By Danielle Newton. Last Updated 9th December 2024. If you have injured your shoulder in an accident caused by a third party’s negligence, you might be eligible to pursue rotator cuff injury compensation. In this guide, we’ll discuss the legal duty of care that is owed to you to prevent you from sustaining a shoulder injury at work, on the road or in a public place.
Additionally, you may have questions after suffering shoulder pain, such as:
- ‘What is the average payout for a rotator cuff injury?’
- ‘How much compensation will I get for a rotator cuff injury?’
- ‘What are Conditional Fee Agreements?’
As well as discussing what the average shoulder injury compensation payouts in the UK are, we’ll discuss the benefits of working with specialist solicitors from our panel and how they could improve your chances of getting the maximum compensation payout for a rotator cuff tear.
You can come to our advisors with any questions and at any time. They offer free legal advice and may be reached via the following ways:
- Calling 0800 408 7825
- Use our live chat window on your screen
- Or contact us and we’ll get back to you as quickly as we can
Select a Section
- Case Study: £23,000 Compensation Payout For A Rotator Cuff Injury
- What Is A Rotator Cuff Injury?
- Accidents Resulting In Rotator Cuff Injuries
- What Could My Compensation Payout For A Rotator Cuff Injury Be Worth?
- Claim Shoulder Injury Compensation Payouts In The UK With No Win No Fee Legal Help
- Further Reading
Case Study: £28,000 Compensation Payout For A Rotator Cuff Injury
Miss. Thomas was working overtime one night. She worked at her company’s office block. As she was leaving the office for the night she decided to use the stairs rather than the lift with it being so late. The lighting in the stairway was really poor several bulbs were missing. As she was walking down the stairs she went to grab on to the handrail and it came away from the wall. Miss Thomas slipped all the way down the stairs. Her shoulder was badly hurt.
The emergency services were called. The CCTV footage was later examined and confirmed that the handrail came loose as soon as Miss Thomas went to grab it. Miss Thomas was taken straight to hospital where she received several diagnostic tests as her shoulder was in a bad condition. She was diagnosed with several tears to the rotator cuff area in the shoulder. Even after the surgery there were still lingering symptoms.
After contacting a No Win No Fee solicitor, Miss. Thomas decided to proceed with a claim against her employer. She had suffered significant pain and distress and required expensive on-going physiotherapy to regain strength and mobility in her shoulder. She had to take several months away from her job in which she received no sick pay. She kept detailed records of all costs and her lawyer was confident that this money could be won back for her.
The case was settled in her favour after a short period. She was awarded £28,000 for both general and special damages.
What Is Rotator Cuff Injury?
We concentrate on three mains areas of liability:
- Accidents in the workplace
- Injuries sustained in public areas
- Road traffic accidents (RTA’S)
If you suffered shoulder or arm injuries due to the negligence of someone else in any of these areas, speak to our team today. You could have grounds to seek rotator cuff injury compensation.
The law is clear about the duty of care. In the workplace, The Health And Safety At Work etc Act 1974 clearly outlines the responsibilities of employers and employees to create the safest possible environment for everyone. Severe penalties can be enforced if this care lapses. If your injury happened at work, through employer negligence you could have a case. Please read the Act for more information. Any questions, just give us a call.
The Occupiers’ Liability Act 1957 provides the same sort of protection in public places and anywhere that is accessible to the public. Local public areas are also covered under this duty, so any accident in the street, a park, or any municipal building and public area that could have been avoided and caused you to suffer could make you eligible for a compensation claim. Did you trip on broken pavement or slip in an unattended spillage and injure yourself? Did anyone lapse their duty of care?
Lastly, The Highway Code obliges all road users to show a duty of care to each other and everyone who uses the roads, including cyclists and pedestrians. This law expects a standard of diligence and care regardless of the age or experience of the driver. It also urges all road users to anticipate that some people may not demonstrate this requisite care and to be alert to that.
These laws are designed to work together to protect your safety in the three main areas of life. Speak to us today if your suffered injuries from an avoidable accident in any of them.
