According to Safe Work Australia, shoulder injuries comprises 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:
- Workplace accidents
- Motor vehicle accident
- Falls caused by poorly maintained roads and walkways
- Slip and fall in a public place
Am I eligible?
If you have suffered a shoulder injury during the course of employment, you might be entitled to elbow injury compensation benefits under the Workers Compensation scheme.
What can I claim?
- 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
Shoulder injuries may also occur due to motor vehicle accidents, slip, trip and fall and medical negligence. Please access our Motor Vehicle Accident Claim or Public Liability (Slip, Trip and Fall) page for more information. Sometimes they could also occur at home or not due to any one else’s negligence. If they prevent you from working, you could also be entitled to make an insurance claim known as Total & Permanent Disablement (TPD). Our superannuation lawyers can provide you with guidance and free advice so you are aware of the eligibility criteria and your rights.
How can I claim?
If you have suffered a shoulder injury due to a workplace accident, you can consider lodging a workers compensation. You may follow the steps below:
Report the injury as soon as possible to your employer.
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.
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.
Please 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 to ensure you are following the procedure correctly. Alternatively, you might want to reach us after you suffered an injury and our experienced lawyers will walk you through the process.
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 commence court proceedings if you are eligible to make a work injury damages claim is 3 years.
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. Call our experienced injury lawyers on 1800 952 898 or fill out the form to receive a call back. Our team works on a No Win No Fee basis; you will not be liable for our legal costs & disbursements if you are unsuccessful. For your workers compensation claim, our workers compensation lawyers are approved by the Independent Review Office (IRO) which means you will not be liable for our costs and disbursements regardless of the outcome as IRO covers our legal costs and disbursements.