Dislocated Shoulder at Work – A Guide to Claiming Compensation

Dislocating your shoulder can be a particularly painful injury that can affect your ability to drive, work and carry out your usual activities. As such, if you’ve suffered a dislocated shoulder at work as a result of your employer’s negligence, you’d be well within your rights to think about starting a personal injury claim. In this guide, you’ll read when you might have grounds to claim compensation for a dislocated shoulder at work and what evidence you might use to build as strong a case as possible.

If you are thinking of making a dislocated shoulder claim, we’re ready to help. We’ll explain your options, answer your questions and offer free legal advice if you call us for a free initial assessment. There’s no obligation to start a claim but if your case is suitable, we could connect you with one of our solicitors. Crucially, they’ll process your claim on a No Win, No Fee basis should you both agree to proceed with legal action.

To discuss your case with a specialist, you can:

• Call our legal team on 0333 241 2519.
• Use our free live chat service – available 24 hours a day.

Please continue reading for more advice on dislocated shoulder compensation claims or give us a call if you’d like to discuss your options.

Types of Dislocated Shoulder Injuries at Work We Can Help With

A shoulder dislocation happens when the upper arm bone (humerus) is forced out of its socket in the shoulder blade. This type of injury can occur during a fall, collision, or any forceful movement involving the arm. Some examples of different types of dislocated shoulder injuries at work we can help with include:

• Anterior Dislocation: The most common type, where the upper arm bone is pushed forward out of the socket.
• Posterior Dislocation: Less common and usually the result of significant trauma, electric shock, or seizure.
• Inferior Dislocation (Luxatio Erecta): Rare but serious. The arm is typically forced upwards above the head, dislocating the shoulder downward.
• Subluxation (Partial Dislocation): The shoulder joint partially comes out of place and then goes back in which can lead to ongoing instability if left untreated.
• Symptoms of a dislocated shoulder include intense pain, swelling, and visible deformity. You may be unable to move the shoulder and could feel the joint “popping out.” Numbness, tingling, or weakness in the arm can also occur, especially if nerves are affected.

Can I Make a Dislocated Shoulder at Work Claim?

If you are to be compensated for a dislocated shoulder at work, you’ll need to show that:

• Your employer owed you a duty of care at the time your accident happened.
• The accident occurred because your employer was negligent.
• Your shoulder was dislocated during the accident.

It’s generally quite straightforward to prove an employer owed a duty of care because of the Health and Safety at Work Act 1974. This piece of legislation means that reasonable steps must be taken to try and keep you safe (training, being given PPE, regular risk assessments etc).

What Types of Negligence at Work Can Lead to Dislocated Shoulder Claims?

Some examples of how a dislocated shoulder injury can occur at work due to a negligent employer include:

• If your shoulder was dislocated after falling from a height because your employer failed to provide a suitable harness or fall protection on a scaffolding job.
• You slipped on an unmarked wet floor in an office corridor and landed awkwardly, dislocating your shoulder.
• If you were assaulted by a customer while working alone in a shop at night and suffered a dislocated shoulder due to lack of security measures.
• Where your shoulder was dislocated when a heavy box fell from an overloaded shelf because your employer failed to implement proper stacking procedures.
• If you fell off a faulty step ladder while changing a lightbulb and dislocated your shoulder, and your employer had ignored previous reports that the ladder was unstable.
• Where you were struck by a reversing delivery van in a warehouse with no clear pedestrian markings or warning signs, causing a shoulder dislocation on impact.

Please feel free to contact our legal advisors if you believe you’re entitled to compensation for a dislocated shoulder at work.

What Should I Do If I’ve Sustained a Dislocated Shoulder in the Workplace?

If you are involved in an accident at work that leads to a dislocated shoulder, you should:

• Visit A&E for proper diagnosis and treatment rather than relying on first aid.
• Tell your supervisor about how the accident occurred as soon as you can.
• Ensure that the incident is logged in an accident report book.

Taking these steps could help you to ensure that you fulfil your own health and safety responsibilities as they could allow your employer to make changes that prevent similar incidents in the future.

Furthermore, these steps might provide you with some of the evidence you’ll need to prove your case. We explain this in more detail in the next section of this guide.

What Evidence Can Be Used for a Dislocated Shoulder Injury Claim?

The types of evidence that could make it easier to win compensation for a dislocated shoulder at work include:

• Photographs of the accident scene (including the cause) along with any CCTV footage that’s available.
• Copies of X-rays and hospital records to help prove your diagnosis.
• Details of any potential witnesses who saw the incident unfold.
• Your copy of the accident report form to prove where and when you were injured.
• Records of any expenses incurred as a result of your dislocated shoulder.

