By Megan Black. Last Updated 25th September 2024. Shoulder injury claims can be made in a variety of different circumstances including accidents at work, on the roads and in public places. In this guide we break down this broad category of injury, explaining the eligibility criteria to claim in each of those three scenarios.
Other important topics covered include how shoulder injury compensation payouts are calculated, the evidence you can use to prove third-party liability, as well as some example scenarios to explain how a shoulder injury can occur.
Our solicitors can offer their services on a strictly No Win No Fee basis. In the final section of this guide, we examine the clear advantages of beginning a potential shoulder injury claim with us.
Our advisors are available all day every day to answer your questions, discuss the claims process further and provide a free consultation regarding your eligibility to claim. Get in touch with the team today via:
- Phone on 0800 073 8804.
- You can also begin your claim online by completing our callback form.
- Or, you can open the live chat window on screen to speak to an advisor in real time.
Select A Section
- Shoulder Injury Compensation Payouts In The UK
- When Could I Make A Shoulder Injury Compensation Claim?
- What Can Cause A Shoulder Injury?
- Do I Need Evidence When Claiming For Shoulder Injury Compensation?
- How Long Do I Have To Claim Shoulder Injury Compensation?
- Making A Shoulder Injury Claim With Our No Win No Fee Lawyers
- Helpful Links
Shoulder Injury Compensation Payouts In The UK
Shoulder injury compensation can contain up to two heads. The first heading, general damages, covers the pain and suffering your injuries cause you, as well as the wider impact your shoulder injury has on your life.
It also covers loss of amenity. This means the lack of enjoyment you find in things like hobbies and time spent with friends as a direct result of your injury.
All successful shoulder injury claims result in this heading. When it’s calculated, those valuing the claim can take note from the Judicial College Guidelines (JCG), which provides guideline compensation amounts for different shoulder injuries (among other injuries).
Below, you can find some examples of these guideline brackets. Please keep in mind that the figures illustrated aren’t guaranteed, and the first figure hasn’t been taken from the JCG.
Injury | Severity | Guideline Amount |
---|---|---|
Multiple Injuries Plus Special Damages | Serious | Up to £150,000+ |
Psychiatric Damage | Severe | £66,920 to £141,240 |
Shoulder Injury | Severe | £23,430 to £58,610 |
Shoulder Injury | Serious | £15,580 to £23,430 |
Shoulder Injury | Moderate | £9,630 to £15,580 |
Shoulder Injury | Minor (i) | £5,310 to £9,630 |
Shoulder Injury | Minor (ii) | £2,990 to £5,310 |
Shoulder Injury | Minor (iii) | Up to £2,990 |
The second head of claim that you could potentially receive as part of your shoulder injury compensation payout is special damages. This head of compensation is aimed towards helping you recover the financial losses caused by your shoulder injury.
For example, if you can’t work because of your injury and this results in lost earnings, these could be covered under special damages. This heading can also cover the cost of:
- Prescriptions.
- Physiotherapy.
- Private medical treatment.
- Childcare.
- Travel.
- Help with cleaning, cooking, and housekeeping.
These are only a few of the expenses that can come with suffering a shoulder injury, and you’ll need to provide evidence of these losses in order to claim. This could include invoices and payslips.
Contact our team of advisors today to learn more about making a shoulder injury claim.
When Could I Make A Shoulder Injury Compensation Claim?
There are various daily situations where you could suffer a shoulder injury. These include:
- A public liability accident: While you are in a public place, such as a park, restaurant or a salon, the individual or organisation in control of that space owes you a duty of care to ensure your reasonable safety. This is set under the Occupiers’ Liability Act 1957. Shoulder injury compensation payouts can only be sought if injuries occurred as a result of a breach in this duty by the individual or organisation in control of the space.
- An accident at work: Your employer must take all reasonable and practicable steps to ensure the health, safety and welfare at work of their employees. This is their duty of care. It is set under the Health and Safety at Work etc. Act 1974 (HASAWA). If your employer breaches this duty and you suffer an injury as a result, you might be eligible for compensation for a shoulder injury.
- A road traffic accident: Those who use the roads owe each other a duty of care to use the roads in a way that avoids causing damage and injury to themselves and others. As part of this duty, they should comply with the Road Traffic Act 1988 as well as any relevant rules and regulations found in the Highway Code. Should another driver’s breach in this result in you suffering an injury, you might be able to claim personal injury compensation.
