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Can I Claim Compensation From My Employer for Shoulder Injury?

You can sustain a shoulder injury at work in a multitude of ways which could leave you unable to work whether for several days, weeks or even months. Your shoulder injury may be so severe that it prevents you from working ever again causing financial hardship, pain and suffering. If you were in an accident at work that left you with a shoulder injury and the incident happened in the last 3 years, you may be entitled to claim compensation from your employer, providing it can be proved they were liable for your injuries due to negligence.

Employee Injury At Work Advice

Common Workplace Shoulder Injuries You Could Sustain

There are several types of workplace shoulder injuries that you could sustain in an accident at work which includes the following:

  • A damaged rotator cuff
  • A fractured bone in your shoulder that could result in a frozen shoulder
  • A dislocated shoulder
  • Torn ligaments

If you suffered any sort of shoulder injury at work through no fault of your own, you should seek legal advice on whether you would be entitled to file for compensation against your employer. You may find that your employer could be held liable for your injury whether it is due to their negligence or the fact they failed to keep the workplace a safe environment for employees to work in.

What Are the Most Common Causes of Shoulder Injuries at Work?

You can damage your shoulder in various ways in the workplace with the most common causes being listed below:

  • A slip, trip and fall
  • Lifting items
  • Moving items
  • Falling from a height
  • Insufficient manual handling training
  • Slipping on wet floors and surfaces in the workplace
  • Incorrect posture when sitting at a work desk
  • An item falling from a height onto the shoulder

If you suffered a shoulder injury in an accident at work, you should seek legal advice on whether you have a strong case against a negligent employer and you should do so sooner rather than later to avoid missing the strict 3 year deadline for filing work-related personal injury claims.

How is a Shoulder Injury Assessed?

When it comes to assessing the severity of a shoulder injury, this can often prove challenging. The reason being that even minor damage to any part of your shoulder can result in long-term pain whether your rotator cuff is damaged or whether it is the ligaments and tendons that are negatively impacted. The symptoms associated with a shoulder injury can vary from a slight numbness in an affected area to a total loss of movement and tremendous pain. As such, it is crucial for any sort of shoulder injury to be correctly diagnosed and treated by a doctor as soon after the damage has occurred as possible.

What You Should Do Following a Shoulder Injury at Work?

You should always follow the accident at work procedure that is set out by an employer which should involve seeking first aid from the designated person as soon as you sustain a shoulder injury. Following this, you should seek medical attention and then make sure the following is carried out:

  • That the accident and your injuries are reported to the person in charge
  • That the incident and the shoulder injury you sustained are recorded in the accident report book. If there is no book, make sure you write down all the details of the accident and your injuries and send the report to your employer keeping a copy for your own records. If you are unable to because your injuries are so severe, make sure a work colleague does this for you
  • Make sure the incident is reported to the necessary authorities if it is an “reportable accident”
  • Take photos of where the accident occurred
  • Take photos of your shoulder injury before you receive any treatment
  • Get witness statements and their contact details
  • Get an official medical report that provides a detailed account of the extent of the injuries to your shoulder

All of the above provides solid evidence that you sustained your shoulder injury in the workplace and would be needed should you decide to seek compensation for the pain, suffering and expenses you incurred as a direct result of your injuries.

What Level of Compensation Could I Receive in a Shoulder Injury Claim?

When it comes to the level of compensation you may be awarded in a successful shoulder injury claim, it would depend on the severity of your injury and the complexity of your case. It is worth noting that all shoulder injury at work claims are treated as unique and as such, the amount you would be awarded either by a court or by your employer’s insurers should they decide to settle out of court and not dispute your claim, would be calculated on the pain, suffering and out of pocket expenses you incurred together with any loss of earnings, future earnings and the treatment and care you would need to make a full recovery. The amount you would receive would also factor in whether your injuries are life-changing.

What are My Workers Rights After Suffering a Shoulder Injury at Work?

Should you be in an accident at work that leaves you with a shoulder injury, you have certain rights which are detailed below:

  • That you are not prevented from seeking compensation for the out-of-pocket expenses, pain and suffering you had to cope with
  • That your job is safe even if you seek compensation from an employer

If your employer makes your life difficult because you choose to file a shoulder injury claim against them, you should seek legal advice on how best to proceed.

Employee Injury At Work Advice

Should I Sue My Employer for a Shoulder Injury?

A work-related shoulder injury can leave you incapacitated for days, weeks or even months. The damage you sustain to your shoulder could be so serious that it prevents you from carrying out job and other activities you enjoyed before you suffered a workplace injury ever again. As such, seeking compensation could alleviate any financial burdens you may have to cope with even though the accident at work that left you injured occurred through no fault of your own.

Your employer is legally required to have liability insurance in place and as such, seeking compensation for the out of pocket expenses, pain and suffering you had to cope with would be negotiated by your employer’s insurers and the amount you are awarded in a successful shoulder injury claim would be settled by the insurers and not your employer. It is also worth noting that the majority of accident at work claims are settled before they are heard by a judge with many insurance companies preferring to negotiate a settlement before the case goes to court.

Is There a Time Limit to Filing a Shoulder Injury Claim?

As with all personal injury claims, there is a strict 3 year time limit associated with work-related shoulder injury claims. The time limit starts as follows:

  • From the time you sustained your shoulder injury
  • From the time you were officially diagnosed as suffering from a work-related shoulder injury
  • If you sustained your shoulder injury when you were under the age of 18, the time limit begins from the date of your 18th birthday

It is best to start a shoulder injury claim against an employer as soon as possible because if you wait too long, you could miss out on seeking compensation even if you can prove your employer was negligent in their duty to keep you safe at work which resulted in you sustaining a shoulder injury.

Are There Any Benefits to Working With a Solicitor on a Shoulder Injury Claim?

There are many benefits to working with a solicitor who is an expert in accident at work claims. Not only could it take a lot of pressure and stress off your shoulders, but it could also speed up what is often a complicated, long drawn out legal process. A solicitor has access to legal libraries which is essential when it comes to finding precedents involving shoulder injury claims against employers who failed in their duty to keep employees safe at work. A solicitor would communicate directly with your employer’s insurers and this alone can speed things along considerably.

An accident at work solicitor would also ensure you receive the level of compensation that suits your injuries and the pain and suffering you had to endure. They would ensure that you are compensated for all the out of pocket expenses you incurred as a direct result of having been injured in the workplace through no fault of your own.

Can My Employer Fire Me For Filing a Shoulder Injury Claim?

Your employer cannot fire you should you decide to file a shoulder injury claim against them unless they have a good reason other than the fact you are seeking compensation for doing so. Should your employer show you the door because you choose to seek compensation, you should seek legal advice because you could be entitled to file an “unfair dismissal” claim as well as a shoulder injury claim.

Would a Solicitor Work on a No Win No Fee Basis on My Shoulder Injury Claim?

Employers have a duty of care to keep you safe when you are at work and should they fail to do so, it could entitle you to file an accident at work claim against them without the fear of losing your job. The best course of action following a workplace accident that leaves you with a shoulder injury whether minor or a lot more severe, is to speak to a solicitor and one who is an expert in accident at work claims. A solicitor would typically listen to your case which they would take place in an initial, no obligation consultation that is offered free of charge. In short, you would be provided with valuable legal advice without the worry of finding the funds to pay for it.

Once a solicitor has determined that you have a strong claim and that your employer could be held liable for your injuries, they would offer their legal services to you on a No Win No Fee basis. If you agree to the terms set out in the Conditional Fee Agreement, the solicitor can start working on your claim without you having to pay an upfront fee for them to do so. The contract details the percentage you would pay on a successful shoulder injury claim. This is referred to as a “success fee”.

Should your case not be successful, the solicitor would not raise an invoice for the legal services they provided on your shoulder injury claim, having accepted the risks of losing a case when the Conditional Fee Agreement was signed. It is also worth noting that the percentage you pay would be deducted directly from the amount you are awarded whether you accept an “out of court” settlement on your shoulder injury claim or from the amount of compensation awarded through a court.

Employee Injury At Work Advice

Can I Sue My Employer for Skin Burn Compensation?

You can suffer a skin burn at work in a variety of ways and not just by coming into contact with extreme heat or fire. Chemicals, extreme cold as well as radiation can cause this type of injury and even friction can cause of a burn to the skin. In most instances, skin burns in the workplace can be avoided when enough care on how to handle and work with hazardous substances is part of a normal procedure. A responsible employer would set in place enough measures to reduce the risk of employees sustaining skin burns and would have ongoing training programmes in place to reinforce existing protocols.

Employee Injury At Work Advice
With this said, if you suffered a skin burn at work and believe the accident could have been avoided if enough safety measures had been in place, you could be entitled to file for compensation providing you can meet specific criteria. To find out more please read on.

Common Causes of Skin Burns in the Workplace

As previously mentioned, there are a multitude of ways that you could sustain a skin burn at work, but the most commonly reported accidents that result in this type of injury whether minor or more severe, are listed below:

  • When handling hot substances or heated surfaces without having the correct protection to do so
  • Being exposed to electrical wiring or electrical equipment that has not been correctly insulated
  • Handling corrosive chemicals and substances without the correct training on how to do so
  • Being provided with inadequate personal protective equipment (PPE) 

If you were in an accident at work that left you with a skin burn and you are wondering if you could claim compensation for your injury, an accident at work solicitor would assess your case before advising you on how best to proceed.

Establishing the Severity of a Skin Burn Sustained at Work

There are 3 categories of skin burns which are detailed below:

  • First degree skin burns – these burns are superficial because they only affect the first layer of your skin which is the epidermis. A first degree burn can be treated with first aid administered immediately at your place of work
  • Second degree skin burns – these burns negatively impact both the first and second layers of your skin which are the epidermis and dermis. A second degree burn should be correctly treated by a doctor or other medical professional as soon as possible
  • Third degree burns – these burns are more serious and negatively impact the first, second layers of your skin as well as the soft tissues that are found beneath your skin. Third degree burns must be taken seriously and require immediate medical attention

What Can I Include in a Skin Burn Injury?

Should you have been involved in an accident at work that left you with a skin burn whether it is a minor burn or something a lot more serious and you believe that the incident occurred due to the negligence of a work colleague or your employer, you could be entitled to file for compensation. Accident at work compensation is broken down into to two categories when it comes to what can be included in a claim, these are listed below:

  • General damages
  • Special damages

General damages cover the pain, suffering and loss of wages you incurred as a direct result of having suffered a skin burn in the workplace. It also includes any loss of future earnings, should your skin burns be so severe, they prevent you from working again. A court or insurers would take into account whether your injuries also prevent you from enjoying activities that you used to do prior to having been involved in an accident at work.

Special damages are more easily calculated because they cover all the out-of-pocket expenses you incur as a direct result of having sustained skin burns in an accident at work. You can include all your travel and medical expenses as well as the cost of any specialist treatment you may require which could include plastic surgery should your skin burn have left you severely scarred.

What Level of Compensation Might I Be Awarded in a Skin Burn Claim?

There are several factors that are taken into consideration when calculating the amount you could receive in a successful skin burn claim against your employer. This includes how severe and life-changing your injuries happen to be and the complexity of your case. As such, some of the factors that would be taken into consideration by a judge or your employer’s insurers when calculating the amount of compensation you could receive should they offer to settle your claim out of court, are detailed below:

  • When and how the accident that left you with a skin burn occurred which would help establish liability
  • The severity of the skin burns you sustained bearing in mind that should you have sustained third degree skin burns, the amount of compensation that may be awarded would be higher than if you suffered first degree burns in an accident at work
  • Whether your skin burns were sustained accidentally or due to the negligence of a third party
  • How you were affected psychologically by the skin burns you sustained in an accident at work
  • Whether surgery was needed and whether you would need further surgery in the future
  • The out of pocket expenses you had to cope with which you would not have had if you had not suffered an accident at work that left you with skin burns. This would include all your medical expenses and your travel expenses to and from hospital or other medical facility whether you went by car, train, bus or taxi
  • Your loss of income for the time you were off work and the projected loss of earnings should you not be able to work again

Employee Injury At Work Advice

What is the Time Limit to Filing a Skin Burn Claim Against My Employer?

