By Daniel Sisko. Last Updated 17th May 2022. Welcome to this case study covering personal injury claims payouts for a torn rotator cuff. In it, we describe how a worker received shoulder injury compensation payouts in the UK. We also explain what affects the settlement value of a shoulder injury claim. If you’re seeking a rotator cuff workers compensation settlement, like the woman in the case study below, or you’re looking to claim rotator cuff tear compensation for another accident, this shoulder injury claims case study could be useful. Further to discussing this woman’s claim for rotator cuff injury compensation, we go on to look at shoulder injury compensation payouts in detail. We explain what could affect shoulder injury compensation amounts, whether you should look at a rotator cuff injury compensation calculator for guidance, and why the average payout for a shoulder injury in a car accident would have no impact on your claim.
Shoulder injury compensation payouts for UK claims explained
A torn rotator cuff is a painful injury that can lead to complications for quite a while following the injury. In the case we’re going to review in this case study, the claimant had to change her profession because the injury prevented her from being able to lift anything heavy. Accident Claims UK are a no win no fee solicitor who can help you if you’re looking for a payout for a torn rotator cuff due to an accident at work.
Examples of shoulder injury compensation payouts in the UK
This case is a good example of how a typical claim for an accident at work might progress and how the claimant ended up with £65,000 in compensation for her injuries. We have specialist solicitors who can take on a case like this for you if you have suffered in a similar way to this claimant.
The care worker used a personal injury solicitor for her claim as she’d suffered a torn rotator cuff while helping a service user to have a bath. The injuries were severe enough that the claimant had to change from working in the care profession to working in a classroom as a teaching assistant, a less well-paid job, meaning she decided to seek a payout for a torn rotator cuff.
This case study will show how important a personal injury solicitor in this case was as, initially and without the evidence from the solicitor, the insurers for the care company were not going to admit liability, meaning no payout would’ve been received.
If you’re considering a payout for a torn rotator cuff injury and would like us to claim on your behalf, then please call Accident Claims UK on 0800 073 8801 now. If you’d like to no more about how the payout for a torn rotator cuff was secured in this case, then please read on.
What Is A Torn Rotator Cuff
The rotator cuff is all of the muscles and tendons around the shoulder joint. They support the shoulder to keep it working properly. A payout for a torn rotator cuff can be sought if you have an injury that results in a partial or full rotator cuff tear where somebody else was to blame.
Rotator cuff tear symptoms can include pain when trying to lift, unable to lift the arm as high as before and possible clicking or grating noises when moving the arm. Any of these symptoms could mean your eligible to have a payout for a torn rotator cuff injury.
A full tear of the muscles or tendons in the rotator cuff happen when there is a sudden impact like crash, collision, slip, trip or fall. A partial tear can happen over a period of time through repeating the same type of operation and putting the same stresses on the shoulder joint.
How long do I have to claim a rotator cuff workers compensation settlement in the UK?
You can seek a payout for a torn rotator cuff at anytime within 3 years of the accident that caused the injury as any personal injury solicitor can only lodge claims within these time limits.
Details Of The Torn Rotator Cuff Injury Suffered
The claimant seeking the payout for a torn rotator cuff in this incident actually suffered a tear of the supraspinatus muscle. This is one of the smaller muscles that runs from the shoulder blade to the humerus in the arm. Studies have shown that a tear of the supraspinatus muscle is very rarely able to heal itself and so would probably have required surgery to remedy the situation following the accident and certainly would’ve caused a lot of pain and suffering.
What did their settlement value of the shoulder injury claim include?
Therefore, the payout for a torn rotator cuff would’ve had to take the pain, surgery and time off work into account to be a fair reflection of the claimants suffering. In this case the rotator cuff tear also meant the claimant couldn’t return to the same job as similar work could’ve aggravated the injury. This was used as mitigation for the claim.
The Allegation And How Liability Was Shown In This Case
The case against the care home wasn’t that they had done anything wrong on the day of the accident but the payout for a torn rotator cuff was sought because it was alleged that they hadn’t conducted sufficient risk assessments to protect its staff from accidents like this from happening.
All employers have a duty of care to protect their staff (and service users in this instance) from injury while carrying out work. If it can be proven that the company had failed to complete these risk assessments, or if they hadn’t updated them to reflect any changes to the job, then a claim for a payout for a torn rotator cuff can be instigated against them.
Maximising the chances of shoulder injury compensation payouts in the UK
The solicitor, having heard from the insurer that they weren’t going to admit liability, immediately sought expert advice to prove that the company hadn’t completed risk assessments properly and were therefore negligent. A competent personal injury solicitor will always prepare the strongest case possible in case the other party denies liability which can involve medical expert reports, medical records, witness statements and evidence from the claimant as well.
