In Australia, you can claim a shoulder injury compensation payout when an accident or workplace injury causes financial loss. Our experienced personal injury lawyers provide legal help to make a shoulder injury compensation claim for rotator cuff injuries.
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When you have shoulder injuries, the constant pain and stress are devastating, disrupting your life. Furthermore, working can be impossible, which hurts your financial position.
Thankfully, Splatt Lawyers’ team of shoulder injury lawyers can help. When you have experienced a loss due to a psychological or physical injury, you can be entitled to seek legal damages. A personal injury claim will help you fund your rehabilitation and medical treatment costs to help you get back on track. In this circumstance, you have a legal right to seek compensation for your shoulder injury.
For over 30 years, our experienced personal injury lawyers have helped thousands of Queenslanders with rotator cuff damage access their due entitlements. When you choose Splatt Lawyers for your shoulder injury compensation claim, you can relax knowing that an experienced lawyer is on your side. It’s free to start, and there are no legal costs or fees until we win your case. Call Now – 1800 700 125.
An experienced personal injury lawyer provides legal advice for the claims process.
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I have heard of No Win, No Pay, but what is 100% No Win, No Fee?
You may worry about the cost of hiring a skilled shoulder injury lawyer when you have had rotator cuff damage due to someone else’s negligence. We know the costs associated with protecting your legal rights with effective legal representation may be outside your budget. So, you will be happy to know that when you choose Splatt Lawyers for your shoulder injury compensation payout, you have no financial risk. Our No Win, No Fee, No Risk guarantee means that:
Our experienced compensation lawyers will be pleased to show you our legal cost agreement that outlines our 100% No Win, No Fee policy.
You must know the benefits you are eligible for if someone else’s negligence causes an injury to your shoulder at work, in a car accident, or a public place. 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, the how much compensation you get for a shoulder injury claim will be unique to your circumstances. These are the components that determine what your case is worth.
When you have an approved shoulder injury claim, you can receive compensation for medical bills such as X-rays, MRIs, pain medication prescriptions, apparatus and other medical treatment costs. You can also claim travel and out-of-pocket expenses.
Strict time limits apply to your ability to make a claim. Depending on the nature of your claim (e.g. work injury or personal injury), these can vary from 6 months to 3 years.
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.
Recovery from surgery can take up to 6 months, depending on the tear size, and often requires wearing a sling.
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.
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.
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.
Queensland has strict rules for this type of compensation; if you have any questions, it’s worth checking with one of our claims specialists.
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:
An increase in shoulder injuries at work has resulted in the release of new guidelines to prevent workplace injuries. The investigation estimated that 2 out of 3 incidents of shoulder pain are due to rotator cuff complaints.
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 WorkCover is the workers’ compensation insurer for QLD work related injuries.
Generally, you can make a workers’ compensation claim when you have a shoulder injury at work, on your journey to or from work, or at a work-related activity or event. Claiming workers’ compensation benefits can seem daunting, especially if you are trying to manage your recovery and get your life back on track. However, you can relax a little, knowing that the Queensland WorkCover insurance scheme is a no-fault system, so you don’t need to prove who was responsible for your accident.
At Splatt Lawyers, we have expert work injury lawyers with expertise in handling workplace injury claims who can guide you through this complicated process. We offer a free initial consultation where our WorkCover lawyers will assess your claim and explain your rights and what you can expect throughout the legal process. Call now for immediate legal support – 1800 700 125.
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 road users in our great state must have compulsory CTP insurance coverage. When you have a shoulder injury due to a road or traffic accident, the liable CTP insurance company funds your lump sum payment.
You could have a successful car accident injury claim regardless of how the injury occurred. So contact our experienced personal injury lawyers for advice, even if you were wholly or partly at fault. It costs nothing to know your rights and entitlements.
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 claim.
You may be eligible to file a lawsuit for damages if another person or entity breaches their duty of care and injures you. Effectively, you are suing the negligent party for breaching their duty. 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. Contact our legal team to understand if you have a case. Call Now – 1800 700 125.
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). Check out our TPD Calculator to see what your claim might be worth.
If you haven’t already received medical support or treatment for your rotator cuff or shoulder injury, or your recovery is taking longer than expected, it might be worth seeking the help and support of an injury law specialist who offers rehab funding.
These funds can assist you with treatment and rehabilitation costs when needed. It’s free to seek legal advice, and you pay nothing until we win your claim. Call Now – 1800 700 125.
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There are stringent time limits in Queensland for lodging your injury compensation claim. Your 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 expert legal advice immediately. The steps you take now will impact the outcome of your case.
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. It helps if you have experienced lawyers with substantial expertise in shoulder damage cases – like the team at Splatt Lawyers.
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 guaranteed. Our compensation solicitors will explain how this works when you contact us for your free claim review. You can see more about our fees here >
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.
Your chance of success is higher when you work with an experienced workers’ compensation claim lawyer. Get the help you deserve by choosing Splatt Lawyers’ experts in personal injury law to achieve your desired outcome.
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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