How To Claim For A Rotator Cuff Injury At Work

This guide is going to look at who could be eligible to claim for a rotator cuff injury at work by outlining the personal injury claim eligibility criteria. Moreover, we discuss how to prove employer liability if your employer is responsible for your workplace injury and what evidence you should collect to support your case. 

If you are wanting to pursue a personal injury claim following an accident in the workplace you may want to know what your settlement could be should your case be successful, therefore, we have included a table with guideline compensation amounts taken from a document used in the claiming process.

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Advice On How To Claim For Rotator Cuff Injury At Work

To find out if you have a valid personal injury claim after suffering a rotator cuff injury in the workplace call our advisors now for a free-of-charge case assessment. If you have an eligible accident at work claim, they could connect you with a specialist solicitor from our panel. 

To contact us today so we can evaluate the basis of your claim, please either:

  • Call 020 3870 4868.
  • Visit our Contact Us page.
  • Use our live message box to connect with an online claims advisor. 

Jump To A Section

  1. How To Claim For A Rotator Cuff Injury At Work
  2. What Causes Rotator Cuff Injuries?
  3. How To Show Your Employer Is Liable For Your Injuries
  4. What Is The Typical Settlement For A Rotator Cuff Injury At Work?
  5. How Do I Start My Workplace Injury Claim
  6. Discover More About Claiming For Shoulder Injuries At Work

How To Claim For A Rotator Cuff Injury At Work

All employers owe their employees a duty of care while they are working to take reasonable steps to prevent injury. This is stated in The Health and Safety at Work etc. Act 1974. If an employer were to fail to uphold this duty of care, it could lead to an accident in which an employee could suffer an avoidable injury. To be eligible to make a personal injury claim for your workplace accident, you must meet these criteria:

  1. A duty of care was owed to you by your employer. 
  2. Your employer breached their duty of care. 
  3. Your rotator cuff injury happened because of this breach. 

Here are some possible ways an employer could breach their duty of care:

  • Not conducting risk assessments regularly. 
  • Failing to respond to reported hazards. 
  • Not providing the appropriate training. 
  • Not supplying Personal Protective Equipment (PPE) when necessary.

Thus, if you have had an accident at work and suffered a rotator cuff injury due to your employer breaching their duty of care, you may be able to start a personal injury claim. Don’t hesitate to get in touch with us; we can tell you whether you have an eligible claim or not.

Time Limits For Which To Claim For An Injury At Work

You must also be within the personal injury claim limitation period to begin your workplace injury claim. This time limit is 3 years from your injury date, as the Limitation Act 1980 states.

However, the time limit doesn’t apply to certain claimants. To learn more about the exceptions of limitation periods, please contact us to enquire.

What Causes Rotator Cuff Injuries?

A rotator cuff is the group of tendons and muscles surrounding the shoulder joint that keeps secure the arm’s bone to the shoulder socket. Injuries to this area can be debilitating and painful. Here are some ways an employer’s breach of duty of care could cause you to suffer a rotator cuff injury:

  • Your employer has asked you to lift a heavy object, but you have had no manual handling training. This causes a rotator cuff tear from lifting the load incorrectly.
  • The handrail on a stairwell is broken in your workplace and has been for a long time. Employees reported this problem numerous times, but it has not been fixed despite the employer being aware. While walking down the stairs, you reach for the handrail. The handrails comes off, causing you to twist your shoulder as you fall down the stairs, resulting in a dislocated shoulder injury. 
  • No wet floor signs are displayed over a spillage to warn employees. This causes you to slip on the wet floor. An outstretched arm breaks your fall but causes ligament tears to your rotator cuff.

Since rotator cuffs can be damaged from many one-off actions, please contact us. We can determine whether you can sue your employer for your rotator cuff injury at work.

How To Show Your Employer Is Liable For Your Injuries

Your evidence must show that your accident at work occurred, that your rotator cuff injury is related to the accident, and that your employer is at least partly to blame. You can still make a personal injury claim even if you are both responsible for your injury. 

Here are the types of evidence you should collect:

  • CCTV footage that shows your accident happening.
  • Copies of your medical records that detail your treatment/diagnosis to show the extent of your rotator cuff injury. 
  • Photographs of the accident site. 
  • Take contact details from any potential witnesses (your colleagues).
  • Record your symptoms, both physical and psychological, in a diary.

As part of their service for your accident at work claim, a solicitor from our panel can collect the required evidence needed to prove your case. To find out if you could work with a No Win No Fee accident at work solicitor from our panel call our advisors today. 

What Is The Typical Settlement For A Rotator Cuff Injury At Work?

If you have a successful rotator cuff injury at work claim, the awarded compensation you receive will include general damages and possibly special damages. 

General damages are for the physical and mental injuries you sustained from your accident. For example, a decrease in your quality of life or the severity of your physical pain are some factors considered when valuing your general damages.

Solicitors usually use your medical report assessment and the Judicial College Guidelines (JCG) to help evaluate this payout. The JCG has guideline compensation brackets for all kinds of injuries.

Injuries Table

We have provided in this compensation table shoulder injuries with their guideline compensation figures as they are in the JCG. Please note that these brackets are only a guide. 

Edit
Injury Severity Compensation bracket Comments
Shoulder Severe (a) £19,200 to £48,030 Serious symptoms to the shoulder following a serious brachial plexus injury.
Serious (b) £12,770 to £19,200 Injuries to the rotator cuff, from dislocation for example, where persistent problems remain after surgery.
Moderate (c) £7,890 to £12,770 A frozen shoulder injury leading to limited movement and discomfort for around 2 years.
Minor (d) (i) £4,350 to £7,890 Soft-tissue injuries with considerable pain but a near complete recovery between 1-2 years.
Minor (d) (ii) £2,450 to £4,350 Soft-tissue injuries with considerable pain but a near complete recovery within 1 year.
Fracture of clavicle (e) £5,150 to £12,240 Awarded figure will depend on factors such as extent of fracture and whether residual symptoms are temporary or permanent.

Special Damages

You may also receive a special damages payout as part of your compensation.

Special damages are for the expenses you have incurred directly from your injury. For example, any past and future loss of earnings or medical costs are some expenses that are considered when valuing this payout. 

You must collect evidence through payslips, invoices, bank statements, receipts, and travel tickets to prove your special damages. 

For more information regarding what you could possibly receive in compensation for your rotator cuff injury at work claim, please get in touch when it is convenient for you using one of the above contact details at the start of this guide.

How Do I Start My Workplace Injury Claim

Once you have contacted us, and if we deem you able to begin a personal injury claim for your accident at work, then our panel of solicitors may offer you a No Win No Fee contract in the form of a Conditional Fee Agreement (CFA).

If you are represented under a CFA, then there are no fees you have to pay for your solicitor’s work upfront or as the case moves forward. If the accident at work claim is won then a solicitor who is working under a CFA can take a success fee from the awarded compensation. 

However, the percentage of the success fee they can take is always legally capped. This means you will still receive the majority of your awarded payout.

Contact Us 

  • Call 020 3870 4868.
  • Visit our Contact Us page.
  • Use our live message box to connect with an online claims advisor. 

Discover More About Claiming For Shoulder Injuries At Work

You have come to the end of our guide on how to claim for a rotator cuff injury at work. To acquire more information regarding this type of claim browse our other guides:

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