Shoulder Injury Compensation Claims | Payouts And Calculator

By Jo Anderson. Last Updated 12th January 2024. If you’ve injured your shoulder through no fault of your own, you could be entitled to make a personal injury claim. In this guide, we explain how we can help you do so, as well as give advice on shoulder injury compensation claims and payouts.

We also discuss the process of making a compensation claim and the benefits of No WIn No Fee agreements.

If you would rather begin your shoulder injury compensation claim now, simply call Accident Claims UK on 0800 073 8801 to talk to our team.

shoulder injury compensation claims and payouts

Advice on claiming shoulder injury compensation payouts

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Shoulder Injury Compensation Calculator And Payout Examples

Successful shoulder injury claims could result in a payout that includes two heads of claim: special damages and general damages. Each compensates for the different impacts of your injury. General damages compensate for the psychological and physical impacts of your injury whilst special damages compensate for the financial losses. A shoulder injury compensation calculator could help you get a broad idea of what you could receive in terms of general damages, but they often don’t cover all special damages.

Those calculating general damages could refer to a document known as the Judicial College Guidelines (JCG). The JCG provides guideline payout brackets for a range of injuries of different severities. In the below table, you will find figures from the 2022 edition of the JCG. However, these are only meant as guidance, and the top entry in this table is not taken from the JCG.

Injury Type Severity of Injury Comments Compensation Amount
Multiple Serious Injuries Plus Special Damages Serious/Severe Multiple serious injuries with special damages such as a loss of earnings. Up to £100,000+
Shoulder Injury Severe (a) Often associated with damage to the brachial plexus and neck injuries, resulting in significant disability. £19,200 to £48,030
Shoulder Injury Serious (b) Serious injuries such as dislocation, damage to the lower part of the brachial plexus or a rotator cuff injury. £12,770 to £19,200
Shoulder Injury Moderate (c) Non-permanent injuries such as a frozen shoulder or soft tissue injuries that cause limitation of movement. £7,890 to £12,770
Shoulder Injury (e) Injuries such as a clavicle fracture. The exact compensation for a fracture of the clavicle bone will depend on the severity of fracture, symptoms and level of disability. £5,150 to £12,240
Shoulder Injury Minor (i) Soft tissue injuries with considerable pain but a near-complete recovery that occurs in less than two years. £4,350 to £7,890
Shoulder Injury Minor (ii) Soft tissue injuries with considerable pain but near- complete recovery that occurs within a year. £2,450 to £4,350
Shoulder Injury Minor (iii) Soft tissue injuries with considerable pain but near-complete recovery that occurs within three months. Up to £2,450

Special damages is the head of claim compensating for financial losses caused by your injury. You may receive special damages for costs and losses such as:

  • Care costs – if you need help with cooking or cleaning, or help with childcare.
  • Medical expenses – if you have had to pay for prescriptions or mobility aids.
  • Travel expenses – if you have had to pay for transport to attend a medical appointment.
  • Loss of earnings – if you have lost out on income due to taking time off work to recover from your injuries.

To learn more about shoulder injury compensation payouts or to get an estimate of how much you could receive, please contact an advisor.

The Criteria For Shoulder Injury Compensation Claims

If you are considering claiming compensation for a shoulder injury, you first need to make sure that your case meets the eligibility criteria. To be eligible to claim, you would have to prove that:

  • Someone had a duty of care towards you.
  • They breached that duty of care
  • The breach caused you to suffer a shoulder injury.

Various parties may have a duty of care towards you. This could include:

  • An employer: Employers owe their employees a duty of care under the Health and Safety at Work etc. Act 1974. This means they have to take all reasonably practicable steps to keep you safe while working.
  • An occupier of public premises: Under the Occupiers’ Liability Act 1957, the controller of a public space owes visitors a duty of care. This means that they have to ensure your reasonable safety while visiting. 
  • A road user: All road users owe each other a duty of care to navigate the roads in a way that prevents injury and damage to themselves and others. To fulfil this, they must comply with the Road Traffic Act 1988 and follow the mandatory rules in the Highway Code.

