Rotator Cuff Injury at Work – A Guide to Claiming Compensation

A rotator cuff injury can cause all sorts of problems in your everyday life. It could prevent you from driving, working, playing sports and carrying out your family duties. If you’ve suffered a rotator cuff injury at work, you might be entitled to seek compensation for your suffering. This guide about claiming compensation for a rotator cuff injury at work will explore when and how you could make such a claim.

We’re here to help if you’d like to start a rotator cuff injury claim. To start, you can ask for a free initial consultation with one of our legal advisors. They’ll guide you through the claims process, assess the merits of your case and offer legal advice about your next steps. If the claim appears to be feasible, you could be connected with an accident-at-work solicitor. Should your claim proceed, they’ll work for you on a No Win, No Fee basis.

Why not contact us now and let us assess your chances of claiming compensation for a work-related rotator cuff injury? To do so, you can:

• Call 0333 241 2519 to connect with an advisor.
• Use our online chat service at any time night or day.

There’s lots more information about work-related rotator cuff injury claims throughout this guide but please feel free to get in touch with any further questions.

Types of Rotator Cuff Injuries at Work We Can Help With

If you visit a doctor with shoulder pain, they may diagnose a rotator cuff injury. Four muscles in the shoulder form the structure of the rotator cuff. They are the supraspinatus, infraspinatus, subscapularis and teres minor muscles. The muscles of the rotator cuff work together to enable your arm to be moved and rotated freely. Tendons work alongside the muscles to make the shoulder joint stronger.

A rotator cuff injury may occur at work as a result of heavy lifting over prolonged periods, repetitive overhead activities or following an accident such as a trip, slip or fall.

Some common rotator cuff injuries at work we can help with where negligence was the cause include:

• Tendonitis of the Rotator Cuff: Where the tendons in the shoulder joint become inflamed.
• Rotator Cuff Strains: Where muscles in the rotator cuff are torn (partial or complete).
• Bursitis: Where a fluid-filled sac (the bursa) that sits between the shoulder and rotator cuff tendons is inflamed.
• Repetitive Strain Injuries (RSIs): Where tendons in the rotator cuff are strained or torn.
• Impingement: This can occur if a tendon in the shoulder is caught between a bone and the shoulder blade.

If you’ve suffered any type of rotator cuff injury at work and believe your employer has caused your suffering, call our legal advisors now to find out if you could start a personal injury claim.

Can I Claim Compensation for a Rotator Cuff Injury at Work?

It may be possible to claim compensation for a work-related rotator cuff injury if you can demonstrate that:

• Your employer had a legal responsibility towards your welfare at work; and
• That duty was not upheld because your employer was negligent; and
• Directly because of that negligence, you have been diagnosed with a rotator cuff injury in the last three years.

Generally speaking, you won’t need to work too hard to prove that your employer had a legal responsibility for your welfare at the time you were injured. That’s because, whilst you are working, your employer must follow the rules of the Health and Safety at Work etc. Act 1974. This means that they are legally obliged to take reasonable steps to prevent you from being injured at work.

What Types of Negligence Can Lead to a Rotator Cuff Injury at Work Claim?

We have listed a few scenarios where employer negligence could result in a rotator cuff injury and, subsequently, a personal injury claim:

• If a lack of manual handling training has caused you to develop a rotator cuff injury while moving awkward loads above head height for prolonged periods.
• After the cherry picker you were working on was hit by another vehicle, you fell and dislocated your shoulder which led to a rotator cuff injury. The accident would’ve been avoided if your employer had supplied you with a safety harness.
• You slipped on a wet floor at work because it had been cleaned but no warning signs were used to highlight the slippery surface. In your fall, muscles in your shoulder were torn.
• If your workstation setup did not adhere to ergonomic guidelines, forcing you to maintain a posture that puts strain on your shoulders, and you developed a rotator cuff injury as a result.
• If you had previously reported an issue with safety equipment, such as a faulty ladder that wobbles or shakes, and no action was taken to remedy the issue. A fall from a ladder at work could easily result in a rotator cuff injury if you tried to catch yourself or brace against the fall.
• You were told to use equipment that vibrates excessively, and your employer did not provide vibration-dampening gloves or other protective gear. Over time, it led to a rotator cuff injury due to the continuous stress and vibration affecting your shoulder.

These are just some examples of how your employer’s negligence could result in you sustaining a rotator cuff injury at work. If you’d like us to assess whether you could be paid compensation for a rotator cuff injury, please contact our legal advisors.

What Should I Do If I’m Experiencing Rotator Cuff Pain in the Workplace?

Like your employer, you have a duty of care when it comes to your health and safety at work. Therefore, if you’re worried about suffering rotator cuff pain at work, you should:

• Let your employer know about why you’re worried and any changes to your working practices you think might help.
• Visit your GP for an expert diagnosis.
• Tell your employer about your doctor’s recommendations.
• If you’ve had a workplace accident, ensure that the incident is logged and request a copy of the accident report form.