Accidents Resulting In Rotator Cuff Injuries
Numerous scenarios could involve damage to your rotator cuff, positioned as it is at the top of your shoulder. Tripping and falling badly, slipping on wet surfaces, being in a road traffic accident, or being the victim of assault could all damage this part of your arm. Government statistics show the alarming rate of accidents that can happen in the workplace, with 693,000 people hurting themselves at work in 2019/2020. It can be all too easy to injury this part of your body.
Cyclists can be prone to injury on the roads and falling or being knocked from your bike could result in an injury like this also. Unprotected by a metal framework, cyclists are uniquely vulnerable and can easily be injured as a result of reckless driving.
What Could My Rotator Cuff Injury Be Worth?
A compensation payout for a rotator cuff injury can be comprised of two different heads of loss. These are:
- Physical and psychiatric harm is compensated under general damages.
- Financial losses stemming from that harm are compensated under special damages.
If you are eligible to work with one of the highly experienced solicitors on our expert panel, they will calculate a possible value for your rotator cuff injury. In order to do this, they can refer to your medical documents alongside the Judicial College Guidelines (JCG).
The JCG publication contains guideline compensation brackets for various injuries. We have used the shoulder injury brackets in our table here.
Compensation Table
It is important we emphasise that the top entry is not a JCG figure and that these shoulder injury compensation payouts have been provided for guidance purposes only.
| Injury | Description | Amount Guideline |
|---|---|---|
| Multiple Very Serious Injuries with Additional Special Damages | Very Serious | Up to £150,000 + |
| Shoulder | (a) Severe | £23,430 to £58,610 |
| (b) Serious | £15,580 to £23,430 | |
| (c) Moderate | £9,630 to £15,580 | |
| (e) Clavicle fracture | £6,280 to £14,940 | |
| (d) (i) Minor | £5,310 to £9,630 | |
| (d) (ii) Minor | £2,990 to £5,310 | |
| (d) (iii) Minor - A full recovery within 3 months | Up to £2,990 |
More Examples of Shoulder Injury Compensation Amounts
As previously mentioned, in some claims you will also be able to receive compensation for special damages. If you claim successfully for this, this could influence the shoulder injury compensation you receive, as you will be reimbursed for financial losses caused by your injuries.
Financial losses you may be able to claim for as a result of the injury might include:
- Travel expenses
- Adjustments to your home
- Loss of earnings. If your injury is permanent or long-term, you may be able to claim for future loss of earnings.
- Care costs. For example, you may require a nurse to help assist with your everyday life as you recover from your injury.
- Healthcare costs
Whether you can receive shoulder injury compensation payouts under special damages or depends on if you’re able to provide evidence of your losses. Potential evidence for special damages compensation includes receipts, invoices, bank statements and payslips.
To learn more about what you could receive for shoulder injury compensation, please contact us for free legal advice using the details above. In just one phone call, we can confirm if you’re able to claim and provide you with a compensation estimate of what you could receive.
Claim Shoulder Injury Compensation Payouts In The UK With No Win No Fee Legal Help
If you are seeking compensation for a shoulder injury, you may like to have a solicitor to work on your case. One of the solicitors from our panel could help. Typically, they provide their legal services under the terms of a Conditional Fee Agreement (CFA). This is a type of No Win No Fee agreement.
When your solicitor works on your shoulder injury claim under this type of agreement, they usually don’t ask for payment for their work upfront. There also won’t be any ongoing service fees. You also won’t be asked for a payment to cover their services if you are not awarded compensation following an unsuccessful claim.
However, if your claim succeeds, your solicitor will deduct a success fee from your awarded compensation. This amount is a percentage that is limited by the law.
To discuss shoulder injury compensation payouts in the UK and find out if you are eligible to make a personal injury claim, contact one of the advisors from our team. If it seems like you have a valid claim, they could pass you onto one of the solicitors from our panel.
To speak to an advisor:
- Call 0800 408 7825
- Use our live webchat.
- Contact us for a call back.
Further Reading
- For further information about accidents in public, please read here
- Please read here for more information on accidents on public transport
- For more on claims against the council, please read here
- For further information on shoulder injuries, please read here
- Please read here for more statistics on accidents at work
- Further reading on accident claims
Thank you for reading our case study about claiming a compensation payout for a rotator cuff injury. If have any questions about shoulder injury claims, or if you would like to get one started today, speak to one of our advisors.
Article by EA
Published EC.
