Shoulder injuries are a common occurrence in Australia, and they can lead to significant pain and discomfort. This can also result in time off work, medical bills, and other expenses, especially for a shoulder injury requiring surgery. Fortunately, if you have suffered a shoulder injury due to someone else’s negligence, you may be entitled to claim compensation.

Compensation payouts for shoulder injury claims in Australia can vary widely, depending on the severity of the injury and the circumstances surrounding the incident. According to recent data, the average payout for a shoulder injury in Australia ranges from $50,000 to $100,000. However, some payouts can be much higher, particularly if the injury is severe and has long-term consequences.

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When Are You Entitled to For Shoulder Injury Compensation in Australia?

Even common shoulder injuries can be debilitating and can cause significant financial and emotional stress. Fortunately, if the negligence of another person or entity results in an injury, you may be entitled to make a shoulder injury compensation claim.

Where the injury occurs will impact the claim you make and who the claim goes through. For example, a workplace injury would go through your employers insurance. If you’re unsure who your shoulder injury claim should go through, you can work with experienced personal injury lawyers who can help you through the process.

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Injured at Work

If you have suffered a shoulder injury while at work, you may be entitled to claim workers’ compensation benefits. These benefits can include payments for medical expenses, lost wages, and rehabilitation costs. To be eligible for workers’ compensation benefits, you must have suffered the injury while performing work-related duties. It is important to report your injury to your employer as soon as possible and seek medical attention.

Injured in a Public Place

If you have suffered a shoulder injury in a public place, such as a shopping centre, park, or footpath, you may be able to make a public liability claim. Public liability claims can provide compensation for medical expenses, lost wages, and pain and suffering. To be eligible for a public liability claim, you must be able to prove that the injury was caused by the negligence of the owner or occupier of the public place.

Injured in a Motor Vehicle Accident

If you have suffered a shoulder injury in a motor vehicle accident, you may be entitled to compensation from the at-fault driver’s Compulsory Third Party (CTP) insurance. CTP insurance can provide compensation for medical expenses, lost wages, and pain and suffering. 

It is important to seek legal advice as soon as possible if you believe you are entitled to shoulder injury compensation in Australia. A qualified lawyer can help you navigate the legal process and ensure that you receive the compensation you deserve.

Eligibility Criteria for Claiming Compensation

To be eligible for compensation for a shoulder injury in Australia, certain criteria must be met. The criteria may vary depending on the type of claim being made. Some common types of claims are:

  • Total and Permanent Disability (TPD) Claim through Superannuation
  • Workers’ Compensation Claim
  • Motor Vehicle Accident Claim
  • Public Liability Claim

Total and Permanent Disability (TPD) Claim through Superannuation

To make a TPD claim, the claimant must have a shoulder injury that prevents them from working. The claimant must also have TPD insurance through their superannuation. TPD insurance is designed to provide financial assistance to people who have become totally and permanently disabled and can no longer work.

Workers' Compensation Claim

To be eligible for a workers’ compensation claim, the following criteria must be met:

  • The injured person must be a ‘worker’ as defined by NSW workers compensation legislation.
  • The injury must have been caused by the worker’s employment.

Motor Vehicle Accident Claim

To make a motor vehicle accident claim, the following criteria must be met:

  • The claimant must have sustained a shoulder injury as a result of the accident.
  • The accident must have been caused by the negligence of another driver.

Public Liability Claim

To make a public liability claim, the following criteria must be met:

  • The claimant must have sustained a shoulder injury as a result of the negligence of a third party.
  • The third party must have a legal duty of care to the claimant.

It is important to note that each claim type has its own eligibility criteria, and it is recommended to consult with a compensation law professional to determine the best course of action.

Time Limits for Filing a Compensation Claim

If you have sustained a shoulder injury due to a workplace accident or negligence, you may be eligible for compensation. It is generally recommended you notify your employer or the relevant insurer as soon as your injury occurs. It is also important to note that there are time limits for filing a compensation claim in Australia.

The time limit for filing a compensation claim varies depending on the state or territory where the injury occurred. Most importantly, in New South Wales, you have three years from the date of the injury to commence proceedings in court for your personal injury.

It is crucial to be aware of the time limit in your state or territory to avoid missing out on compensation.

The time limit for filing a compensation claim may be affected by other factors, such as the nature of the injury and the circumstances surrounding the injury. For example, if the injury was not immediately apparent, the time limit may be extended to allow for the discovery of the injury.

If you miss the time limit for filing a compensation claim, you may lose your right to compensation. Therefore, it is recommended that you seek legal advice as soon as possible after sustaining or discovering a shoulder injury to ensure that you file your claim within the appropriate time frame.

Types of Shoulder Injuries Covered

Workers who suffer from shoulder injuries may be eligible for compensation payouts in Australia. The amount of compensation depends on the severity of the injury and its impact on the worker’s ability to work. Here are some of the types of shoulder injuries that may make you eligible for compensation:

Rotator Cuff Injuries

A rotator cuff injury can occur from a sudden trauma, such as a fall or lifting a heavy object, or from overuse. Symptoms may include pain, weakness, and limited range of motion.

