By Danielle Griffin. Last Updated 20th February 2024. This guide illustrates shoulder injury compensation payouts in the UK with a case study. We look at how Mr A’s settlement was awarded for a torn rotator cuff he suffered in an accident at work. Additionally, we look at how compensation could be awarded in a successful personal injury claim.
There are various daily situations in which you could be owed a duty of care. These include while on the roads, at work and in public places. We take a look at these and explain the duty of care you are owed in each of these situations. Should a relevant third party breach this duty of care and you suffer an injury as a result, you could be eligible to make a shoulder injury claim. We’ll look at the eligibility requirements you need to meet in order to make a claim, as well as the limitation period for filing one.
If you have good grounds to claim compensation, you may wish to have a solicitor to help you through the legal process. We bring this guide to a conclusion by looking at why a No Win No Fee solicitor might be beneficial for your claim.
Direct any questions you have about the average compensation for a rotator cuff injury to one of the advisors from our team. They can answer your queries about the claims process 24 hours a day, 7 days a week.
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- £65,000 Compensation Payout For A Torn Rotator Cuff Case Study
- When Could I Claim For A Torn Rotator Cuff?
- How Long Do I Have To Make A Rotator Cuff Claim?
- What Evidence Do I Need To Claim A Compensation Payout For A Torn Rotator Cuff?
- Rotator Cuff Injury Compensation Calculator – UK Shoulder Injury Payouts
- No Win No Fee Rotator Cuff Tear Injury And Shoulder Injury Claims
- Useful Links Relating To Personal Injury Claims Payouts for a Torn Rotator Cuff
To give you some idea of how shoulder injury compensation payouts in the UK are calculated, we have created a fictitious case study. This could help you understand more about the factors that impact a shoulder injury claim.
Mr A, 21, was in a workplace accident involving a piece of malfunctioning machinery. His colleague had reported to his manager a week earlier that the machine had been faulty, but no one had mentioned this to Mr A. Mr A went to operate the machine, and it malfunctioned, causing his arm to be violently jerked backwards. This resulted in him suffering a torn rotator cuff. He had surgery to correct this but suffered persisting problems afterwards. He also needed extensive time off work to recover.
Mr A was able to claim compensation for the pain and suffering of his injuries, which amounted to £19,200. He was also able to claim compensation for loss of earnings and travel to medical appointments, as well as physiotherapy. The total damages paid out were approximately £65,000.
This is just one example. All claims are different, and because of this, it’s very difficult to provide an average compensation for a rotator cuff injury. If your claim is successful, compensation will take into account the specific facts and circumstances of your case. To start your free claim evaluation, please contact an advisor.
There are various incidents that could result in a shoulder injury. These include:
- A work-related injury. While in the workplace, your employer must undertake all reasonable and practicable steps to ensure your health, safety and welfare. This is their duty of care as set by the Health and Safety at Work etc. Act 1974 (HASAWA). If your employer fails to comply with applicable health and safety legislation and you sustain an injury, you might be eligible to claim shoulder injury compensation.
- A public liability accident. Those in control of public spaces must ensure the reasonable safety of those using the premises under the Occupiers’ Liability Act 1957. This is the duty of care that occupiers owe members of the public. You could be eligible to make a personal injury compensation claim if you suffer a shoulder injury because the occupier breached this duty.
- A road traffic accident. Everyone using the roads, including pedestrians, vehicle drivers, cyclists and motorcycle users, must navigate in a way that prevents themselves and others from sustaining injuries or damage. This is the duty of care that road users owe to each other. To comply with this duty, road users should adhere to the Road Traffic Act 1988 and any relevant rules and regulations found in the Highway Code. If an accident occurred due to a breach of this duty and you experienced an injury as a result, you might be eligible to make a shoulder injury claim.
An advisor from our team can further discuss this eligibility criteria with you and assess whether you might have good grounds to claim a compensation payout for a torn rotator cuff or other shoulder injury.
The Limitation Act 1980 outlines how long you have to begin a torn rotator cuff claim. The time limit for starting a personal injury claim is generally three years, starting on the date you were injured However, some exceptions to this rule come into play for those under the age of eighteen and those who do not have the capacity to claim for themselves.
For those under the age of eighteen, the time limit is temporarily frozen. While the time limit is frozen, a litigation friend can make a claim on their behalf. If a claim has not been made on their behalf, the injured party will have three years from the date of their 18th birthday to file one.
For those without the mental capacity to claim for themselves, the time limit is suspended indefinitely. The suspension lasts for as long as they are without this capacity. A litigation friend can make the claim for the injured party at any time during this period. If they regain the capacity to claim and one has not already been made, then the time limit will begin on the date they recovered this capacity.
Read on to learn about shoulder injury payouts and compensation in torn rotator cuff claims. Or, contact our team of advisors today to find out if you are within the time limit to start a claim.
