Have you suffered a shoulder dislocation injury due to a third party’s negligence? This article will explore the examples of shoulder accidents that could lead to a claim. We will also explain how much compensation you may be eligible to receive as well as the advantages of pursuing a No Win No Fee agreement.
Shoulder dislocations can be painful as well as uncomfortable. They can affect your ability to do physical activity in addition to basic tasks like cooking, cleaning and writing. The inability to do what you’re used to may also negatively affect your mental and emotional health, impacting your ability to be around other people and even continue working.
If you have any questions about your shoulder dislocation accident, then contact our advisors. They are available around the clock to help determine whether your claim is valid and they may connect you to our panel of No Win No Fee solicitors. Get in touch today by:
Choose A Section
- What Is A Shoulder Dislocation?
- Examples Of Shoulder Injury Accidents
- How Long Does A Dislocated Shoulder Take To Heal?
- Estimating Compensation For A Shoulder Dislocation
- Am I Eligible To Get A No Win No Fee Agreement?
- Extra Advice About Shoulder Dislocation Claims
The NHS defines a dislocated shoulder as the upper arm popping out of the shoulder socket. It is known to be one of the easier joints to dislocate and it can be a very painful and debilitating injury.
A shoulder can dislocate from a single heavy fall, or impact, or when struck by a moving object and it can occur in many situations from workplaces to public places to on the road. To make a personal injury claim, however, your injury has to be inflicted due to another party’s negligence whether that would be an employer, another road user or the occupier (the controller) of a public space.
To understand whether negligence has taken place, legislation has been created and implemented to show what responsible steps an organisation, or individual, can take to ensure that they are providing a reasonably safe environment. This legislation can include:
- The Health and Safety at Work etc. Act 1974 (HASAWA)
- Occupiers’ Liability Act 1957
- Road Trafic Act 1988
Read on for how a party’s negligence can lead to a shoulder dislocation, and how you may be eligible to make a personal injury claim.
Statistics For Shoulder Dislocations
The following statistics apply to workplace shoulder incidents only. According to the Health and Safety Executive (HSE), employers reported under The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) 51,211 non-fatal injuries. Out of the total injuries, 18,988 happened to upper limb locations and overall there were 937 documented cases of dislocation.
There are many scenarios that can cause dislocated shoulders; however, eligibility to claim can only happen when a party is negligent in their duty of care. A duty of care refers to the sensible steps taken to ensure that an adequately safe environment is created and maintained, and negligence, or a failure to enact these steps, could result in your direct injury.
At the workplace, an employer is responsible to take reasonable steps to make sure the working environment is relatively safe. The HASAWA legislation outlines health and safety regulations in the workplace, such as:
- General housekeeping – For example, walkways should be cleared of obstructions and spills to prevent the occurrence of slip, trip and fall accidents.
- Risk assessments – An area should be assessed for the risk it poses to health.
- Removal or reduction of hazards – If there is a hazard, reasonable measures should be taken to remove or reduce it.
On the road
On the road, the Road Traffic Act 1988 and The Highway Code establish safety rules and regulations to ensure the protection of road users’ safety. There are many people who use the road via operating vehicles like cars and vans, to public transport i.e. buses and even pedestrians. Each one has their own duty of care to another on the road, which is to act in a way that ensures the reasonable safety of other individuals.
Failure to comply with legislation could lead to road traffic accidents that cause shoulder injuries, such as:
- Rear-end collisions
- T-bone collisions
- Single-vehicle collisions
An accident in a public place is subject to the Occupiers’ Liability Act 1957, which states that the occupier is in charge of putting in place the steps to ensure health and safety standards. When attending a public place, the occupier, otherwise known as the manager, of the public place has a duty of care to ensure that visitors stay safe. They can do this by:
- Minimising present risks
- Preparing for children who tend to be less cautious than adults
- Accounting for visitors to safeguard themselves against present risks
- Signposting warnings beforehand. However, it is important to note this does not make the occupier exempt from liability unless the warning was enough to make sure visitors are reasonably safe.
If the occupier does not take the responsible steps to ensure the space is reasonably safe, there could be hazards, including:
- Uneven walking surfaces
- Improperly maintained stairs
For more information on a party’s duty of care and negligence, contact our advisors today. They can provide free and relevant guidance on how they could help in your shoulder dislocation claim.