There is a strict time limit associated with all skin burn injury claims which is 3 years from the date of your accident at work. Should you leave it too late to make a claim even if you can prove employer negligence, the statute of limitation would prevent you from claiming the compensation you rightly deserve for the skin burns you sustained. The skin burn claim time limit is detailed below:

  • 3 years from the date of the accident that left you with a skin burn
  • If you were under the age of 18 at the time of the workplace accident that left you with a skin burn, the 3 year time limit would only start from the day you turn 18 years of age

What are My Workers Rights After Suffering a Skin Burn Injury at Work?

Following a workplace accident that results in you sustaining skin burns, you have specific rights which are listed below:

  • You cannot be prevented from filing a skin burn claim to receive a level of compensation you deserve
  • Your job is safe even should you decide to seek legal advice and compensation for your skin burn injuries

Should your employer make your job more difficult and sack you because you seek compensation for your injuries, you should discuss things with an accident at work solicitor who would advise you on whether you could also file an unfair dismissal against your employer.

Should I Sue My Employer for a Skin Burn Injury?

If you were involved in a workplace accident and you sustained skin burns through no fault of your own but through employer negligence or because of an error on the part of a work colleague, it could mean you are unable to work whether for a few days, weeks or much longer. Your injuries could be such that you are off work for months or the skin burns you sustained were so severe, you may not be able to work again. As such, seeking the level of compensation you rightly deserve for the injuries you sustained at work, would alleviate all the financial pressures and stress that you would have to cope with should you not file a skin burn claim.

By law, all UK employers must have liability insurance which covers accidents at work that leave employees injured or suffering from a work-related health issue or medical condition. When you file a skin burn claim against your employer, it is your employer’s insurers who would handle your case and settle your claim should it be found that you are entitled to compensation. Most work-related claims are settled before they go before a judge. This means you would be offered an out of court settlement by an employer’s insurers which is best handled by a solicitor who specialises in accident at work claims. The reason being that a solicitor would be able to negotiate a level of compensation that suits the injuries you sustained and out of pocket expenses you incurred.

Are There Any Benefits to Working With a Solicitor on a Skin Burn Injury Claim?

As with all accident at work claims, skin burn claims can be complex when it comes to proving who could be held liable for the incident occurring and the injuries you sustained. A solicitor with experience in handling this type of case would ensure that the evidence and proof needed to determine who is responsible is submitted to your employer’s insurers at the outset of your claim. A solicitor also has access to all the necessary legal libraries which means they can fall back on previous skin burn cases with an end goal being to make your case more compelling.

A solicitor would listen to your case by offering a no obligation, initial consultation which is typically free of charge. This allows a solicitor the opportunity of assessing whether you have a strong case against a negligent employer and once this has been determined, the solicitor would usually offer to represent you on a No Win No Fee basis. In short, you would not have to worry about paying for legal advice from the outset.

Can My Employer Fire Me For Filing a Skin Burn Injury Claim?

You cannot be sacked for filing a skin burn claim against a negligent employer unless there is a good and valid reason for doing so. In short, your job is secure even when you choose to seek compensation. Should an employer fire you without good reason, you should seek legal advice because the chances are that on top of an accident at work claim, you could be entitled to file an unfair dismissal claim against your employer too.

Would a Solicitor Work on a No Win No Fee Basis on Skin Burn Injury Claim?

Providing the accident at work that left you with skin burns whether minor or more severe, occurred in the last 3 years and you can prove that the incident happened through no fault of your own, a solicitor would usually agree to take on your case on a No Win No Fee basis. This means the solicitor would begin work on your skin burn claim without having to request a retainer or an upfront fee. This would entail entering into a legal agreement known as a Conditional Fee Agreement (CFA).

The contract includes details of the Terms and Conditions of the agreement and it also sets out the “success fee” that you agree to pay the solicitor on a successful skin burn claim. The percentage you would pay is deducted directly from the amount you receive in compensation for the skin burns you sustained. If your skin burn claim is unsuccessful, there would be nothing to pay for the legal services the solicitor provided because they entered into a CFA with you.

Employee Injury At Work Advice