Your shoulder is one of the most important joints in your body. It helps you lift, carry, push, pull, and reach. If you hurt your shoulder, even simple daily tasks can become painful and difficult. You might find it hard to work, look after your family, or enjoy your hobbies. If your shoulder injury happened because someone else was careless or negligent, you may be entitled to claim compensation.
Making a compensation claim for a shoulder injury can seem confusing or overwhelming, especially when you’re already dealing with pain and recovery. This guide will help you understand the right steps to take so you can make a claim that is clear, strong, and effective. You will learn what makes you eligible, how to collect evidence, how compensation is calculated, and why getting help from a solicitor can make a big difference.
Understanding Shoulder Injuries and Your Rights
Before making a claim, it is useful to understand what kinds of shoulder injuries can be compensated. Injuries can happen in many ways — from slips and trips, accidents at work, road traffic accidents, to repetitive strain injuries caused by doing the same movement over and over.
Common shoulder injuries include:
- Strains and sprains
- Rotator cuff tears or injuries
- Dislocations
- Ligament or tendon damage
- Frozen shoulder
- Broken collarbone or upper arm bones
- Joint injuries such as to the acromioclavicular joint
If your injury was caused because someone else failed to keep you safe, you have a legal right to seek compensation for the pain, suffering, and financial losses you have experienced.
When Can You Make a Shoulder Injury Claim?
You can make a claim if:
- Someone owed you a duty of care — a legal responsibility to keep you safe.
- They breached this duty by being careless or negligent.
- Their negligence caused your shoulder injury.
For example, your employer must provide a safe workplace. If you slipped on a wet floor with no warning signs, or if you lifted heavy objects without proper training or equipment, your employer may have breached their duty of care. Similarly, if a driver caused a car accident that hurt your shoulder, they could be responsible.
How to Start Your Claim: Step-by-Step
Step 1: Get Medical Treatment Immediately
The first and most important thing you must do is get proper medical treatment. This protects your health and also creates an official record of your injury. Make sure your doctor or hospital notes your shoulder injury and treatment clearly.
Step 2: Report the Incident
If your injury happened at work or in a public place, report it to the relevant authority. For work injuries, tell your employer and ask them to record the accident in the accident book. For injuries in public places, inform the property owner or manager. This creates an official record of the accident.
Step 3: Gather Evidence
Strong evidence will support your claim. Collect:
- Photos of the accident scene (especially before hazards are cleared).
- Photographs of your injury and any visible swelling or bruising.
- Witness contact details and statements if anyone saw the accident.
- Medical records, X-rays, scans, and treatment details.
- CCTV footage, if available — ask quickly because recordings are often deleted after a short time.
- Keep a diary to note pain levels, how injury affects daily life, days off work, and any costs you have.
Step 4: Get Legal Advice
It is best to speak to a personal injury solicitor who specialises in shoulder injuries. They can quickly assess whether you have a strong claim and guide you through the process. Most solicitors work on a No Win No Fee basis, meaning you don’t pay upfront fees and only pay if you win your claim.
What Evidence Do You Need to Prove Your Claim?
To succeed in your claim, you must prove:
- The other party owed you a duty of care.
- They broke this duty.
- Their breach caused your injury.
- You suffered damages (physical, emotional, or financial).
Good evidence will make this easier. This includes:
- Medical reports from your GP or hospital
- Accident reports and workplace records
- Photos and videos of the accident site and injury
- Witness statements supporting your version of events
- Receipts for medical bills, travel, care, or home adjustments
- Payslips or proof of earnings showing money lost due to injury
Without this evidence, insurers or defendants might deny responsibility, delay your claim, or offer low compensation.
How Is Shoulder Injury Compensation Calculated?
Your compensation will usually include two parts:
General Damages
This is money for the pain, suffering, and loss of quality of life you have experienced because of your shoulder injury. Factors include:
- How severe your injury is.
- How long your pain and symptoms last.
- If your injury causes permanent disability or limits your movement.
- Impact on your social and personal life.
Special Damages
These cover financial losses caused by your injury, such as:
- Lost wages because you couldn’t work.
- Medical costs not covered by the NHS (private physiotherapy, medications).
- Travel expenses to and from appointments.
- Cost of care if someone helped you at home.
- Adaptations you had to make to your home or car.
Compensation amounts vary case by case, but to give you an idea:
- Minor shoulder injuries that heal within 3 months might receive up to around £2,990.
- Injuries lasting up to a year can get between £2,990 and £5,310.
- Moderate injuries lasting up to 2 years may get £5,310 to £9,630.
- Serious injuries like dislocations or fractures with long-term effects may receive £15,580 to £58,610 or more.
Time Limits to Make Your Claim
In the UK, you generally have 3 years from the date of your accident to make a claim. This time limit is set by the Limitation Act 1980.
If your injury was caused by repetitive actions (like repetitive strain injury), the 3-year limit starts from when your injury was diagnosed, not when the first symptoms appeared.
For children or people lacking mental capacity, special rules apply and time limits may be extended.
It is important to act quickly. The sooner you start your claim, the better your chances of collecting evidence and building a strong case.
Why Should You Use a Solicitor?
Personal injury claims, including shoulder injuries, often involve insurance companies. These companies want to pay as little as possible. Without legal help, you might accept a low offer or have your claim rejected.
A solicitor can:
- Explain your rights and options clearly.
- Collect and prepare evidence professionally.
- Handle negotiations with insurers.
- Calculate your true compensation needs including future losses.
- Represent you if your case goes to court.
Using a solicitor working on No Win No Fee terms means no upfront costs and no fees if you lose. If you win, the solicitor’s fees come from a small percentage of your compensation (not more than 25%).
Common Mistakes to Avoid in Your Shoulder Injury Claim
- Delaying medical treatment: This weakens your claim and may harm your recovery.
- Not reporting the accident: Without an official record, proving your injury was caused by negligence is harder.
- Ignoring time limits: Waiting too long could stop you from claiming at all.
- Not keeping records: Lose important evidence if you don’t save receipts, photos, or witness details.
- Accepting the first offer: Insurance companies often make low initial offers. Get advice before agreeing.
- Trying to claim alone: Without expert help, you risk mistakes that reduce your compensation.
How Long Does a Shoulder Injury Claim Take?
The length of your claim depends on many things, such as the complexity of the case, how serious your injury is, and the willingness of the other party to settle.
Simple claims can settle in a few months, but more complicated or disputed cases may take longer, even over a year.
Your solicitor will keep you informed every step of the way and work to resolve your claim as quickly as possible without sacrificing a fair outcome.
Final Tips: Preparing to Make Your Claim
- Seek treatment and keep all medical reports.
- Report the accident as soon as possible.
- Collect as much evidence as you can early.
- Keep a recovery diary to track your symptoms and how your injury affects your life.
- Get legal advice quickly, ideally from a specialist personal injury solicitor.
- Understand that your claim is about compensation for all your losses – physical, emotional, and financial.
- Be patient but persistent – compensation claims take time, but the right claim can provide the support you need to recover fully.
Conclusion
A shoulder injury can change your life in many ways. If your injury was caused by someone else’s negligence, you deserve to be compensated fairly for the pain, suffering, and losses you have faced.
By understanding how to make the right compensation claim, gathering the right evidence, and getting expert legal help, you can increase your chances of success. Remember, help is available to guide you every step of the way.
If you think you have a claim, don’t wait — speak to a personal injury solicitor today for free advice and take the first step towards getting the compensation you deserve.
