Scapula Fracture Compensation Claims In The UK
Have you been injured due to someone else’s negligence? Do you feel like it was caused due to a breach of someone’s duty of care towards you? If a scenario such as this has led to a scapula fracture, then compensation could be owed to you. In this article, we’ll be addressing this issue. We’ll also be covering things like what to look out for with regards to scapula fracture symptoms and also what treatments are available.
The process of making a personal injury claim can seem confusing. We are here to clear up any legal jargon and list the steps as simply as possible. If you have any questions over the course of this guide then we are here to help. Get in touch with our team of advisors for free guidance and advice.
If your claim is deemed valid, we could connect you with an experienced personal injury solicitor from our panel. They work with all of their clients on a No Win No Fee basis. Read on for more information regarding claims for scapula fractures. Below, you’ll also find our contact details.
Get In Touch With Our Team
There are a number of ways you can reach out to us.
- Call us on 020 3870 4868
- Chat to us in the pop-up window in the bottom right
- Fill out the online form on our website to see if you could have a valid claim
Services And Information
- Everything You Need To Know About Scapula Fracture Compensation Claims
- What Is A Fractured Scapula?
- What Are The Different Parts Of The Scapula And What Does It Do?
- Symptoms Of A Broken Or Fractured Scapula
- How Could A Scapular Be Fractured?
- Scapular Fracture Compensation Payout Calculator
- How Should This Type Of Fracture Be Treated?
- What Are The Symptoms Of A Missed Fracture?
- How Common Are Missed Fractures?
- Is There A Time Limit To Claim For A Broken Bone?
- I Fractured My Scapula In An Accident, What Should I Do?
- Claim For A Scapula Fracture On A No Win No Fee Basis
- Related Information
- Frequently Asked Questions
The scapula is also known as the shoulder blade. It’s roughly triangular-shaped and is located in the upper back. It’s part of the complex system that helps in allowing you to move your arm. Each person will have two, with one on each side.
With a fractured scapula, pain and discomfort are likely to follow. A scapula fracture in the elderly can take longer to heal and cause longer-lasting damage. The level of scapula fracture compensation the claimant can typically receive will depend on the severity and recovery time of the injury.
For a scapula fracture to occur trauma is usually suffered at the side of the body or to the back of the body. As you will see as we go through this guide the ways a scapula fracture could occur. Accidents at work could cause a fracture especially if the body is crushed or there are falls from height. According to the Health and Safety Executive who are the UK Government agency for enforcing health and safety practices in workplaces, there were 9,514 injuries to the back in 2019/20 in Britain. Road traffic accidents and accidents while out in public could all cause a scapula to be fractured.
Shoulder blade or the scapula are protected by muscles. To be fair shoulder blade fractures are not common. Such fractures are usually caused by trauma. That said it is also unlikely that if you fracture your scapula you will need surgery.
People will typically have two shoulder blades. There is one on each side of the spine, near the top of your back. They are roughly triangular in shape. Each one is connected via a complex system of tendons, ligaments and muscles that aid in the movement of your upper arms. The scapula is connected to the humerus (upper arm) and the clavicle (collarbone).
Because of this, following a fractured scapula, pain could also be experienced in either of these two other connected bones. It’s not impossible to suffer a clavicle and scapula fracture in the same accident. The humerus could also be affected.
Scapula fracture symptoms can vary depending on the severity of the injury. If you’ve been in an accident that has caused you to experience any of these symptoms then it is vital that you are checked over by a medical professional. Failure to do so could result in lasting damage, pain, and even reduced shoulder motion. Some symptoms of a broken scapula are:
- Limited or no pain-free arm or shoulder motion
- Visible deformity
Scapula fractures make up a very low percentage of all bone injuries. It’s also rare that they require surgery. Although, some severe cases may still require surgery. For example, an avulsion fracture in the scapula. These fractures could require surgery to line them back up properly.
Road Traffic Accidents
Road traffic accidents are a good example of how they could be sustained. Fractures to the scapula are usually caused by high-energy, blunt force trauma. A car accident would fall into this category. If the road traffic accident you were injured in was caused by another driver being negligent then they may have breached their duty of care. The Highway Code are the rules that must be followed on the road to keep other road users safe. If they are not followed, and an accident occurs as a result, the fault party could be liable for the accident and any consequential suffering. This is when scapula fracture compensation could be claimed. The claim would be made against the driver’s insurance company. In the event that the driver is uninsured or flees the scene, you could still claim through another body called the Motor Insurers’ Bureau (MIB).
