In Australia, you can be eligible to claim a shoulder injury compensation payout when an accident or workplace injury causes financial loss due to negligence. In that case, an experienced personal injury lawyer can advise you on your right to claim shoulder injury compensation for rotator cuff injuries.
Depending on how your shoulder was injured, lawyers and solicitors can provide legal advice regarding your rights, including:
Splatt Lawyers’ legal services are backed by a 100% no-win, no-fee, no-risk guarantee. Pay when you win and zero if you lose. For a free case assessment, call 1800 700 125 or email us
If you have suffered a shoulder injury, you may be unable to work, which hurts your financial position.
When you experience a loss due to a psychological or physical injury caused by the negligence of others, you can be entitled to seek legal damages. A lump sum compensation payment funds rehabilitation and medical treatment costs so that you can work again.
Splatt Lawyers‘ team of shoulder injury lawyers can explain your legal rights.
Our personal injury lawyers assist Queenslanders with rotator cuff injuries in understanding their entitlements. They can explain the shoulder injury compensation claim process and advise you on your eligibility for free. Call 1800 700 125
An experienced personal injury lawyer provides legal advice about the claims process and your rights.
You may worry about the cost of legal advice from a shoulder injury lawyer when you have had rotator cuff damage due to someone else’s negligence, especially if you can’t work.
Splatt Lawyers provides 100% no win, no fee legal services for shoulder injury compensation payouts, which means:
Our compensation lawyers can provide you with a free copy of our legal cost agreement, which outlines our 100% No-Win, No-Fee policy. It’s also free to know your legal position. Call 1800 700 125
When someone else’s negligence causes an injury to your shoulder at work, in a car accident, or in a public place, you may be curious about the average compensation payout value. Generally, the value of your case depends on the nature and extent of your shoulder or rotator cuff damage and its impact on your life.
For this reason, how much compensation you receive for a shoulder injury lump sum payment will be unique to your circumstances. These are the components that determine what a case is worth.
When you have an approved shoulder injury claim, you can receive compensation for medical treatment costs such as X-rays, MRIs, pain medication prescriptions, apparatus, etc.
Being unable to work because of your shoulder injury means losing income and superannuation contributions. So, you can claim compensation for lost wages and superannuation. Depending on the nature of your damage, there’s also a chance that you won’t be able to work in the same capacity or role as before your injury. If so, you can claim compensation for your reduced earning capacity.
Rotator cuff injuries frequently require surgery, often involving re-attaching the tendon to the head of the humerus (upper arm bone). A partial tear, however, may need only a trimming or smoothing procedure called debridement. Stitching the tendon back to its original location on the humerus repairs a rotator cuff tear.
If you are fortunate enough not to require surgery, you will almost certainly need rehabilitation services for your shoulder or rotator cuff injury, which involves physiotherapy, chiropractic treatments, and acupuncture. You may also need ergonomic aids.
You may also receive compensation for your pain, suffering, and any reduced quality of life due to your shoulder injuries.
You could also claim compensation for home care costs such as cleaning, mowing the lawn, driving, DIY, and other jobs around the house. If this is the case, you might be able to request outside assistance from paid contractors or compensation for the extra support from friends and family.
Shoulder injuries have a history of poor healing with an extended recovery period, influencing how much compensation you receive. To understand the impact on settlement value, you must know how your rotator cuff works.
The section of your shoulder most impacted when you have a torn rotator cuff is the shoulder joint, which connects the shoulder socket with the humerus. Shoulder injuries often require arthroscopic shoulder surgery. Consequently, calculating injury damages for a shoulder injury requiring surgery considers the following:
A personal injury law firm can provide a compensation payout estimate.
An increase in shoulder injuries at work has prompted the release of new guidelines aimed at preventing workplace injuries. The investigation estimated that two out of three incidents of shoulder pain are due to complaints related to the rotator cuff.
You can claim workers’ compensation for a work-related rotator cuff or shoulder injury. Under the Queensland workers’ compensation scheme, all employers must have insurance coverage for workplace accidents, and in Queensland, WorkCover is the workers’ compensation insurer for most employers.
Generally, you can make a workers’ compensation claim when you have a shoulder injury at work, or during work-related activity. Fortunately, the Queensland WorkCover insurance scheme is a no-fault system, so you don’t need to prove who was responsible for your accident to receive workers’ compensation benefits.
