A broken shoulder can stop you from driving, working and enjoying time with your family. As such, if you’ve suffered a broken shoulder at work, you might have decided to find out if you can claim compensation for your suffering. In this article, you’ll read about when broken shoulder compensation claims might be possible and how to begin the claims process. You’ll also find out about the types of evidence you could provide to support your case.
If you’re not sure if you can claim compensation for a broken shoulder at work, contact our legal advisors for a no-obligation initial assessment of your claim. As well as providing free legal advice, we could connect you with a specialist accident-at-work solicitor if a claim is feasible. Our No Win, No Fee service means you’ll only have to pay for their work if you are compensated.
For free advice on how to claim compensation for a broken shoulder at work, you can:
- Call us right now on 0333 241 2519.
- Use our 24/7 live chat service to discuss your case online.
You’ll find lots of useful information about broken shoulder claims throughout this article. If you have any queries along the way, please get in touch.
What Types of Broken Shoulders Can We Help With?
A broken shoulder injury is when any of the three bones that make up the shoulder joint are fractured. Common types of broken shoulder injuries we could help with are:
- Clavicle (Collarbone) Fractures: One of the most commonly broken bones in the shoulder area. These breaks usually occur from falls or direct blows to the shoulder.
- Proximal Humerus Fractures: A break near the top of the upper arm bone where it fits into the shoulder socket. These are common in older adults after falls and may affect shoulder movement.
- Scapula (Shoulder Blade) Fractures: Less common due to the protection from surrounding muscles, but can occur due to high-impact trauma such as falls from height.
- Displaced Shoulder Fractures: When the broken pieces of bone move out of their normal position. These often require surgical intervention to realign and stabilise the shoulder.
- Non-displaced Shoulder Fractures: Where the bone cracks or breaks but remains in place. These are generally treated with immobilisation and rest.
- Comminuted Fractures: Involves the bone being shattered into several pieces. These are more severe and may need surgery to reconstruct the joint.
Treatment for a broken shoulder depends on the type and severity of the fracture. In some cases, a sling or brace may be used to immobilise the shoulder while it heals. More serious breaks may require surgical fixation using plates, screws or pins.
Can I Make a Broken Shoulder at Work Claim?
While the Health and Safety at Work etc. Act 1974 (HASAWA) doesn’t specifically outline how to prevent broken shoulder injuries, it places a duty of care on employers to protect the health and safety of their staff.
Some examples of how they can uphold this duty of care include:
- Providing regular health and safety training along with regular refreshers.
- Risk-assessing the workplace and removing hazards where possible.
- Giving staff free personal protective equipment where required.
- Maintaining all workplace equipment properly.
- Providing tools that are fit for purpose and safe to use.
As such, if you’ve broken a shoulder at work because your employer failed to try and protect you, you could be entitled to seek damages for any suffering you’ve endured if:
- You were owed a legal duty of care by your employer at the point of your accident.
- Your accident happened because your employer breached their duty of care to you.
- You sustained a broken shoulder in the accident.
Please contact our legal advisors to find out if you have a claim worth pursuing.
What Types of Negligence Can Lead to a Broken Shoulder at Work Claim?
Here are a few examples of when an accident at work could result in a broken shoulder compensation claim:
- You broke your shoulder when you tripped on an extension cable in an office accident that wasn’t taped down or highlighted with warning signs.
- A forklift truck that was driven by an untrained operator struck you and your shoulder was broken as a result.
- Your shoulder was severely fractured after falling from a cherry picker on a construction site because you’d not been given a safety harness by your employer.
- While working as a police officer in a riot, you suffered a broken shoulder because you had not been trained on how to use a riot shield correctly.
- You suffered a broken shoulder and upper arm damage after poorly erected shelving collapsed on top of you.
Please contact our legal advisors about how you broke your shoulder at work to see if you’re entitled to compensation.
What Should I Do If I Sustain a Broken Shoulder at Work?
If you’re involved in an accident at work and think you’ve broken your shoulder, you should:
- Go to A&E or a minor injuries unit immediately so your shoulder can be properly assessed and treated.
- Inform your employer about the incident as soon as possible.
- Make sure the accident is recorded in your employer’s accident report book.
Although taking these steps won’t guarantee you’ll receive compensation for your broken shoulder, they can help support your case if you decide to make a claim later on.
What Evidence Can Be Used for Broken Shoulder Compensation Claims?