Accidents In The Workplace
Another scenario that could result in a high-energy impact could be a fall from a height. Some workplaces require their employees to work at a height. For example, if a warehouse employee is up a ladder that is faulty, they could fall and fracture their scapula as they hit the ground. In this instance, the employer has breached the duty of care to their employee by not supplying them with safe equipment needed to perform their role. Therefore, the employee could make a claim for scapula fracture compensation against their employer. Every employer must have an insurance policy in place in case of these instances. The insurance company is who would pay out the claim if successful. Therefore, you shouldn’t worry about putting your employer under personal financial strain by making a claim against them.
While in a public place you are owed a duty of care by the occupier. This is applied by the Occupiers’ Liability Act 1957. Public places can consist of supermarkets, gyms, libraries, restaurants, shops, cinemas and even when we walk down a public pavement. This piece of legislation means that your safety should be protected as much as is reasonably possible when using the space for the intended purpose.
For your claim involving a scapula fracture, the compensation is often made up of two main figures. These figures are known as general damages and special damages. We’ll address general damages first. This figure is awarded to the person who has made a successful claim, to account for the pain and suffering caused by their injuries. General damages may be calculated using a publication called the Judicial College Guidelines (JCG). These guidelines include an extensive list of injuries that can be sustained and how much they could be worth in compensation.
The amounts will often be affected by the severity of the injury, as well as the recovery time. The JCG is updated semi-regularly, with the last review taking place in 2019. We’ve included a table below containing some example figures of what could reflect certain injuries.
|Shoulder||Serious - shoulder dislocated and damage to lower part of the brachial plexus resulting in shoulder pain, neck pain, and other symptoms including aching and/or weakness in the arm||£11,980 to £18,020|
|Shoulder||Moderate - frozen shoulder resulting in limited movement and discomfort, with symptoms persisting for about two years||£7,410 to £11,980|
|Clavicle||The amount awarded will vary depending on the extent of the fracture and degree of disability - the permanency of the symptoms will also be considered||£4,830 to £11,490|
|Neck||Minor (i) - full recovery in about one to two years||£4,080 to £7,410|
|Neck||Minor (ii) - full recovery between three to twelve months||£2,300 to £4,080|
|Neck||Minor (iii) - where a full recovery is made within three months||Up to £2,300|
|Rib||Rib fractures or soft tissue damage that causes pain and disability for only a period of weeks||Up to £3,710|
|Mental Anguish||Fear of impending death or reduction in expectation of life||4380|
Next, we have special damages. This figure is awarded to the claimant to reimburse them for any additional costs or financial losses they have experienced due to their injuries caused by the accident. A good example of this is the loss of earnings. If you have missed time at work due to being injured, you could lose out on wages you’d have earned during this period. This loss could be considered eligible for reimbursement through a special damages payment. Some other things that can be considered are:
- Future loss – if you are set to be absent from work for an extended period of time due to your injuries, the wages you would have earned must be calculated and included in your special damages payment. This can even include up until retirement age if you can never return to work.
- Damage to property – for example, you could tear your clothes during a slip, trip or fall.
- Medical expenses – specialist care/procedures, prescription costs, and other things not covered by the NHS.
It’s important to keep detailed records of these expenditures in the form of receipts or something similar. If you cannot prove they took place and were related to your injuries, you could find it difficult to be reimbursed for them.
For more information on what else could be included in a special damages payment, call our advisors today.
Scapula fractures often don’t require surgical intervention. For a fractured scapula, recovery usually hinges on the shoulder being immobilised by a doctor. The doctor may prescribe pain medication if you are in a lot of pain. If you think you have fractured your shoulder blade it is vital you have your injury checked out by a doctor as they will know the best course of action for your fracture. Some fractured scapulas need surgery especially where the glenoid is displaced, the scapula neck is fractured and any severe fractures to the other parts of the shoulder.
Fractured scapula recovery time can vary, However, the bone of a healthy individual will often take roughly 6-8 weeks to heal. Once the shoulder is healed, it’s not uncommon for physiotherapists to give their patients a set of exercises to carry out. This is done so that the patient can hopefully regain some or all of the use and range of motion as before the accident.
A missed fracture is when your injury is investigated by a medical professional, and they don’t diagnose you with a fracture when there is actually one present. Fractures can be missed for different reasons. Some fractures are missed because the patients fail to inform, the doctor correctly of all the symptoms they are experiencing. While other fractures may be missed because the doctor fails to recognise the signs of a fracture.
