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£65,000 Compensation For A Rotator Cuff Tear

The panel of specialist legal solicitors who work with us at Legal Expert have helped to successfully represent numerous personal injury cases, such as people who have suffered a rotator cuff tear as a result of an accident which was not their fault. We have helped clients from across the country to recover from mild and even serious injuries resulting from all manner of different accident types. Our team have worked with these claimants to recover the compensation and damages that they are owed by a variety of defendants.

The UK has stringent health and safety regulations for managing workplaces, such as care homes and for care home workers. However, statistics from the UK’s Health and Safety Executive do show that every year 192,000 workers in the care sector suffer from some type of work-related injury or illness. The second largest group of injuries are musculoskeletal disorders, of which our torn rotator cuff injury would fit in. Injuries affecting muscles (such as a rotator cuff tear) account for 36% of workplace injuries for care workers.

Work-related ill health by illness type

Graph by www.hse.gov.uk/statistics/industry/healthservices/index.htm

In this case study we are looking at a female care worker who suffered a rotator cuff tear and pursued a compensation claim. As a direct result of the torn rotator cuff the claimant had to leave her job as a care worker and take lower paid work as a caretaker in a school. As such, solicitors acting on behalf of the claimant pursued a higher amount of compensation to account for her loss of income. The case was eventually resolved with damages of £65,000 being paid to the claimant.

To find out more about how this case study progressed, and was resolved, as well as finding out more information about making a claim for musculoskeletal injuries, such as a torn rotator cuff, read our case study below.

What Is A Rotator Cuff Tear And How Serious Are They?

A rotator cuff injury happens when the muscles, tendons or connective tissues in the shoulder are either inflamed or torn. They can develop straight after a shoulder injury, or (as in the case of the claimant in this case study) after years of general wear and tear on the shoulder joint. A rotator cuff tear can make everyday activities such as washing and dressing very difficult and Rotator Cuff Tear being seen to by a physical therapist. painful. A rotator cuff tear is when either the tendons, muscles (or both) which make up the rotator cuff are torn in some way. Small tears in the rotator cuff can often develop as a result of general wear and tear on the joint and older people are more prone to these injuries as they build up over time.

Primary rotator cuff tear symptoms range from a dull ache to a severe and sharp pain in the shoulder joint. If the rotator cuff tear happens due to an accident the pain can be very sharp. Rotator cuff tear symptoms can become more noticeable over time, especially if it is a cumulative injury. Some people may find they have rotator cuff symptoms through their upper arm as well as the shoulder. Other symptoms may also include weakness in the affected shoulder and arm, the loss of range of motion in the affected shoulder and a ‘clicking’ sound when moving the shoulder.

Rotator cuff treatment can range from self care through to invasive surgery to correct the tear surgically. Many people will find that their rotator cuff tear will not require any particular rotator cuff treatment and can be cared for at home. In these cases people can use rotator cuff exercises to ease the joint back into use. Others may require physiotherapy, steroid injections or rotator cuff tear surgery.

What Was The Extent Of The Rotator Cuff Injury?

In this case the claimant was a female care worker who visited service users in the home. At the time of the injury, the claimant was assisting a care worker in having a bath. The duties in doing so meant assisting the service user and supporting them. The care worker’s left shoulder was injured whilst carrying out the duties. This was later diagnosed to be a supraspinatus rotator cuff tear. Solicitors acting on behalf of the claimant instructed a medical professional to conduct a thorough examination and then filled for rotator cuff injury compensation with the claimants employer, later referred to as the defendant.

The Allegation And Establishing Liability For The Rotator Cuff Tear

The Health and Safety at Work etc. Act 1974 stipulates that employers have a legal duty of care to take reasonable steps to ensure employee safety. This can involve measures such as ensuring staff receive all necessary training, ensuring risk assessments are carried out properly and that any environmental hazards are promptly addressed.

Solicitors for the claimant instructed a nursing expert and secured a pre-litigation disclosure from the defendant. What the disclosure showed was that the risk assessment that was performed was not sufficient and this contributed to the rotator cuff tear. By failing to conduct an adequate risk assessment and instruct the client that assisting the resident out of the bath should not have been performed alone, the employer failed to uphold their duty of care.

By securing both the disclosure and the expert witness, solicitors were able to get an admission of liability from the defendant as well as an interim payment for the claimant.

You can learn more about claiming compensation for a rotator cuff tear, or get a free assessment of your eligibility to claim by speaking to our advisory team. Contact us today using any of the information provided below.

Compensation For A Rotator Cuff Tear

The amount of compensation received for any personal injury, such as a rotator cuff tear, will always vary depending on how severe the injury is and the effect it has had on the claimant. It will also vary depending on whether the compensation award includes both general damages (paid for the injury itself, including pain and suffering) and special damages (awarded for financial losses).

In this case, the claimant was awarded a total of £65,000 in combined general and special damages. The award accounted for the claimants pain and suffering as well as her now reduced income.

Claim Compensation For A Rotator Cuff Tear With A No Win No Fee Personal Injury Solicitor

The specialist solicitors at Legal Expert can work with claimants on a no win no fee basis. This means that if you have been injured as a result of an accident which was not your fault, you can rest safe knowing that when you start your claim you won’t have to make any upfront payments or be put into additional financial hardships. The team at Legal Expert believe that the most important thing for people who have been injured is to recover from their injuries, rather than worrying about their claim and case. The team at Legal Expert, and out panel of specialist no win no fee solicitors will do as much of the legal work as we can, freeing you up to get better.

Our no win no fee contracts (also known as a Conditional Fee Agreement) mean that whatever your financial circumstances, if you have been injured at work as a result of an accident which was not your fault you can access a winning legal team. Under a no win no fee agreement, if your claim is not awarded, you won’t have to pay anything. If you are successful, you will then pay a part of your award as the fee. By law, this can not be more than 25% of your total award, meaning that you do not face any potential financial risks.

Contact Legal Expert Today

Legal Expert treats every client and every case individually. Our professional team of personal injury legal solicitors will work hard on your behalf to secure you the maximum amount of compensation that you could be entitled to. Our aim is always to win you the compensation that you are entitled. Doing so has allowed our clients to get their life back on track. Find out more about how we can help you, contact us today by email at info@legalexpert.co.uk, use the contact form on this page, our chat feature or talk to our team directly by calling 0800 073 8804.

Useful Links

Guide To Claiming Compensation for Shoulder Injuries
In this guide to claiming compensation for a shoulder injury, such as a rotator cuff tear, you can find out how to make a successful claim, as well as see examples of how much compensation you may be entitled to.

Other Guides You Can Check Out