The NHS states that a full recovery from dislocation can take up to 16 weeks. Our advisors encourage that whilst your shoulder is healing, it would be best to gather evidence to support your claim. Hiring one of our No Win No Fee solicitors can help guide this process by collecting some evidence on your behalf, such as:
- Medical records – It is best to ensure your well-being first and get the medical attention you need. Any document created by a medical professional can also help to support your claim.
- CCTV footage – You can request CCTV footage from the employer or occupier as well as collect recordings from colleagues or bystanders. In a road traffic accident, you can use dashcam footage too.
- Pictures – Take photographic evidence of your injury and the accident site, including any hazards involved in the incident such as a spill in a walkway or another vehicle on the road.
- Witness contact details – Collect witness details so a professional can take statements at a later time.
If you dislocated your shoulder in a working environment, you can also complete the accident at work book. An employer must legally provide an accident at work book if they have 10 or more employees. Filling the book out creates a timely record of the incident and can be completed on your behalf if you are incapacitated.
For more information on recovery periods and helpful evidence, contact our advisor today for free and relevant legal advice.
As part of your shoulder dislocation claim, you may be eligible to receive compensation for both general and special damages. The two heads of compensation cover different aspects affected by your shoulder injury.
The Judicial College Guidelines (JCG) is a publication that outlines the possible compensation brackets for general damages, which covers the harm suffered due to your injury. The following compensation table shows possible figures for injuries:
Injury Compensation Notes
Severe other arm injuries (a) £96,160 to £130,930 The injuries fall short of amputation, however, are extremely severe and leave the person with an arm that has lost near all function, such as, in the case of a brachial plexus injury.
Severe shoulder injuries (a) £19,200 to £48,030 Where the injury is often related to a neck injury and involves brachial plexus damage causing considerable disability. In cases where the injury is really serious, it can also cause further significant neck and arm symptoms.
Serious shoulder injuries (b) £12,770 to £19,200 Shoulder dislocation and damage to the lower part of the brachial plexus causing shoulder and neck pain, elbow aches, sensory problems in the forearm, grip weakness and/or a fractured humerus that causes movement restrictions. There may be a rotor cuff injury with continuing symptoms post-surgery or cases of soft tissue injury with permanent intrusive symptoms.
Moderate shoulder injury (c) £7,890 to £12,770 Where the person suffers from a frozen shoulder and movement limitations with discomfort continuing for around two years. Soft tissue injuries with more than minimal symptoms continue, temporarily, after two years.
Minor shoulder injury (d) (i) £4,350 to £7,890 The soft tissue is injured around the shoulder with significant pain, but near full recovery in less than two years.
Minor shoulder injury (d) (ii) £2,450 to £4,350 The same injury as the above bracket but recovery transpires within a year.
Minor shoulder injury (d) (iii) Up to £2,450 Same factors as above with recovery within a three month period.
Minor neck injury (c) (i) £4,350 to £7,890 Where factors such as the severity of neck injury, pain intensity, ongoing symptoms, additional symptoms in the back or shoulder, impact on everyday life and work, treatment required and medication needed. The injury will be recovered in a period of about one to two years.
Less severe other arm injury (c) £19,200 to £39,170 Where there is a considerable disability, a significant recovery has taken place or will take place.
Minor elbow injury (c) Up to £12,590 This category covers most elbow injuries comprising simple fractures, tennis elbow and lacerations. For example, temporary injuries that have no lasting effect on functionality.
The figures from the compensation table above are taken from the 16th edition of the JCG, which was updated in April 2022.
Moreover, you may receive compensation for special damages. We encourage you to keep hold of receipts and other expenditures that have accrued over your injury period, such as:
- Loss of income and future earnings
- Sought out medical experiments outside the NHS
- Child care costs
- Property adaptations
Contact our advisors today for more information on what compensation you may be eligible to receive for your shoulder dislocation injury claim.
You can contact our advisors today to understand whether you have grounds for a claim and you may be passed on to our panel of No Win No Fee solicitors.
Our panel of solicitors operate under a Conditional Fee Agreement (CFA), which comes with many upsides. A CFA solicitor is financially useful as you do not pay hiring costs nor their legal costs if your claim does not succeed.
The only time a solicitor will take payment is via a success fee. The fee is a small, legally-capped percentage taken from your compensation to cover their legal costs.
We Can Answer Your Shoulder Dislocation Claim Questions
If you would like to pursue a claim with our panel of No Win No Fee solicitors, then get in touch with our advisors today by:
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Contact our advisors today for more information on shoulder dislocation claims.
Publisher Ruth Vincent
Writer Jack Eider