How The Rotator Cuff Workers Compensation Settlement Was Made
The solicitor, using the evidence from the expert in nursing and from evidence provided by the care company themselves to begin to prepare a case to outline why it’s client was seeking a payout for a torn rotator cuff.
The evidence was strong and compelling and once it had been submitted to the insurers for the care home they admitted liability and an interim-payment was made to pay for treatment and care for the claimant.
Following the interim payment, the solicitor sought a full payout for a torn rotator cuff now that the insurer had admitted liability. In the end, after using medical reports as further evidence, a payment of £65,000 was paid to the claimant in full settlement of her claim.
This claim seeking a payout for a torn rotator cuff didn’t make it to court as it was settled amicably between all parties before it needed to go to court. This is very often the case, in our experience, and it is much better for the claimant to not have to go through the traumatic experience that court case can sometimes be. Accident Claims UK will always listen to any offer of compensation and advise our clients if we think the offer is fair or not before accepting anything on your behalf.
No Win No Fee Rotator Cuff Tear Injuries
If you’re considering seeking a payout for a torn rotator cuff following an injury at work, then you may be worried about the costs of the complex legal work involved. While some solicitors charge by the hour and make you pay, whether they win you compensation or not, we don’t. Accident Claims UK offer a no win no fee service on all claims we take.
This means that if we don’t win your rotator cuff injury compensation claim then you don’t pay. It is completely risk free for you and, when we have our initial free consultation with you, we’ll let you know exactly how much you’ll pay if we do win your compensation.
How much would shoulder injury compensation payouts in the UK be?
Some people ask how much will my payout for a torn rotator cuff be and we honestly have to tell you that’s it’s impossible to say until we’ve spoken to you and fully understood your case. You could look at this article on broken bone compensation that we’ve written. It includes a table detailing how much different injuries can achieve in compensation which could be relevant to your payout for a torn rotator cuff.
Contact Our Specialist Team Today About Personal Injury Claims Payouts for a Torn Rotator Cuff
If you’ve had to have rotator cuff tear treatment and want to find out about compensation for your injuries then get in touch with us today. You can contact us in these ways:
- Telephone: 0800 073 8801
- Our contact form
- Live chat on any page of our website
- Email us on firstname.lastname@example.org
Answering your questions about shoulder injury compensation payouts in the UK
Our team are specialists in dealing with personal injury claims and will know the answers to most questions from people seeking a payout for a torn rotator cuff injury. Don’t worry if you’re unsure if you’re eligible to claim, we’ll talk everything over with you and let you know if you can use our no win no fee service.
What damages make up shoulder injury compensation payouts in the UK for a torn rotator cuff?
If you are claiming compensation for an accident at work, or on the road, or in a public place that has caused a torn rotator cuff injury, you may be wondering what types of damages you could claim. When you make a personal injury claim, courts and lawyers look at all the evidence in front of them, and ascertain how much compensation you could be eligible for both general and special damages.
Special damages relate to the costs and losses claimants suffer as a result of their injuries and accident. This could include loss of earnings, medical costs, travel costs and care costs, for example. In many cases the compensation payout you could receive would be based on the precise costs you incurred. However in some cases, if you are likely to lose out on future income, or have to change your career, for example, compensation could be payable for this. In terms of general damages in personal injury claims payouts, the suffering and pain that you had experienced, as well as any loss of amenity would make up your payout. Strong medical evidence could help to maximise personal injury compensation settlements in the UK for general damages.
Rotator Cuff Injury Compensation Calculator In The UK
As mentioned above, the figure that’s awarded for the physical pain and mental suffering caused by your injuries is called general damages. In this section, we’ve included some guideline figures from the Judicial College Guidelines (JCG). The JCG is just one of the resources that legal professionals turn to when they are assessing how much your general damages payment is worth.
You’ll find some example figures in the table below. They have been taken from the most recent version of the JCG – the 16th edition, published in April 2022. Remember, these figures are only guidelines. As such, they may not necessarily be reflective of how much you could be awarded.
|General psychiatric damage||(a) Severe – The claimant will be badly affected when it comes to factors such as the ability to work and the effect on the person’s relationships with friends and family.||£54,830 to £115,730|
|Shoulder||(c) Moderate - When movement is limited, and discomfort is present for around 2 years due to an instance of frozen shoulder.||£7,890 to £12,770|
|Shoulder||(a) Minor – (i) This bracket includes a soft tissue injury in the shoulder that almost fully heals in less than two years but causes considerable pain.||£4,350 to £7,890|
|Shoulder||(d) Minor – (ii) Soft tissue damage in the shoulder that causes considerable pain but mostly recovers within a year.||£2,450 to £4,350|
What medical evidence would I need to maximise personal injury claims payouts for a torn rotator cuff?