To be eligible to seek a compensation payout for a torn rotator cuff, you would need to prove that a party that owed you a duty of care such as your employer, an occupier of a public space or a road user, breached the duty, and this resulted in your injury. You will need evidence to back up your claim, which could include:
- Evidence of the accident– This could include witness statements, which your solicitor could help you get, CCTV footage of the accident, or photographs of the scene. Similarly, an accident report from a workplace accident book could be used.
- Medical evidence – you will need to be able to prove your injuries. If you have sought medical attention for your torn rotator cuff, there should be a record in your medical notes. In some cases, you may also have to undergo an independent medical assessment, which can be arranged by a solicitor.
- Evidence of special damages – If you are eligible to claim for costs and losses resulting from your injuries, you will need to provide evidence of them. This could include payslips, showing loss of income, credit card bills showing medical or travel expenses, or receipts, for example.
To get help with gathering evidence for a torn rotator cuff claim, please contact an advisor to see if one of our solicitors could assist you.
Before you start your personal injury claim, you might want to know what the average compensation for a rotator cuff injury is. However, in each successful case, the settlement is awarded based on the individual merits present in that claim. Therefore, knowing the average compensation may not be beneficial for you.
Instead, this guide provides you with information about how shoulder injury compensation payouts in the UK could be awarded. If you make a successful personal injury claim, your settlement could consist of two parts: general and special damages.
General damages are the part of the settlement that compensates for the suffering your injuries have caused you to experience. To help assign value to this part of personal injury claims, those responsible for evaluating your claim may refer to the Judicial College Guidelines (JCG) from Judiciary UK. The JCG provides a list of guideline compensation brackets for various injury types.
In our table below, we look at a few figures for injuries from the 16th edition of the JCG that could be relevant to shoulder injury claims. Due to the differences between claims, this table is only intended as guidance.
We should also note that the top entry featured in this table has not been taken from the JCG.
|Serious combinations of injuries and claim add-ons
|Serious pain and suffering plus special damages
|This includes compensation for the claimant’s pain and suffering for multiple injuries plus any special damages caused by the injury, such as loss of income.
|Up to £100,000+
|This bracket includes injuries that result in brachial plexus injuries.
|£19,200 to £48,030
|Injuries found in this bracket result in pain in the shoulder and neck, elbow aching, sensory problems in the forearm and hand, plus a weakness of grip and restricted shoulder movement.
|£12,770 to £19,200
|This bracket includes movement limitations and discomfort from a frozen shoulder with symptoms that last for about two years. The bracket also includes soft tissue injuries with more than minimal symptoms that last beyond this, but the symptoms are not permanent.
|£7,890 to £12,770
|These soft tissue injuries have symptoms that last for less than two years.
|£4,350 to £7,890
|In this bracket, the injured party recovers from a soft tissue injury within a year.
|£2,450 to £4,350
|The claimant recovers from symptoms related to a soft tissue injury within three months.
|Up to £2,450
|All apart from the unusually serious
|This bracket applies to clavicle fractures with the overall award considering the extent of the fracture, disability, residual symptoms and whether these are permanent and whether the union is displaced. Unusually serious fractures may be considered with more serious shoulder injuries.
|£5,150 to £12,240
You could also be awarded special damages to compensate for monetary losses caused by your injuries. Special damages can include compensation for:
- Your loss of earnings, including any contributions to your pension.
- Care costs.
- Childcare expenses if you normally care for your children and need help while you recover.
- Travel expenses.
- Medical costs, such as physical therapy and prescriptions.
You should submit evidence to claim special damages, such as your bank statements, payslips and receipts.
Contact a member of our advisory team for a free valuation of your shoulder injury claim. A team member can also advise you on what costs you could recover as well as what proof you can submit.
If you are eligible to make a shoulder injury claim, you might wish to do so with the support of a solicitor. If so, one of our personal injury solicitors could provide their legal representation. Usually, our solicitors work under a Conditional Fee Agreement (CFA), which is a type of No WIn No Fee agreement.
If your solicitor works on your claim on a No Win No Fee basis, they won’t take an upfront payment for their services. They also won’t take any fees for their work on your case as it is ongoing. Additionally, they won’t ask you to pay for their services following an unsuccessful personal injury claim.
However, if your claim has a successful outcome, your solicitor will take a success fee from your compensation. This amount is deducted as a percentage that is limited by the law.
Direct any questions you have about the average compensation for a rotator cuff injury to one of our advisors. They’re available 24 hours a day, 7 days a week, to help with your potential claim for personal injury compensation. Additionally, if you satisfy the eligibility requirements, you could be connected to one of our personal injury solicitors.
To talk to an advisor about shoulder injury compensation payouts in the UK:
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.
- Learn about potential broken leg compensation payouts with our useful guide.
- Get more information on payouts for a cheekbone fracture through our case study.
- You could be able to claim for a sciatic nerve that was damaged during surgery. Read our guide to learn more.
- Find out about the potential compensation payouts for a simple forearm fracture with our guide.
Thank you for reading this case study on personal injury compensation 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.