To be able to make a medical negligence misdiagnosis claim it must be proven that the doctor was negligent when they treated you which led to the missed fracture. Also, causation will need to be established. Your injury will have needed to worsen unnecessarily to have a valid claim.
Fractures will often need an X-ray to be diagnosed. If a doctor misinterprets a fracture as just severe bruising, they may choose not to call for an X-ray. Even if one is carried out, it could be done incorrectly or interpreted incorrectly. Alternatively, it may not even reach the relevant doctor for them to look it over.
If a fracture is missed or wrongly diagnosed it can mean the patient does not get the treatment they need. This can lead to other medical problems such as a permanent disability, constant pain and bones may fuse together wrongly. To have your case assessed for negligent misdiagnosis call our claims team today. Through a free assessment, they can tell you if you have a valid case for medical negligence.
The Limitation Act 1980 states that you have 3 years from the date your injury was sustained to start a claim. If you try to make a claim following the expiration of this time window, you’re likely to find it very difficult to have it addressed. That being said, it is possible to make a claim after 3 years. Below, we’ve listed some examples of scenarios when this can be achieved.
General Accident Claims
Whilst most personal injury claims will have to abide by the 3-year time limit, the time limit in question is from the date the injury occurred. However, some injuries are not diagnosed until a date later than that of the accident. The date you are made aware of your injuries is called the date of knowledge. It is possible to use your date of knowledge as the start date for your time limit. Saying this, you must be able to prove the date of your diagnosis was later than that the accident that caused it was. A good way of doing this is to present your medical records during the claims process.
Child Accident Claims
Those under 18 years old cannot pursue their own claims. Because of this, their time limit is suspended until their 18th birthday. They can then start a claim themselves within the usual 3 years. If their claims are to be made before then, it must be done through a litigation friend. This is an adult who must have the child’s best interests in mind. For example, this could be the child’s parent or guardian. Alternatively, they could take the form of another family member, family friend, or even a legal representative such as a personal injury solicitor.
If the claim succeeds, the litigation friend does not receive the scapula fracture compensation. Instead, it is paid into a bank account for when the claimant turns 18.
Claiming On Behalf Of Those With A Reduced Mental Capacity
Some claimants may suffer from a reduced mental capacity. This could be due to a pre-existing mental condition or brain injury. In these cases, their time limit is suspended but a claim can be pursued by a litigation friend.
If they recover enough mental capacity to pursue their own claim, then their time limit begins when they recover. If this never happens, their time limit will also remain suspended.
There are a few steps you should take if you’ve suffered a negligence-induced scapula fracture and wish to make a claim. Seeking medical advice should be your initial priority. The sooner you are treated by a medical professional, the better your chances become of recovery. Not only that, but this step should also generate medical records that will be very helpful during the process of making your claim.
The more quality evidence you have, the better chance you have of your claim being successful. Some other good pieces of evidence to obtain are photographs and witness details. If the accident that caused your injury was captured on CCTV, then you can request the footage.
You have the choice of pursuing the personal injury claim yourself or having an experienced personal injury solicitor do it for you.
A No Win No Fee agreement is when the claimant is not responsible for paying their personal injury solicitor’s legal fees unless their claim is successful. If it is not successful, they won’t owe them anything. If the claim is won, then their lawyer is paid via a small and capped percentage taken from the payout.
The solicitors on our panel work with all of their clients on a No Win No Fee basis. If this way of making a claim appeals to you, then reach out today. We can offer you free legal advice and perhaps help you in making the first steps towards receiving the compensation you deserve.
- Call us on 020 3870 4868
- Chat to us in the pop-up window in the bottom right
- Fill out the online form on our website to see if you could have a valid claim
We’ve included some links to additional information you may find helpful.
- Your rights after an accident at work.
- How to report a doctor for medical negligence.
- Our guide on how to claim for an accident in a public place.
- How to request CCTV footage of yourself.
- Here is some NHS advice regarding how to know if you’ve broken a bone.
- More information on litigation friends.
In this final section, we’ve answered some of the more common questions we’re asked on a regular basis.
How serious is a fractured scapula?
Every injury is different. How serious the scapula is damaged will depend on how severe the fracture is.
How much did people get for shoulder injury the UK?
There are too many factors to consider to give an accurate and singular answer. The amount often depends on how severe the injury was, and how long the recovery time was.
How can Litigation Friends help children claim compensation?
If a child has a scapula fracture, then an adult can act as a litigation friend and make their claim for them. This is because anyone under 18 cannot make a claim for themselves.
Checked by EI.