According to Safe Work Australia, shoulder injuries comprise 20% of upper limb injuries. Rotator cuff tear, fracture, bursitis are some of the most common shoulder injuries that may limit your ability to do daily activities. Regardless of where your shoulder injury occurred, you might be eligible for compensation benefits.
Where can shoulder injuries arise?
There are several incidents in which a shoulder injury may occur. Some of the most typical incidents that result in shoulder injury compensation claims may be as a result of:
Am I eligible?
If you have suffered a shoulder injury during the course of employment, you might be entitled to injury compensation benefits under the Workers Compensation scheme depending on your medical condition.
Can I claim a permanent disability payout for my shoulder injury?
Apart from your workers compensation claim, yes, you can make a total and permanent disability (TPD) claim if you have:
- stopped working due to injury or illness
- not been able to work for an extended period of time
- been unlikely to work again in a field in that you have education, training, or experience.
Then, you are entitled to receive TPD superannuation benefits depending on your superannuation insurance. The amount of money you may receive for your permanent disability will vary depending on the details of your cover. Details are generally included in the fine print of your superannuation insurance policy.
Our experienced TPD and Workers Compensation Lawyers are happy to give you clear and free legal advice. Contact us today!
What can I claim for my shoulder injury?
What you can claim and how you can claim compensation for your shoulder injury depends on where you were injured. For example, if you suffered a shoulder injury in the course of employment, the below is what your entitlements are:
- Medical expenses – medical treatments, physiotherapy, surgery, nursing and any other reasonable and necessary expenses
- Weekly wages – based on your average income before the injury and your capacity to work
- Domestic assistance – if your whole person impairment meets the 15% permanent impairment threshold
- Lump-sum payment – if your whole person impairment meets the 11% permanent impairment. If you are an exempt worker, the threshold is greater than 0%.
- Common law – if your whole person impairment is greater than 14% permanent impairment and your employer was negligent
Did you know that regardless of where you were injured if you had TPD (Total and Permanent Disability) Insurance cover with your superfund(s), then you could make a TPD claim and receive a payout?
If you suffered a shoulder injury that is preventing you from working within your education, training or experience, you could make a TPD claim with your superfund(s). Most superfunds offer TPD Insurance automatically however the eligibility differs so please feel free to contact our TPD lawyers for a free eligibility claim check to find out if your eligible.
- Total and Permanent Disability (TPD) lump sum payment
- Income protection benefits
- Terminal illness benefits
Total and permanent disability insurance payout amounts can range between $70,000 and $2,000,000 depending on your policy.
Shoulder injuries may also occur due to motor vehicle accidents, slip, trip and fall and medical negligence.
Please reach our
- Motor Vehicle Accident Lawyers if you had a traffic accident and got injured, or
- Public Liability Lawyers if you had a slip, trip and fall accident.
- Medication negligence Lawyers if you suffered an injury or condition due to the negligence of a medical provider.
How do I make a workers compensation claim for my shoulder injury?
Briefly, the legal steps of a workers compensation claim are as follows:
– 1st Step
Report the injury as soon as possible to your employer.
– 2nd Step
Seek medical treatment from your GP and request they complete the Certificate of Capacity. This document requires your GP’s opinion on the injury and whether it is work-related or not.
– 3rd Step
Complete a Work Injury Claim Form and submit it along with the completed Certificate of Capacity to your employer who should send it to their workers compensation insurer within 48 hours. The insurer will then be in contact with you and inform you whether they will accept liability or not.
You can contact our office for a free claim assessment regardless of whether the insurer accepts or denies liability to ensure you are not missing out on entitlements and you are following the procedure correctly.
Do I need a lawyer to make claim for my shoulder injury?
You don’t require a lawyer to start a compensation claim. However given that the procedure might be complex.you may be entitled to various benefits and our costs are No Win No Fee, it’s always recommended to work with an experienced personal injury lawyer to receive your full benefits and compensation payout Our lawyers take pride in maximising shoulder injury compensation payouts in Australia on a No Win No Fee basis.
What are the time limits?
The time limit to lodge the Work Injury Claim Form and Certificate of Capacity is 6 months in NSW.
The time limit to make a TPD claim depends on your superannuation policy however generally speaking you should make a TPD claim as soon as you realise the difficult and somewhat confronting news that it is unlikely for you to return to work in any occupation you are suited by with your education, training or experience.
How long do shoulder injury compensation claims take?
Again, unfortunately it really depends on the type of claim which is dependant on how and where you injured your shoulder.
Compensation for shoulder injury requiring surgery may extend the claim period as you can claim a lump sum payment for a shoulder injury. After your injuries have reached maximum medical improvement which is usually 6 months from the date of the injury, or date of surgery, whichever is later you can then resolve your claim. Its better you don’t resolve your claim before you have reached maximum medical improvement to make sure you take everything into account. That is because most payouts do not allow you to reopen your claim even if your injury deteriorates ! Please check out our when should I settle personal injury claim blog to find out when is the best time to resolve your claim. Generally though, your lump sum claim is usually resolved within 1.5 years provided the insurer makes reasonable offers of what your claim is actually worth!
Shoulder injury compensation payouts in Australia
$200,000 to $300,000 work injury damages may be achieved by way of settlement or determination of your injuries; however, each claim is different.
The amount of compensation that you may be entitled to is determined by a variety of factors, including but not limited to, where the injury occurred, the seriousness of the injury, your whole person impairment assessment and other factors. So, feel free to call Withstand Lawyers for a free injury claim check to estimate the amount of compensation you may be entitled to.
Why Withstand Lawyers for my workers compensation claim?
Our personal injury lawyers focus on workplace accidents, motor vehicle accidents public liability, TPD and medical negligence claims.
We will understand your expectations and explain your entitlements in a simple manner and help you receive your full entitlements.
How do we help?
Listen carefully and understand your situation, and make sure you understand your entitlements and how to claim them.
Obtain relevant documents to support your claim and maximise your compensation entitlements.
Negotiate with the other side to settle or resolve your claim for the best result whilst keeping you informed and updated.
Our team works on a No Win No Fee basis; you will not be liable for our legal costs & disbursements if you are unsuccessful.
Call our experienced injury lawyers on 1800 952 901 or fill out the form to receive a callback
Issa Rabaya
• Bachelor of Laws
• Graduate Diploma in Legal Practice
• Approved Legal Service Provider to the Independent Review Office
• Member of the Law Society