In order to have good grounds to make a personal injury claim, you must prove that a third party’s breach in the duty of care they owed you caused you a shoulder injury.
If you have any questions about shoulder injury compensation payouts in the UK, speak with one of the advisors from our team.
What Can Cause A Shoulder Injury?
There are various ways that you could suffer a shoulder injury. However, you must remember that in order to be eligible to claim compensation for a shoulder injury, you must be able to demonstrate that your injury was caused by a relevant third party breaching the duty of care they owed you.
Some examples of accidents that could potentially lead to a shoulder injury claim include:
- Your employer failed to provide you with sufficient manual handling training. Due to poor lifting technique and being asked to carry a load that was too heavy for you, you suffer a serious shoulder injury as well as a sprained back.
- A driver fails to check that a junction is clear before quickly pulling out. This causes them to crash into the side of your car, and you suffer a dislocated shoulder.
- While in a supermarket, you slip on a spillage that hasn’t been signposted in a timely manner. This slip causes you to suffer a shoulder injury as well as a broken ankle. You could also suffer a shoulder injury if you slipped on the floor at work.
These are only a few examples of potential accidents that could lead to you pursuing a personal injury compensation claim. To check the eligibility of your specific case, you can contact a member of our advisory team.
Do I Need Evidence When Claiming For Shoulder Injury Compensation?
When making a personal injury claim for shoulder injury compensation, you will need to prove negligence occurred. Gathering sufficient evidence could help prove the injuries you suffered as well as liability.
Some examples of the evidence you could submit to support your claim include:
- Videos of the accident, such as CCTV footage.
- The contact information from any witnesses to the accident, so they can give a statement later on in the claiming process.
- A copy of your medical records that state the type of injury you suffered and the treatment required.
- Photographs of the accident scene.
One of our solicitors could help you with gathering evidence for your claim, provided you have a valid case.
You can get in touch with our advisors to discuss settlements for a shoulder injury 24 hours a day, 7 days a week. In addition to telling you how much a shoulder injury may be worth, they could also inform you whether you could be eligible to work with one of our solicitors.
How Long Do I Have To Claim Shoulder Injury Compensation?
Claims for shoulder injury compensation payouts must be initiated before the personal injury claims time limit expires. The Limitation Act 1980 sets this as generally three years from the date of the incident that caused your injury.
However, in certain circumstances, there are exceptions to this limitation period. These include:
- Those lacking the mental capacity to begin their own personal injury claim. These injured parties have an indefinite time limit pause. A litigation friend can start proceedings on their behalf. However, if the injured party regains this capability without a claim having been made for them, the time limit will be reinstated from the recovery date.
- Children under the age of 18 cannot start their own personal injury claim until their 18th birthday. Prior to turning 18, a litigation friend can seek compensation for a shoulder injury on their behalf. However, if they turn 18 without a claim being filed on their behalf already, they will have three years from the date of their 18th birthday to initiate proceedings.
Speak with an advisor from our team to discuss limitations when seeking shoulder injury compensation payouts in the UK.
Making A Shoulder Injury Claim With Our No Win No Fee Lawyers
One of our lawyers may be able to help you claim shoulder injury compensation, if you have an eligible case. They may also offer to work with you under a Conditional Fee Agreement.
Some of the benefits of making a claim with lawyer under this No Win No Fee arrangement include:
- Not having to pay them anything upfront for them to start working on your claim.
- Not having to pay any service fees during the duration of your claim.
- If your claim is unsuccessful, you will not be required to pay them a fee for their services.
If your lawyer succeeds with your claim, you will pay them a success fee out of your compensation award. The percentage that can be deducted as this fee is legally capped.
To find out if you could be eligible to work with one of our No Win No Fee lawyers for your shoulder injury claim, you can contact our advisors. They are available 24 hours a day to offer you free advice and help answer your questions.
They can be contacted by:
- Calling 0800 073 8804
- Using our live chat.
- Contact us online.
Helpful Links
- NHS Shoulder Impingement Syndrome
- How Much Compensation For A Car Accident Claim
- Whiplash Compensation Calculator
- Learn how to make a claim for employer negligence at work and find compensation examples too
- I Slipped On Ice – Can I Claim Compensation?
Thank you for reading our guide on shoulder injury claims. We hope you’ve learned a lot about how to claim shoulder injury compensation.