Shoulder injury compensation claims

What are the common causes of shoulder injuries?

Shoulder injuries at work

There are strict health and safety laws in place that are designed to protect employees from avoidable accidents.

If you've been involved in a workplace accident, then your employer may not have followed those regulations fully. If that's the case, they've put you at risk and you may be able to make a claim.

Shoulder injuries from falling are common as are those where there are activities like:

• Heavy lifting
• Repeated arm movements
• Using dangerous machinery
• Impact from falling objects.

Call us for a confidential chat on . All calls are free and we'll be able to see if you have grounds to make a shoulder injury compensation claim.

Will claiming cost your employer money?

Shoulder injuries caused by heavy impact

Some shoulder injuries occur because of an impact to the joint. This commonly happens during road traffic accidents, when the vehicle suddenly jolts or abruptly stops.

Injuries can also be caused when the shoulder is actually hit against something in a collision, such as the handlebars of a bike or the steering wheel of a car. Whiplash suffered in a road traffic accident can affect the shoulders as well as the neck.

Our road accident solicitors have experience helping people like you to make personal injury claims either as a driver, passenger, pedestrian or cyclist.

Find out more about making a road accident claim.

Shoulder injuries caused by sporting accidents

Impact injuries are common in sports. However, when you take part (or spectate) in a sport or a physically active hobby, you accept the potential injury risk that goes with it. This is known as ‘associated risk'. For example, mountaineering, skiing or contact sports like football or rugby are risky in themselves and there's always a chance you could get hurt taking part.

People can usually make claims for sporting shoulder injuries when the shoulder damage suffered was avoidable and caused by the negligent action - or inaction - of someone else. Potential causes could be faulty or poorly-maintained equipment that you were using or negligent oversight by a supervisor or referee.

In a successful shoulder injury compensation claim following a sporting accident, your solicitor will seek to establish that the cause was due to another's negligence rather than from the associated risk of taking part.

Find out more on our sports injury claims page. 

Shoulder injuries caused by medical negligence

Medical negligence is when a health professional causes you harm or makes an existing condition worse by negligent action, substandard care or a failure to act. In other words, where they have failed in their duty of care to you. 

You may be eligible to make a shoulder injury compensation claim if a healthcare professional has caused you shoulder damage through misprescription of medication, incorrect physiotherapy treatment, misdiagnosis or negligent surgery

Find out more on our medical negligence page 

What shoulder injuries are most common?

The shoulders are among the largest and most versatile joints in the human body - and for this reason, they can be fragile and incredibly painful if damaged. Each shoulder joint is made up of three bones: the scapula (shoulder blade), clavicle (collarbone) and humerus (upper arm bone). 

Below are a few examples of the types of injury that can affect your shoulder:

Broken or fractured bones

If one of your shoulder bones breaks it can cause extreme pain for years after you've recovered. Fractures of the clavicle and scapula can cause problems even after they've healed and can involve surgery to repair.

Shoulder dislocation

Dislocation occurs when your shoulder joint pops out of its socket after a serious impact. It can be extremely painful but fortunately is the easiest joint to reset because the shoulder socket is quite shallow. However, the soft tissues surrounding the shoulder joint can be seriously damaged and recovery time will often be 12 to 16 weeks. 

Rotator cuff 

The rotator cuff is made up of muscles and tendons that aid the range of mobility in your shoulder. When damaged, it's called a shoulder impingement and can severely affect your ability to flex your shoulder properly.

Brachial Plexus injury

This is a network of nerves that sit underneath your shoulder blade. If this becomes damaged, it can affect mobility in the back and shoulders. This injury is also known as Parsonage-Turner syndrome and results in feelings of numbness or tingling, as well as pain in the arms and hands.

What should I do if I injure my shoulder?

First, take medical advice so you can get the treatment you need. Depending on the severity of your shoulder injury, see your GP or head straight to A&E. 

Get to your nearest hospital if it's a serious soft tissue injury, fracture, break or deeply penetrating wound involving blood loss.

If you suffered shoulder damage at work, then remember to:

• See a nominated first aider, they'll be able to decide if you need immediate medical help.
• Report the incident and injury to management as soon as you or a colleague can. This is so they can record what happened in the firm's accident book.
• If you're a member of a trades union, let your rep know.
• Your employer must report injuries above a certain severity to the Health and Safety Executive (HSE). They'll automatically investigate these injuries for any breach of safety directives.
• If your shoulder injury is severe enough to warrant an HSE investigation, it won't delay things if you decide to make a shoulder injury compensation claim.

After you've received treatment for your shoulder damage, keep a diary to record how you're recovering. Take photos of the injury too. Should you want to make a shoulder injury compensation claim, pictures will really help your solicitor when they begin building your claim.

Who's responsible for my shoulder injury?