During our free initial consultation, we’ll review any evidence you have already collected. Therefore, please have it ready when calling to discuss a dislocated shoulder at work claim.

How Long Do I Have to Claim Dislocated Shoulder Compensation?

The law on personal injury claim time limits (the Limitation Act 1980) gives you 3 years to begin a claim following an accident at work. This will typically begin from the date that you dislocated your shoulder.

Crucially, claims made outside of the time limit can become statute-barred. This means your employer’s insurer could refuse to settle your claim and pay any compensation that you might be entitled to.

As such, please give us a call at your earliest opportunity to discuss whether you have enough time to begin a dislocated shoulder injury claim with one of our solicitors.

How Much Compensation for a Dislocated Shoulder at Work?

The level of compensation paid for dislocated shoulder injury claims is calculated largely on the amount of suffering you’ve endured. Therefore, it’s not possible to say exactly how much compensation you could be offered at this stage.

In general, shoulder dislocation settlements are based on general and special damages.

General damages is compensation paid for the pain and suffering your dislocated shoulder has caused. The value of your claim will be based on medical records and independent medical reports about your suffering. Once this is understood, your solicitor may refer to the Judicial College Guidelines which list settlement brackets for a variety of arm and shoulder injuries (amongst others).

Special damages might also form part of any settlement you receive if your dislocated shoulder has left you out of pocket. For instance, you could be compensated for:

• The cost of physiotherapy and prescription medication.
• Care at home if needed.
• Loss of income.
• Home adaptations to improve your quality of life if you suffer a permanent shoulder disability.
• Travel costs.
• Future loss of earnings if your shoulder injury reduces your ability to work.

Any costs that are claimed must be proven. As such, it’s a good idea to make sure you keep hold of any receipts, wage slips or bank statements that prove your losses.

Could I Be Sacked If Claim Compensation For A Dislocated Shoulder?

Fortunately, laws are in place that protect you from facing any type of action if you make an accident at work claim. As such, you cannot be fired, demoted, picked on, bullied or singled out in any way after making an honest claim.

Therefore you should feel free to start a claim without facing persecution from your employers for doing so. If you do face any such action, you may also be able to claim for unfair or constructive dismissal.

Can I Claim Dislocated Shoulder Compensation If I’m Self-Employed?

Earlier, we explained that employers have a duty of care with regard to workplace health and safety. That duty is extended to all workers, not just full-time employees.

Therefore, one of our solicitors could help you to claim for a dislocated shoulder even if you are a contractor, agency worker, zero-hours staff, self-employed or consultant.

As long as employer negligence caused you to dislocate your shoulder at work, you could be entitled to start a claim. Please get in touch for more information.

Do I Need a Work Injury Solicitor to Make a Dislocated Shoulder Claim?

Your employer’s insurance provider may try to contest your shoulder dislocation claim to reduce how much compensation (if any) they’ll have to pay.

For this reason, you may want to take on legal representation from one of our team of solicitors. If your case is accepted, your solicitor will fight your corner, deal with all negotiations and keep you updated as your claim is processed. As well as making dislocated shoulder at work claims easier, hiring a solicitor could mean you’ll receive more compensation than an insurance company would offer otherwise.

What’s more, our solicitors provide No Win, No Fee injury claims service for any cases they accept.

This means you won’t pay them for their work unless you receive a compensation payout.

To see if you could make a No Win, No Fee claim, why not call one of our specialist advisors now?

How Long Do Dislocated Shoulder Claims Take?

If you suffered a minor shoulder dislocation that healed quickly, you could receive compensation within 4 to 6 months of starting your claim so long as your employer accepted that they were to blame.

If you’ve suffered a more serious injury with permanent nerve damage, for instance, your claim could take up to a year or even longer in some cases. The extra time might be needed to help get a proper understanding of the impact your injury is going to have on your life moving forward.

Interim payments can sometimes be secured during longer-term cases to help you financially before the claim is settled.

Contacting Us About a Dislocated Shoulder Compensation Claim

If you’re ready to claim compensation after dislocating your shoulder at work, why not get in touch? You can:

• Call our legal team on 0333 241 2519 to discuss your case with a specialist.
• Ask questions via our 24/7 live chat service.

There’s no obligation to start a claim following your initial assessment. However, all dislocated shoulder at work claims are processed on a No Win, No Fee basis if accepted by one of our specialist solicitors.