on several things which are detailed below:
- The severity of the shoulder injury you suffered and how it affects not only your ability to work but your future life too
- The complexity of your claim against an employer
- The out of pocket expenses you incurred as a direct result of the shoulder injury you sustained
All accident at work claims are unique which in short, means that the amount of shoulder injury at work compensation you receive could differ from that awarded to another worker who suffered similar damage to a shoulder. It is also worth noting that if an employer accepts liability for the workplace injury you suffered, their liability insurance provider would typically offer an initial settlement to avoid taking a claim before a judge. Should this be the case, you should discuss the amount with a legal expert before accepting the “settlement” because you may find that the amount under-values the level of compensation you could be entitled to having suffered a shoulder injury in the workplace.
Your worker’s rights are protected in the UK which also applies to when you suffer any sort of injury at work or develop a work-related health issue. As such, you have the “right” to do the following and an employer cannot legally prevent you from doing so:
- To seek medical attention
- To file an accident at work claim in order to be compensated for the injury and out of pocket expenses you had to deal with
- That you cannot be sacked because you choose to seek compensation for the shoulder injury you suffered
Your employer would be acting illegally if they try to prevent you from doing any of the above. Should you feel threatened or intimidated in any way by your employer, you should discuss your concerns with a legal expert who would provide you with essential advice on whether you could be entitled to take further legal action out against your employer.
As previously mentioned, you cannot lose your job because you seek compensation from an employer for a shoulder injury you sustained whilst at work. Should your boss sack you, you should seek advice from a legal expert because your employer would be in breach of your “right” to seek medical attention and to compensation for injuries sustained in the workplace.
A solicitor who specialises in employment law would offer essential legal advice on whether you would be entitled to file an “detriment claim” and an “unfair dismissal claim” against your employer if they sack you or threaten you with redundancy because you chose to seek compensation from them.
If you sustained a shoulder injury at work and you are hoping to claim compensation for the pain, suffering and out of pocket expenses you incurred, you have 3 years to do so. However, this strict 3 year deadline to filing a shoulder injury claim against your employer may begin at different times as follows:
- The deadline of 3 years would begin from the date you suffered a shoulder injury at work
- The 3 year deadline to filing a shoulder injury claim against your employer would begin from the date a doctor/specialist diagnosed you as suffering from a medical condition they can directly link to the injury you sustained at work
- The deadline of 3 years would begin from the day you turn 18 years of age, should the workplace accident have occurred before this date. In short, you would have up until your 21st birthday to file a shoulder injury claim against your employer
It is better to file any sort of work-related personal injury claim sooner rather than later not only so that you don’t run out of time to do so, but also because the events that led up to the workplace accident that left you with a shoulder injury is still fresh in everyone’s minds. This includes any work colleagues or other people who may have witnessed the incident.
Accident at work claims tend to be complicated legal processes and there are many pitfalls to avoid. Having a legal expert work with you when filing a shoulder injury at work claim against your employer offers many advantages some of which are listed below:
- You would be offered an initial, free consultation in which a legal expert would assess whether you have a valid claim. You would be under no obligation to proceed with a shoulder injury at work claim against your employer should not wish to
- Once a solicitor satisfies themselves that your case is strong and that there is a better than average chance of you being awarded compensation from an employer, they would typically represent you on a No Win No Fee basis taking all the risk of seeking legal advice off the table
- Lawyers can access legal libraries which allows them to review past cases which they can then reference when representing your accident at work claim against an employer
- You would be informed of the amount you could be awarded at the earliest opportunity
- Should your injuries be minor or severe, the solicitor you contact would arrange for you to be examined by an independent medical professional. The report they produce is essential as it would be used to calculate the amount of shoulder injury at work compensation you could be awarded
Providing a lawyer is happy that you have a valid shoulder injury claim against your employer and that there is enough time to file a claim, they would agree to work on your case by offering you No Win No Fee terms. This means that the solicitor who represents you would not ask you to pay either an upfront fee or ongoing fees. The only time you would have to pay for the legal representation you are provided with during your shoulder injury claim, is when you are awarded compensation for the distress and out of pocket expenses you endured and the “success fee” that would be due, is taken out of the shoulder injury compensation you are awarded.
Working with a No Win No Fee solicitor allows you to focus on your recovery rather than having to worry about paying bills and other monthly outgoings you need to cover. If you lose your case against an employer, you would not have to pay the solicitor for the services and legal advice they provided when representing you on a shoulder injury at work claim against an employer. No Win No Fee agreements allow you to seek compensation without having to worry about the financial side of getting legal advice on an accident at work claim.
If you suffered a shoulder injury in the workplace and would like more information on your employer’s responsibilities towards you and your fellow workers, please click on the link provided below:
To find out what your rights are in the workplace, please click on the link below:
For shoulder injuries free legal advice visit AccidentClaims.co.uk
If you would like to know what workplace accidents and injuries are reportable to the RIDDOR, please click on the link provided below: