When Could You Claim For A Rotator Cuff Injury At Work?

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Rotator Cuff Injury At Work Claims Guide

This guide will give useful information on the compensation you could claim for a rotator cuff injury at work. First, we will cover when you could make a personal injury claim after an accident at the workplace. We will take a closer look into rotator cuff injuries and possible causes. Evidence is very useful for pursuing personal injury claims for accidents at work, so we will also give examples of proof you could obtain to highlight employer negligence and also the harm you suffered. 

We also have a compensation section that looks at the types of damages you could be awarded and how compensation is calculated using a document that supplies guideline amount brackets for different injuries. Finally, we will give you insight into how to start a No Win No Fee claim with our solicitors.

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  1. When Could You Claim For A Rotator Cuff Injury At Work?
  2. What Could Cause A Rotator Cuff Injury At Work?
  3. How To Prove An Accident At Work Claim
  4. Workplace Rotator Cuff Injury Settlements
  5. How To Start A Workplace Accident Claim
  6. Related Workplace Accident Claims

When Could You Claim For A Rotator Cuff Injury At Work?

A rotator cuff injury at work can happen for many reasons, but to have a valid personal injury claim, you must be able to prove that negligence occurred. The Health and Safety At Work etc. Act 1974 applies a duty of care on all employers to ensure they take reasonably practicable steps to keep employees safe while they are at work.

The Health and Safety Executive (HSE), Britain’s national regulator for workplace health and safety, provides guidance to employers on how to keep their workforce safe while at work. 

Here are the eligibility criteria for making a personal injury claim against your employer after an accident at work:

  • The employer owed you a duty of care.
  • The duty of care was breached, which led to your accident, and, 
  • This caused your injury and/or mental harm.

This is the foundation of negligence in tort law for making a personal injury claim.

To find out if you could make an injury at work claim, call our advisors now and in a free consultation, you could have your case assessed free of charge. If they find that you have grounds to make an accident at work claim, they can offer to connect you with one of our specialist No Win No Fee solicitors. 

Time Limits In Which To Claim For An Injury At Work

There is a time limit to consider when making a claim. The Limitation Act 1980 explains that generally, you have three years from the incident date to initiate personal injury claim proceedings. There are some exceptions, particularly if the injury comes to light after the accident. You can go to our web form to ask if you aren’t sure whether your claim falls within an accepted time limit.

What Could Cause A Rotator Cuff Injury At Work?

According to the NHS, the rotator cuff is made up of four muscles in the shoulder. You may therefore suffer a rotator cuff injury at work by:

  • Falling on an outstretched arm due to a spillage that has not been signposted or cleared up in a timely manner. 
  • Not being provided with the correct manual handling training and lifting or supporting a load that is far too heavy. 
  • Broken or defective lighting on stairs leads you to fall, causing a dislocated shoulder that affects the rotator cuff. 

Because of the important role the rotator cuff plays in protecting the shoulder, a rotator cuff issue can lead to a wider shoulder injury. 

How To Prove An Accident At Work Claim

Evidence of negligence might give a case a helping hand, or it could be all-important to the outcome. A good way to prove a workplace accident claim is with evidence that the employer breached their duty of care.

A solicitor from our panel could help to gather evidence during a case. If you’re able to gather evidence after the incident, you could:

  • Take photographs showing the scene, the cause of the accident or the extent of your injury.
  • CCTV footage, or captured footage, of the incident. This would be helpful if it shows the accident and the cause.
  • Medical records and a diary showing your symptoms. 
  • Contact details of potential witnesses, as witness statements could support your account of what happened.

Workplace Rotator Cuff Injury Settlements

Compensation payouts awarded for a successful workplace accident claim will depend on several factors. General damages compensate for the injury, such as a rotator cuff injury. This will include recovery time, lasting damage, and psychological distress. 

Settlements for a successful claim tend to vary. However, the table below shows guideline compensation brackets taken from the Judicial College Guidelines JCG. The JCG is often used in the calculation of the general damages head of a claim by legal professionals. 

Compensation Guidelines.

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INJURY SEVERITY COMPENSATION NOTES
Shoulder Severe £19,200 to £48,030 Often associated with neck injuries and serious brachial plexus damage, which causes significant neck and/or arm issues.
Serious £12,770 to £19,200 This covers most rotator cuff injuries that have symptoms continuing after surgery.
Moderate £7,890 to £12,770 This bracket would include symptoms such as discomfort and limited movement. This covers a period of discomfort lasting two years or more, without being permanent.
Minor (i) £4,350 to £7,890 Shoulder injuries resolving within two years. Severity and pain are also considered when an amount is awarded.
Minor (ii) £2,450 to £4,350 As above, but where recovery happens within a year.
Minor (iii) Up to £2,450 Covering the most minor injuries, where recovery happens within three months.
Neck Moderate (i) £24,990 to
£38,490 		This bracket would cover serious soft tissue injuries affecting the neck and back.
Arm Less Severe £19,200 to £39,170 While this covers disabilities considered significant, it also accounts for a great degree of/or expected recovery.

Special damages cover financial losses directly related to an injury. This might include, for example:

  • Necessary healthcare.
  • Travel, especially if you drove before the injury and could not do so afterwards.
  • Lost wages or overtime pay.
  • Prescriptions.

Claimants are advised to keep receipts and invoices so that special damages can be tallied up.

How To Start A Workplace Accident Claim

If you have a valid personal injury claim, then No Win No Fee solicitors may offer to take on your case via a Conditional Fee Agreement.

When working with a solicitor on your personal injury claim under a CFA, you would not need to make any upfront or ongoing payments for the services they provide. If your claim was unsuccessful, then you would not need to pay any solicitor fees. 

If your personal injury claim succeeds, then a No Win No Fee solicitor can take a legally capped percentage from your compensation as their success fee.

To find out if you could work with one of our No Win No Fee accident at work solicitors, call our advisors today and have your case assessed for free.

Talk To Us About No Win No Fee Agreements

Speaking to our advisors is completely free of both charge and hassle. It could make all the difference when considering a possible claim following an accident at the workplace.

To speak to us and see how we can help, you have plenty of routes available to you:

Related Workplace Accident Claims

In this final section, you can read some more about workplace accident claims.

Here are some useful links:

Thank you for reading our guide on claiming compensation for a rotator cuff injury at work. We hope you’ll get in touch if you need advice or support.