Suffering a shoulder injury at work can be a painful and frustrating experience. It can affect your ability to work and carry out day-to-day activities. If you have suffered a shoulder injury at work, you may be wondering if you are entitled to compensation. This guide provides information on what to do if you have sustained a shoulder injury at work and want to claim compensation from your employer.
Understanding Shoulder Injuries at Work
Shoulder injuries are common in workplaces where manual labour is involved, such as construction sites, factories, and warehouses. These injuries can occur due to various reasons, including heavy lifting, repetitive motion, and falls.
Types of Shoulder Injuries
There are several types of shoulder injuries that can occur in the workplace, including:
- Rotator cuff tears
- Shoulder dislocation
- Fractured shoulder
Symptoms of Shoulder Injuries
The symptoms of shoulder injuries can vary depending on the type and severity of the injury. Some common symptoms include:
- Limited range of motion
Reporting a Shoulder Injury at Work
If you have suffered a shoulder injury at work, it is essential to report it to your employer as soon as possible. Failing to report the injury may make it difficult for you to claim compensation later on.
Informing Your Employer
Inform your employer of your shoulder injury immediately. Your employer may ask you to fill out an accident report form, which will document the details of the injury. Be sure to include all relevant information, such as the date and time of the injury, the cause of the injury, and any witnesses who saw the incident.
Seeking Medical Attention
It is important to seek medical attention for your shoulder injury as soon as possible. This will help to document the extent of your injury and provide a medical record for your claim. Your employer may require you to visit a specific doctor, but you have the right to choose your own doctor.
Making a Claim for Compensation
If you have suffered a shoulder injury at work, you may be entitled to claim compensation from your employer. However, the process of making a claim can be complicated, and it is advisable to seek legal advice.
Subheading 1: Eligibility for Compensation
To be eligible for compensation, you must be able to prove that your shoulder injury was caused by your employer’s negligence or breach of duty. You must also make your claim within three years of the date of the injury.
Subheading 2: Calculating Compensation
The amount of compensation you may be entitled to will depend on various factors, such as the severity of your injury, the impact on your ability to work, and any financial losses you have suffered. Compensation can include payments for medical expenses, lost wages, and pain and suffering.
Frequently Asked Questions
Can I claim compensation for a shoulder injury sustained at work?
Yes, if you can prove that your injury was caused by your employer’s negligence or breach of duty.
How long do I have to make a claim?
You must make your claim within three years of the date of the injury.
What Happens if my Employer Disputes my Claim?
If your employer disputes your claim, the matter may need to be taken to court. In such a case, it is advisable to seek legal advice and representation. An experienced solicitor can help you build a strong case and navigate the legal process.
Can I be Fired for Making a Claim?
No, it is illegal for your employer to fire you for making a claim for compensation. If your employer retaliates against you for making a claim, you may have grounds for further legal action.
Can I Made a Claim For Compensation For My Shoulder Injury I Suffered At Work?
By following the above steps outlined in this Shoulder Injury at Work Guide – Can I Claim Compensation From My Employer for a Shoulder Injury Sustained at Work?, you can take the necessary steps to protect your health and wellbeing, as well as your legal rights. Don’t hesitate to seek the help and support you need to recover from your injury and obtain the compensation you deserve.
Example Case Studies:
John was a factory worker who sustained a shoulder injury while lifting heavy boxes at work. He reported the injury to his employer and sought medical attention. After consulting with our solicitor, John discovered that he was entitled to claim compensation from his employer. With the help of his solicitor, John was able to prove that his employer’s negligence led to his injury, and he was awarded £25,100 amount of compensation to cover his medical expenses, lost wages, and pain and suffering.
Lisa is a waitress who suffered a shoulder injury after slipping on a wet floor at work. She reported the injury to her employer and sought medical attention. However, her employer denied liability, claiming that Lisa was responsible for the accident. Lisa consulted with our solicitors, who helped her build a strong case and prove that her employer’s negligence contributed to her injury. With the help of her solicitor, Lisa was awarded £24,500 compensation.
“I suffered a shoulder injury at work and didn’t know what to do. I was worried about my job and my financial situation, but a friend recommended that I consult with a solicitor. With their help, I was able to make a claim for compensation and received a fair settlement that covered my medical expenses and lost wages. I couldn’t have done it without their support.” – Sarah, Office Worker
“I slipped and fell at work, injuring my shoulder. My employer denied liability, and I felt helpless. However, Free Legal Justice helped me build a strong case and proved that my employer’s negligence contributed to my injury. They supported me through the legal process and secured a significant settlement that helped me move on from the incident. I’m grateful for their help.” – Tom, Factory Worker
How Much Compensation Can You Claim For a Shoulder Injury At Work?