Owners of public places such as councils, shops, pubs, restaurants and other similar businesses have a responsibility to keep you safe. Legally, this is called a duty of care. If they've failed to follow the proper safety regulations and you've been injured, then you may be able to make a shoulder injury compensation claim.

Duty of care also applies to employers, all who must reasonably ensure you can do your job safely. This includes providing you with the correct safety equipment and training. If they don't comply with general health and safety regulations like The Health and Safety at Work Act 1974 and you've been injured, then it's likely you could make a claim.

No matter what the cause, if you've suffered a shoulder injury in the last three years that was down to someone else's negligence, then come and talk to us. We may be able to help you get the shoulder injury compensation you deserve. Call us on  for a confidential chat.

How are serious shoulder injuries defined?

Shoulder injuries can sometimes be serious which can lead to a long recovery time. It can also have potentially life-altering effects for you and your family.

You likely have suffered a serious shoulder injury if you have:

• Had ongoing or frequent medical treatment.
• Had a lot of time off work.
• Been unable to take part in sports or hobbies.
• Received any care or support provided by family or friends, even if given freely.

Shoulder injury compensation can help to take some of the stress out of your situation so that you can focus on your recovery without having to worry about the financial impact. 

It can also support you as you deal with the life altering consequences of suffering a serious injury such as a broken bone or severe burn.

When you feel ready to talk about what happened, you can call our friendly advisors on for free advice. They'll be able to let you know whether they think you're eligible to claim for shoulder injury compensation and can answer any questions you may have.

The help and advice we offer is completely free and confidential, and there's no obligation to make a shoulder injury compensation claim. So if you'd just like someone to talk to about what happened, we're here to listen.

What are the shoulder injuries time limits?

To qualify for making any no win no fee shoulder injury compensation claim, you must have been injured within the last three years. The accident must also have been completely or partially someone else's fault.

• If you were 18 or over when the injury occurred, you have three years to make a personal injury claim from the accident date. 
• If you were under 18 at the time and no claim was made, you have three years from your 18th until your 21st birthday to claim.
• You can make a shoulder injury compensation claim for a child under 18 on their behalf at any time up to their 18th birthday. 
• This is called being a ‘litigation friend' and is usually a parent, guardian or other officially-responsible adult.

There are exceptions to the three-year limitation, for instance where the claimant has experienced such severe injury they can't make the claim themselves or if they lack the psychological capability to do so.

If you've got any questions about making a no win no fee compensation claim, contact us for free and impartial advice on . We'll listen to what you've been through and let you know if we think you could make a no win no fee claim. 

Alternatively, try our eligibility verifier which asks some easy questions about your experience and will let you know whether we think you may be able to make a shoulder injury compensation claim.

It's important to add that we'll never rush or pressure you. We're here to give you impartial and free no win no fee shoulder injury compensation claim advice so you can decide the right thing for you to do next. 

How do I pay my solicitor when making a shoulder injury compensation claim?

A no win no fee arrangement is often known as a conditional fee agreement. It's the contract between you and your no win no fee personal injury lawyer.

No Win No Fee means if you don't win your no win no fee claim, you pay anything to anyone. Importantly, it means you get fair access to justice if you've been hurt in an accident that wasn't your fault.

If you win your claim, your solicitor will typically make the following deductions from the compensation you are awarded:

• A ‘success fee' for winning the claim.
• The other side will usually be required to make a payment towards your legal costs and expenses but any shortfall may also be deducted from your compensation.
• The cost of the premium for any legal protection insurance you may have needed to ensure your claim is risk-free.

You keep the rest and this will always be the majority of the compensation you're awarded. The deductions listed above will only be made when your compensation is paid.

There are no upfront costs and no hidden charges. Your solicitor will explain all this in detail at the start so you know what to expect if your claim succeeds.

At the start of your shoulder injury compensation claim, your no win no fee solicitor may need to take out a special legal protection insurance policy for you. It pays the costs if your claim were to fail and ensures claiming is risk-free. Insurance must always be in place just in case that happens. 

They'll do this if you don't have an existing legal protection policy that has appropriate cover. It's a simple thing to check and your shoulder injury compensation solicitor firm will do so when they begin work on your claim.

Is National Accident Helpline a claims management company?

No, we aren't. National Accident Helpline is an independent personal injury advice brand owned by legal practice National Accident Law. We are regulated by the Solicitors Regulation Authority (SRA), the independent professional ethics and standards regulator that licences all solicitors across England and Wales. Our SRA registration number is 655606.

Claims management companies (CMCs) are overseen by a different regulator, the Financial Conduct Authority (FCA). CMCs do not have their own law practices. We advise on personal injury claims as part of National Accident Law. We also work with a national network of specialist law firms who we choose carefully and check closely to make sure you always receive an outstanding legal service.