Simply seeing your GP or local hospital would not provide you with sufficient evidence to maximise your compensation payout. You would need to have an examination by an independent medical expert, who could look at your injuries and how they’ve affected you. They could review your past medical notes too, if they are relevant to your case. Once they have all the information that they need, they would be able to write up a detailed report that could be submitted as independent medical evidence. This evidence could significantly affect personal injury compensation payouts. Courts and lawyers could use them against the Judicial College Guidelines to ascertain an appropriate compensation payout for you.
How common are personal injury claims payouts for a torn rotator cuff caused by car accidents?
When you make a personal injury claim for a car accident or other road traffic accident that you’ve been injured in, you may feel that this would be a rare occurrence. However, even in the year ending June 2021, there were significant numbers of injuries on UK roads. The statistics below from the Department of Transport showed that over 118,000 people suffered injuries ranging from slight to fatal in this period.
Not only are motorists injured in UK traffic accidents. There are a variety of other road users that could potentially make a claim for compensation for financial loss, and pain and suffering if they’ve suffered a torn rotator cuff in an accident that wasn’t their fault. We could help passengers, pedestrians, cyclists and other road users claim compensation for a wide range of injuries they’ve suffered due to somebody else’s fault. Please do not hesitate to call us or fill in the online enquiry form and we will be happy to assess your case for free, to see if you could claim.
What could affect shoulder injury compensation payouts in the UK?
There are lots of factors that could affect the settlement value of a shoulder injury claim. Perhaps one of the most important pieces of evidence that could affect your rotator cuff tear compensation is the medical report.
As part of your claim, you may be invited to an appointment with a medical professional that is independent of your case. They would examine you, and put together an evidential medical report.
However, this is not the only factor that could affect how much you receive. Your compensation could also include costs and losses that you could evidence were caused by your accident and injury. This is referred to as special damages, and can include a loss of earnings if you have had to take time off work or medical costs that are not covered by the NHS.
Do I need a locally-based lawyer to claim rotator cuff tear compensation?
Some people may be under the misapprehension that the location of your personal injury solicitor has a significant bearing on your claim. You do not have to choose a solicitor that is based in your local area. However, many aspects of your case can now be communicated online or over the phone. This means you are free to choose who you feel could most appropriately represent you.
We would be happy to help you get the rotator cuff workers compensation settlement you deserve. Our panel of solicitors can help you wherever you are in the country, meaning that you don’t need to proceed with a high street solicitor in your area.
What types of accidents at work could lead to shoulder injury claims?
Accidents at work resulting from an employer’s negligence that could lead to shoulder injury claims could include:
- A slip, trip or fall due to a wet floor sign not being put down
- Being struck by a moving object due to stock being stored unsafely
- An assault at work after your employer failed to take action against discrimination complaints
- A fall from height from a faulty ladder due to your employer failing to regularly risk assess work equipment
- Manual handling injuries due to your employer failing to ensure you were lifting a safe weight.
You can see below the most common causes of injuries in the workplace, according to the Health and Safety Executive’s 2020-21 figures.
To claim compensation for an accident at work, you would have to prove that your employer breached the duty of care they owed you, causing you to suffer injuries. If you have a valid claim, we could help you claim for the shoulder injury compensation payouts you deserve.
Should I use a rotator cuff injury compensation calculator to get an idea of what shoulder injury payouts I could get?
You could look at a rotator cuff injury compensation calculator, but this would only give a rough indication of what shoulder injury payouts you could receive. They would not be able to give you specific guidance as to the shoulder injury compensation amounts for your claim.
That’s why it could be a wise idea to call us for free legal advice. We could give you guidance on shoulder injury compensation payouts, and what you could claim for.
What could shoulder injury compensation payouts include?
Shoulder injury compensation payouts could include general damages which seek to compensate for your pain, suffering and loss of amenity caused by your injury. They could also include special damages for any detrimental financial impact of your injury, such as loss of earnings.
For more information on shoulder injury compensation payouts for the UK, please get in touch on the number above.
Useful Links Relating To Personal Injury Claims Payouts for a Torn Rotator Cuff
If you need further information or are still deciding if you have a case to seek a payout for a torn rotator cuff, then you may find these articles relevant:
Rotator Cuff Tear NHS – a guide to rotator cuff tear symptoms and rotator cuff tear treatment from the NHS.
Shoulder Injury Compensation – Not just for those looking for a payout for a torn rotator cuff injury, this guide covers compensation for all shoulder injuries. It includes an alternative to a compensation calculator to give someone who suffers a shoulder injury an idea of how much compensation they could get.
Thank you for reading this case study on personal injury claims payouts for a torn rotator cuff. To make a shoulder injury compensation claim, or to find out more about shoulder injury claims, including those for frozen shoulder, or other causes of shoulder pain call 0800 073 8801 to talk to our team.