Shoulder Dislocation

A shoulder dislocation occurs when the upper arm bone pops out of the shoulder socket. This can happen from a fall or a direct blow to the shoulder. Symptoms may include pain, swelling, and difficulty moving the arm.

Fractured Shoulder

A fractured shoulder, also known as a broken shoulder, can occur from a fall or a direct blow to the shoulder. Symptoms may include pain, swelling, and difficulty moving the arm.

Frozen Shoulder

Frozen shoulder, also known as adhesive capsulitis, is a condition that causes pain and stiffness in the shoulder joint. This can occur from a previous injury or from an underlying medical condition.

Impingement Syndrome

Impingement syndrome is a condition that occurs when the tendons in the shoulder become compressed and irritated. This can occur from overuse or from a previous injury. Symptoms may include pain, weakness, and limited range of motion

Calculating Compensation Payouts

When it comes to calculating compensation payouts for shoulder injuries in Australia, there are a number of factors that need to be taken into account. The following subsections outline the various types of damages that may be awarded as part of a shoulder injury compensation payout.

Lump Sum Compensation

Lump Sum Compensation refers to the compensation awarded for the permanent impairment or pain and suffering experienced as a result of the shoulder injury. The amount awarded is based on the severity of the injury, and is calculated using the guidelines set out by the NSW workers compensation guidelines for the evaluation of permanent impairment. The guidelines provide a range of compensation amounts based on the percentage of whole person impairment (WPI) caused by the injury, with higher payouts for more severe injuries.

Economic Losses

Economic losses refer to the compensation awarded for any loss of income or earning capacity resulting from the shoulder injury. This may include compensation for past and future lost wages, as well as any loss of superannuation benefits. The amount awarded is based on the injured person’s pre-injury earnings, as well as their capacity to earn in the future

Medical Expenses

Medical expenses refer to the compensation awarded for any medical treatment or rehabilitation required as a result of the shoulder injury. This may include compensation for past and future medical expenses, as well as any expenses related to ongoing care and rehabilitation. The amount awarded is based on the actual costs of the medical treatment, as well as any future costs that are likely to be incurred.

Future Care and Rehabilitation Costs

Future care and rehabilitation costs refer to the compensation awarded for any ongoing care or rehabilitation required as a result of the shoulder injury. This may include compensation for the cost of ongoing physiotherapy, as well as any other medical treatment or rehabilitation required. The amount awarded is based on the actual costs of the care and rehabilitation, as well as any future costs that are likely to be incurred.

The Claims Process

Initial Consultation

The first step in the shoulder injury compensation claims process is to schedule an initial consultation with a personal injury lawyer. During this consultation, the lawyer will evaluate the potential claim and determine if there is a valid case to pursue. The lawyer will also explain the legal process and what to expect throughout the claim.

Documentation and Evidence Collection

Once the lawyer has agreed to take on the case, they will begin to collect all necessary documentation and evidence to support the claim. This includes medical records, accident reports, witness statements, and any other relevant information. The lawyer may also work with medical experts to assess the extent of the injury and the long-term impact on the victim’s life.

Filing the Claim

After all necessary documentation and evidence have been collected, the lawyer will file the claim with the relevant insurance company or court. The claim will outline the details of the injury, the impact on the victim’s life, and the amount of compensation being sought. The insurance company or court will then review the claim and determine if compensation is warranted.

Negotiation and Settlement

If the insurance company or court determines that compensation is warranted, the lawyer will negotiate with the insurance company or defendant on behalf of the victim. The goal is to reach a fair settlement that compensates the victim for their injuries, medical expenses, lost wages, and any other damages incurred. If a settlement cannot be reached, the case may proceed to court.

Impact of Contributory Negligence on Payouts

When it comes to shoulder injury compensation payouts in Australia, contributory negligence can have a significant impact on the final payout amount. Contributory negligence refers to the degree to which the injured person may have contributed to their own injury due to their actions or lack of action.

For example, if an injured person was not wearing the required safety gear at the time of the injury, a court may find that they were partially responsible for their own injury, and therefore reduce the amount of compensation they are entitled to receive.

The impact of contributory negligence on payouts can vary depending on the specific circumstances of the case. In some cases, the amount of compensation may be reduced by a small percentage, while in other cases, it could be reduced by a significant amount.

It’s important to note that contributory negligence is not always a factor in shoulder injury compensation payouts. In cases where the injured person was not at fault for their injury, they may be entitled to receive the full amount of compensation they are seeking.

Contributory negligence does not apply to awards of workers compensation lump sum compensation.

Key Takeaways

Do You Have a Shoulder Injury & Think You May Be Eligible for Compensation?

Our legal team is experienced in dealing a variety of compensation and personal injury law matters. We provide legal advice and guidance on the court process, from start to finish.

The team at Burke Mead Lawyers are experts in personal injury legal services and can assist you throughout this process to protect your legal rights and help achieve the best outcomes for your family – contact Burke Mead Lawyers today.

About the Author
Sean Wright

Sean is a member of the personal injury team with extensive experience in representing injured clients at the Personal Injury Commission as well as in the District and Supreme Courts of NSW.