If any of these parties breach their duty of care, and this results in you suffering an injury, you may be able to make a claim for compensation. 

Time Limits In Shoulder Injury Compensation Claims

Let’s look at the time limits that apply to shoulder injury compensation claims.

Under the Limitation Act 1980, you typically have three years from the accident date to launch your claim. There are, however, some exceptions to this. For example, if you are under the age of eighteen when you are injured, the time limit will not start until your eighteenth birthday. Similarly, if you lack the mental capacity to claim for yourself, the time limit is suspended indefinitely. In both cases, a litigation friend can start your claim on your behalf while the time limit is frozen.

If you want to check your shoulder injury claims eligibility to claim for free, an advisor could help you. They could also answer any questions about shoulder injury compensation payouts.

How Could A Shoulder Injury Occur?

There are lots of ways in which a shoulder injury could occur, whether you have a road traffic accident, an accident at work, or an accident in a public place. For example:

  • A shoulder injury at work could be sustained if you are not trained in safe manual handling techniques. This could result in sprains or strains.
  • Shoulder injuries at work could also be caused by faulty equipment. For example, if you get caught in a piece of machinery because the guards are not fitted correctly, this could damage your shoulder.
  • A trip, slip or fall due to unsafe flooring in a public place could injure your shoulder. For example, if you put your arms out to save yourself from falling, this could lead to broken bones or soft tissue injuries.
  • A road traffic accident could result in shoulder damage if you bang your shoulder on the inside of the vehicle due to a collision, for example. If you are a pedestrian, cyclist or other type of vulnerable road user, you could suffer serious shoulder injuries if you are hit by another vehicle too.

If you would like to check your eligibility to make a shoulder injury claim, or you’d like to know more about using a shoulder injury compensation calculator to work out how much you could claim, please contact an advisor.

What Evidence Can Help Me Claim Shoulder Injury Compensation?

Now we have given you an alternative to a shoulder injury compensation calculator, and you

have some idea of the payout you could receive, let us move on to what evidence you will need to prove your shoulder injury compensation claim. If you are eligible to claim, you will need to provide evidence that the accident occurred because of a breach of duty (liability) and evidence of your injuries.

Documents and other evidence that might be useful in this regard could include:

  • Witness statements – if you take details of the witnesses at the time, your solicitor could approach them for a statement later.
  • Medical evidence – this could come from your medical notes, if you sought help after your accident. In addition, you may need to have an independent medical assessment. 
  • Documents showing costs and losses – If you have incurred costs or losses due to your injuries, receipts, bills and payslips could help you support a claim for special damages.
  • Photographic evidence – CCTV footage of the accident as well as photographs of your injuries or the accident site can be used to support your claim.

To learn more about the evidence that could be useful in proving shoulder injury compensation claims, please contact a member of our team.

Claim Shoulder Injury Compensation With A No Win No Fee Solicitor

If you are eligible to make a shoulder injury claim, you may wish to have legal support. A solicitor could assist you with gathering evidence to support your claim, filing your claim within the correct limitation period, and negotiating a fair settlement amount.

Our solicitors have experience with various types of personal injury claims, and may be able to help you with yours. Furthermore, one of them may offer to assist you under a Conditional Fee Agreement (CFA). This is a type of No Win No Fee arrangement. When working with a solicitor under a CFA, you will not have to pay them anything for their services upfront or during the process of your claim. You will also not be required to pay them for the work they have provided should your claim fail.

If your case is successful, your solicitor will take a small percentage of your shoulder injury compensation as a success fee. The percentage that this fee can be is legally limited.

To check your eligibility to make a personal injury claim, and find out if one of our solicitors could help you, don’t hesitate to get in touch with our advisors. To connect with an advisor today, you can:

Useful Links Relating To Shoulder Injury Compensation Claims

At the link below, you will find detailed information published by the National Health Service regarding shoulder pain, its causes, symptoms and treatment.

More Useful Compensation Guides

We hope this guide to shoulder injury compensation claims has been useful for you. Please get in touch with our advisors at Accident Claims if you still have any questions about these kinds of personal injury claims or about making a compensation claim.