The amount of compensation you may be entitled to for a shoulder injury sustained at work will depend on various factors, such as the severity of the injury, the impact on your ability to work, and any financial losses you have suffered. The following table provides an example of compensation amounts for different types of shoulder injuries:
|Type of Shoulder Injury
|Compensation Amounts For Shoulder Injury At Work Claims
|Rotator Cuff Tear
|£4,080 – £44,630
|£4,080 – £15,300
|£5,280 – £42,110
|£1,760 – £7,410
|£1,760 – £7,410
Note: These figures are based on the guidelines provided by the Judicial College Guidelines for the Assessment of General Damages in Personal Injury Cases, 15th Edition, and may not reflect the exact compensation amounts you may be entitled to for your specific case.
No Win No Fee Shoulder Injury Claims At Work
If you have suffered a shoulder injury at work and are concerned about the cost of legal fees, you may be pleased to know that many solicitors offer a ‘No Win No Fee’ service for workplace injury claims. This means that you will not have to pay any legal fees upfront, and your solicitor will only be paid if your claim is successful. This can provide peace of mind and make it easier to pursue a claim for compensation without worrying about the financial burden.
Law Changes In The UK For Personal Injury Claims
It is important to note that laws regarding workplace injuries and compensation can change over time. Here are some recent law changes that may affect your ability to claim compensation for a shoulder injury sustained at work:
The Personal Injuries Assessment Board (PIAB) was established in Ireland in 2018, which provides an alternative method of resolving personal injury claims without going to court.
The Civil Liability Act 2018 in England and Wales introduced a new fixed tariff system for whiplash injuries sustained in road traffic accidents. This may affect the amount of compensation you can claim for whiplash injuries.
The Enterprise and Regulatory Reform Act 2013 in the UK changed the burden of proof in workplace injury claims. It is now the claimant’s responsibility to prove that their employer was negligent, rather than the employer’s responsibility to prove that they were not negligent.
In Northern Ireland, the Limitation (Amendment) Act 2018 extended the time limit for bringing a personal injury claim from three to six years.
25% No Win No Fee Success Fee Explained
A ‘No Win No Fee’ agreement is a common way of funding a workplace injury claim. This means that your solicitor will only receive payment if your claim is successful. If your claim is successful, your solicitor will be entitled to a percentage of the compensation you receive as a ‘success fee’.
The success fee is usually a percentage of the compensation awarded, typically around 25%. This percentage may vary depending on the complexity of the case and the risk involved.
For example, if you are awarded £10,000 in compensation, and your solicitor’s success fee is 25%, they would be entitled to £2,500 of the compensation awarded. This amount would be deducted from your compensation before it is paid to you.
It is important to note that the success fee percentage and other fees associated with your claim should be discussed and agreed upon with your solicitor before proceeding with your claim. Your solicitor should provide you with a clear breakdown of all fees and charges you may be required to pay, so you can make an informed decision about whether to proceed with your claim.
If you have any questions or concerns about the ‘No Win No Fee’ agreement and the associated success fee, it is advisable to discuss these with your solicitor. They can provide you with the information and guidance you need to make an informed decision about your claim.
Why Choose Free Legal Justice For Your Shoulder At Work Injury Claims?
If you have suffered a shoulder injury at work, you may be wondering why you should choose Free Legal Justice to represent you in your claim for compensation. Here are some reasons why Free Legal Justice is an excellent choice for workers seeking legal support for their shoulder injury claims:
- Expertise: Free Legal Justice has a team of experienced solicitors who specialise in workplace injury claims. They have the knowledge and expertise to navigate the legal process and provide you with the support you need to obtain the compensation you deserve.
- No Win No Fee: Free Legal Justice operates on a ‘No Win No Fee’ basis, which means that you will not have to pay any legal fees upfront. You will only be required to pay if your claim is successful.
- Personalised Service: Free Legal Justice understands that every case is unique, and they provide a personalised service to ensure that your needs and concerns are addressed. They will keep you updated on the progress of your case and provide you with the support and guidance you need throughout the legal process.
- Reputation: Free Legal Justice has an excellent reputation for achieving successful outcomes for their clients. They have helped many workers obtain the compensation they deserve for their shoulder injuries sustained at work.
- Compassion: Free Legal Justice understands that suffering a shoulder injury at work can be a traumatic experience. They are committed to providing compassionate and empathetic support to their clients to help them through the legal process.