Various types of evidence can make it easier to claim compensation for a broken shoulder at work. For instance, any of the following could strengthen your claim:
- Video footage of the accident as it happened (CCTV, mobile phone, dashcam, etc).
- Medical records from a hospital that explain the type of shoulder fracture sustained.
- Details of anyone else who was present when you were injured (in case witness statements are required).
- An accident report form that confirms the date, location and time of your accident.
- A personal record of events leading up to the accident.
If your claim is taken on, your solicitor may help you to secure any of the above or other types of evidence to prove what went wrong. For instance, they could request a copy of a report from the Health and Safety Executive (HSE) if your accident was investigated.
Start the process of claiming compensation for a broken shoulder with our offer of a free consultation.
Our solicitors, with 30+ years of experience, offer a 100% No Win, No Fee service, giving claimants the means to pursue compensation without the need to pay any upfront fees.
Alternatively, call now on 0333 241 2519 to speak to a specialist solicitor.
How Long Do I Have to Claim Broken Shoulder Compensation?
For most workers who have sustained a broken shoulder at work, a 3-year time limit to start a claim will begin on the date of the accident. However, as the limitation period may run differently depending on the circumstances, we’d recommend contacting a legal advisor for advice based on your specific case.
As solicitors need time to request medical records, book meetings with independent medical experts and collect witness statements, we’d suggest contacting our team as early as possible to try and avoid missing out on any compensation due.
How Much Compensation for a Broken Shoulder at Work?
If you win a broken shoulder claim, you’ll normally receive a compensation payout from your employer’s insurance provider. The level of that award will depend on:
- The extent of your physical and psychological suffering caused by your broken shoulder at work, including any impact on your usual activities and hobbies.
- Any impact your broken shoulder has had on you financially.
Crucially, any compensation you are awarded could cover both current and future suffering.
Solicitors will often refer to the Judicial College Guidelines (JCG) when valuing broken shoulder claims. This document lists different injuries along with compensation ranges based on the severity of the injury.
Our compensation table lists some potential broken shoulder compensation amounts. However, as each claim is unique, the values listed are not guaranteed.
- Compensation for a fracture of the clavicle (collarbone) could range from £6,280 to £14,940.
- A fractured humerus with restricted shoulder movement could see compensation of between £15,580 and £23,430.
- Severe shoulder fractures involving brachial plexus damage can range from £23,430 to £58,610.
Any costs that can be linked to your broken shoulder injury could also be recouped as part of your claim. Examples being:
- Lost earnings, overtime and commission.
- Medical expenses i.e. prescription fees and private treatment costs.
- The cost of adapting your vehicle (or home) to help you cope with any permanent disability caused by your broken shoulder.
- Care and support costs.
- Travel expenses.
- Future loss of earnings if your injury reduces your capacity to earn in the long term.
The best way to prove any financial losses is to provide your solicitor with any relevant receipts, pay slips or bank statements.
Do You Need a Solicitor to Make a Broken Shoulder Claim?
To help you deal with the complexities of claiming workplace accident compensation, you might decide to instruct a solicitor to help you.
As such, some of the services provided by the accident-at-work solicitors on our panel might include:
- Seeking out evidence to help prove your version of events.
- Ensuring that the rules of the pre-action protocol for personal injury claims are followed.
- Preventing you from being contacted by your employer’s insurers by handling all communication.
- Sending you regular case updates.
- Trying to negotiate as high as possible a settlement that covers all of your suffering if the claim is successful.
Additionally, our solicitors use a contract called a Conditional Fee Agreement (CFA) to offer a No Win, No Fee service for all accepted broken shoulder claims.
This means that the only time you’ll pay your solicitor for their work is if compensation for your broken shoulder is awarded.
To see if you’re able to make a No Win, No Fee broken shoulder at work claim, please call now.
Will I Be Sacked for Making a Broken Shoulder Claim Against My Employer?
Employers should not take disciplinary action against you simply because you’ve made a personal injury claim against them. That means you shouldn’t be sacked, demoted, bullied or picked on because of your broken shoulder claim.
The only times you could face disciplinary action is if your own negligence caused the accident or if you filed a dishonest compensation claim.
Contacting Us About a Broken Shoulder at Work Compensation Claim
If you have sustained a shoulder injury at work and believe your employer is to blame, why not get in touch with us by:
- Calling 0333 241 2519 to explain what happened.
- Using our live chat option to ask questions online.
All broken shoulder at work claims that are taken on by our solicitors are managed on a No Win, No Fee basis. That means you only pay for your solicitor’s efforts if your case is successful.
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