Additionally, you make a work injury damages claim for employer negligence and receive a lump sum payment. It’s free for Splatt Lawyers to advise you on your entitlements.
Injured workers can receive a lump sum WorkCover payout when they have a shoulder injury at work that results in permanent disability, known as a permanent impairment claim. You can lodge a claim once you have reached maximum medical improvement.
In Queensland, the Injury Scale Value (ISV) determines the value of permanent impairment payouts for shoulder injuries. The scale ranges from 1 to 100, depending on the severity of the injury. At the time of writing, the mid-point general damages for a score of 50 would be $137,500.
There are two types of common shoulder injuries from workplace accidents:
Professions identified as exceptionally high risk for shoulder injuries involve overhead work. These include painters, carpenters, builders, slaughterhouse workers, mine and construction workers, heavy machinery operators, and factory workers. Regardless of your occupation, you could claim workers’ compensation when your job causes you harm.
You can suffer physical and psychological harm on Queensland roads in many ways. You can be injured in motor vehicle accidents as a pedestrian, passenger, or driving a truck, car, or bus. All Queensland road users must have compulsory CTP insurance coverage. When you suffer shoulder injuries due to a negligent traffic accident, the liable CTP insurance company funds your lump sum payment.
You could have a successful car accident injury claim depending on how the injury occurred. An experienced lawyer can explain your rights, regardless of whether you were wholly or partly at fault.
You can make a slip and fall shoulder injury claim when you have an accident at work or in a public space like a car park, shopping centre, footpath, on private property or any other venue.
Falling on your rotator cuff can result in a mild or severe shoulder injury, for which you can claim a compensation payout. When successful, the public liability insurance company of the venue owner or manager is liable to fund your lump sum payout.
You may be eligible to file a damages lawsuit if another person or entity breaches their duty of care and injures you. Effectively, you are suing the negligent party for negligence. In this circumstance, an insurance company funds your compensation payment. Depending on where and how you acquired your injury, an insurer is usually liable to fund shoulder injury compensation payouts.
Common law claim settlements are frequently more significant than other types of compensation. Your injury must have stabilised before legal action can commence.
Sometimes, you may be involved in an accident with more severe and permanent consequences due to bad luck or a combination of factors outside your control. You could be diagnosed as having a total and permanent disability and no longer able to work in your regular job.
In this situation, you may be eligible to make a TPD claim through your superannuation fund and be entitled to receive a lump-sum payment. TPD payouts can be sizeable and taxed at a reduced rate (depending on age). A TPD Calculator can explain what your claim might be worth.
If you haven’t received medical support or treatment for your rotator cuff or shoulder injury, or your recovery is taking longer than expected, you can seek advice from a personal injury law firm that offers rehab funding support.
These funds can assist you with treatment and rehabilitation costs.
At Splatt Lawyers, seeking legal advice is free, and thanks to our 100% no-win, no-fee policy, you pay nothing until you win. Call 1800 700 125
Splatt Lawyers provides legal insights for shoulder injury compensation from ten locations QLD-wide.
There are stringent time limits in Queensland for lodging a injury compensation claim. The time constraint depends on the type of claim you are making and the circumstances of your accident.
If you believe you have a case, seek legal advice to confirm the time limit for your matter.
Every legal case is unique. The time it takes to achieve an outcome will depend on the following:
Simple cases can be resolved in 12 months, and more challenging issues can take several years. However, complex claims often result in larger settlements.
Splatt Lawyers is a 100% No Win, No Fee law firm with capped legal fees. Our No Pay policy means you pay our costs and fees when you win your claim, and nothing if you lose. This is our No Win, No Fee, No Risk guarantee.
Our compensation solicitors will explain how this works when you contact us for your free claim review.
You can represent yourself in any action seeking legal damages for a physical injury. However, the Queensland compensation law environment is complicated, and it is challenging to negotiate a settlement with large insurance companies. Even more so when you suffer shoulder injuries. That’s when experienced legal advice can assist.
Tendons and ligaments do not have a sufficient blood supply, particularly in the rotator cuff region. Hence, this part of your body requires longer healing times.
Because of these healing complications, your shoulder can experience progressive deterioration over time. So, it is common for people with a rotator cuff tear to experience secondary symptoms like a “frozen shoulder,” limited range of motion, and decreased movement.
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