These measures may enable your employer to reduce the risk of suffering further damage to your rotator cuff. They will also arm you with some of the evidence needed to support any subsequent compensation claim against your employer.

What Evidence Can Be Used for Rotator Cuff Injury Claims?

It’s always a good idea to collect evidence if you’re injured at work. The types of evidence that might improve your chances of winning a rotator cuff injury claim include:

• Photographs that show the aftermath of an accident which caused your injuries. Try to capture the root cause of the accident if possible.
• Medical evidence from your GP to prove your diagnosis. Scans and X-rays can be collected where available.
• Details of anyone who is a potential witness to your accident.
• Copies of correspondence between you and your employer about your working conditions.
• Video footage of the accident.
• A copy of your accident report form. This will help to prove the date, time and location of your accident.

You don’t need all of the evidence we’ve listed to talk over your options with us. Simply, call our advisors, explain what happened and they’ll make an assessment of whether you have grounds to sue your employer.

How Long Do I Have to Claim Rotator Cuff Injury at Work Compensation?

In UK law, personal injury claims are usually time-limited. According to the Limitation Act 1980, the claim should generally begin within 3 years of:

• The date on which your accident at work occurred; or
• The date your rotator cuff injury was diagnosed by a doctor (your date of knowledge).

However, you should get legal advice based on your circumstances. For instance, if you developed an RSI injury at work there may be specific nuances and exceptions to these rules.

We would suggest that if you want to claim compensation for a rotator cuff injury at work, you should start the claims process at your earliest opportunity.

How Much Compensation is a Rotator Cuff Injury Worth?

A rotator cuff injury at work which causes ongoing symptoms even after surgery could be worth anywhere from £12,770 – £19,200 in compensation. However, the overall settlement may be formed of two different heads of loss, general and special damages.

General damages cover any emotional or physical suffering caused by your rotator cuff injury. They also cover any impact (loss of amenity) your injuries have on your hobbies and your social and family life. To help establish the value of your suffering, your medical records and an independent medical report will be used.

Special damages may also need to be included in your settlement if you’ve lost out financially because of a rotator cuff injury. They could cover:

• Medical expenses such as the cost of physiotherapy.
• Travel expenses linked to hospital appointments.
• Care and support costs.
• The cost of adapting your vehicle or home if you have sustained a permanent disability.
• Lost income (including future losses where needed).

If you decide to employ the services of an accident-at-work solicitor, they should ensure that all aspects of your suffering are covered before accepting any compensation offers from your employer.

Will I Be Fired If I Sue My Employer for a Rotator Cuff Injury?

Legally, so long as you file the claim for a genuine injury, you cannot face any type of disciplinary action because you decided to take legal action against your employer.

That means your rotator cuff compensation claim won’t lead to you being dismissed, bullied, demoted, singled out or harassed by your employer.

If you do face any detrimental actions as a result of your claim, you might wish to speak to us about starting a separate unfair or constructive dismissal claim.

Do You Need a Solicitor for Rotator Cuff Injury Claims?

You are free to manage any type of personal injury claim on your own if you choose to do so. But, in our experience, work injury claims are often complex and can involve technical legal or medical questions. Additionally, your employer’s insurers may avoid paying compensation altogether or manage to reduce your settlement if you don’t present as strong a case as possible.

Using one of our specialist solicitors should make your claim more straightforward and could result in you receiving more compensation than you’d otherwise be offered.

Crucially, any rotator cuff injury claim that’s taken on will be managed on a No Win, No Fee basis. This means that before any work is carried out, you’ll need to sign a Conditional Fee Agreement (CFA).

Once signed, you’ll know that you won’t pay your solicitor upfront for their work and you won’t pay them if they lose your case.

If your rotator cuff injury claim is won, you’ll have a success fee deducted from your compensation. In line with the Conditional Fee Agreements Order 2013, the maximum success fee you’ll pay is 25 per cent of your settlement.

Will I Have to Go to Court?

While a court hearing can be required to settle rotator cuff injury claims that cannot be resolved amicably, they are not that common in our experience.

Generally, solicitors will only look to go to court if they believe that a) the claim is strong enough and b) the employer won’t admit liability or has made an insufficient settlement offer.

In most cases, both parties will want to settle work-related injury claims without going to court.

Contacting Us About a Rotator Cuff Injury Compensation Claim

If you’re ready to talk to us about your rotator cuff compensation claim, you can:

• Call our legal advisors on 0333 241 2519 now.
• Connect to our free live chat service 24 hours a day.

Our initial advice is free and there’s no obligation or pressure to sue your employer. However, all accepted rotator cuff injury at work claims are processed on a No Win, No Fee basis for your peace of mind.