Shoulders are most commonly injured over a period of time from excessive, repetitive overhead motion. This can be confusing for the injured person, as the exact date of injury isn’t known. If this is the case, the team at Trilby Misso can take a detailed history from you and examine medical evidence to narrow down the period of time in which the injury occurred.
Common shoulder injuries include:
- Shoulder sprain
- Shoulder strain
- Instability of the shoulder joint
- Bursitis
- Shoulder impingement syndrome
- Fractured shoulder
- Shoulder tear
- Rotator cuff tear
- SLAP tear
- Tendinopathy
Sustaining a shoulder injury can impact you in many ways, some of the things you might experience are:
- Pain
- Poor sleep
- Reduced ability to care for self
- Inability to drive
- Impacted ability to work
- Psychological distress
- Diminished self esteem
We strongly recommend seeking urgent medical attention if you have sustained a shoulder injury in an accident.
Shoulder injuries at work
Sadly Queenslanders are injured at work all too often and it is not uncommon to sustain a shoulder injury in a work accident.
At work shoulder injuries can be sustained in a variety of circumstances including:
- Lifting
- Overhead lifting
- Overuse injury
- Poor equipment, set up
- Being struck by an object
- Faulty machinery
- Poor training or systems
- Falls
- Trip and slipping
- Lack of adequate warnings
- Lack of, or inadequate personal protective equipment (PPE)
- Co-worker error
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Shoulder injuries sustained in motor vehicle accidents
The sad reality is that Queenslanders are injured on the road every day. Given the large and powerful nature of motor vehicles and motorcycles, it is not uncommon to sustain a physical injury to the shoulder as a result of a road accident.
In a road accident, injuries to the shoulder can be sustained a in a variety of circumstances including:
- A violent blow or jolt to the shoulder from vehicle impact
- Being struck by a motor vehicle
- Being thrown from a motorcycle
- Being struck by debris
- Sudden and severe breaking causing a jolt to the shoulder
- Being trapped in a vehicle
How long does it take to settle a shoulder injury claim?
Being involved in an accident and sustaining a shoulder injury can create such a time of uncertainty in many aspects of life. Will you recover, what treatment will you need, can you return to work, how long will you be without income or receiving reduced income? It is therefore natural to want to know how long it will take to settle your claim.
Unfortunately, there is no way to give you a specific or certain answer on how long it will take to reach a settlement in your shoulder injury claim. How long a claim takes to settle will depend on the unique circumstances of each case.
Once a settlement is reached in a case it is called a once and for all settlement. This means it is final and you can not come back seeing further compensation relating to that matter at a later time. So it is important that all losses and, as best as you can predict, future losses be taken into account when you reach a settlement. In assessing past and future losses it is important that your shoulder injury is stable, that means it has reached the maximum medical improvement after all the appropriate treatment, a simpler term for this is that the injury has stabilised, it isn’t getting better and isn’t getting worse. Lawyers have no way of knowing when your injury will reach this point and all losses can be assessed, this is why it is difficult to give you an exact time frame on how long it will take to reach settlement.
As a guide as to how long a shoulder injury claim might take to settle, the best estimate is that on average claims take 12-18 months to reach a settlement. Of course each case will depend on the specific and unique circumstances. Where an accident involves minor injuries and there is no dispute about who caused the accident, you would anticipate that a settlement could be reached quicker than where there is uncertainty about who caused the accident or more severe injuries.
A shoulder injury compensation lawyer will work to protect your interests within the required time frames and work efficiently to gather the necessary evidence so that when your shoulder injury is stable and all evidence is available they are in a position to advise you and promptly work towards reaching a settlement in your claim.
What steps should
I take after I sustained a shoulder injury in an accident?
Sustaining a shoulder injury in an accident can be frightening, traumatic, and can have lifelong consequences. A lawyer will work with you through this uncertain time.
Regardless of the circumstances and severity of the shoulder injury there are some basic general steps that should be taken:
- Record The Details make a note of the date, time, place of the accident. Record any details of other people involved in the accident, their registration number, name, address, phone number will all be required. If there are witnesses, also take a note of their contact details. If you can take photos of the accident scene, and any damage, that will also be helpful.
- Report the accident. If you were injured at work, contact your supervisor or human resource department to report the accident. In a car accident, the Queensland Police Service should be notified to report the accident.
- Seek medical review and obtain a work capacity certificate. If you have sustained a shoulder injury it is important that you seek medical attention and get the appropriate advice and treatment. It is important that you report all symptoms to the Doctor so that they can properly treat you. The doctor should issue you with a work capacity certificate.
- Lodge the claim with the relevant insurer. Your lawyer can assist you with this.
Lawyers who specialise in shoulder injury accident claims are familiar with these laws and can take care of the necessary steps, claim forms, time frames and gathering evidence, which allows you to then focus on your recovery and rehabilitation. We recommend speaking with a lawyer to fully understand your rights and obligations specific to your circumstances.
Do I have a valid shoulder injury claim?
Personal injury claim, workers’ compensation, WorkCover claim, compensation, compo, damages, reimbursement, and claim are all expressions you may have heard which can mean the same thing. Assessing if you have a valid claim for a shoulder injury depends on where and how you were injured.
There are laws set out in legislation as well as case law from the Courts which establish who can claim compensation, how to go about making a claim and how claims will be assessed (put into a dollar value sum).
If you have sustained a shoulder injury caused in relation to an accident in Queensland and you are within the legal time frames, you may be entitled to make an injury claim and have a valid compensation claim.
In assessing if you have a valid claim for a shoulder injury, lawyers will examine:
- Location – to have a valid neck injury compensation claim in Queensland the accident has to have occurred in Queensland.
- Time limits – lawyers will establish when the accident occurred and if you are within those important time frames to make a claim. In special cases, if you are outside those important time frames, there may be special circumstances in which the deadline can be extended.
- Fault – lawyers will look at the issue of negligence. As an example at work, negligence might be established through poor training, poor systems, faulty equipment, the wrongdoing of another staff member or even bullying. Examples of negligence from road users might be failing to stop, and failing to drive with due care and attention.
- Injury – a claim is to compensate you for any injuries you have suffered and any losses incurred as a result of the injuries sustained. Your lawyer will gather evidence about the shoulder injury, the likelihood of recovery or ongoing issues as well as the impact of the shoulder injury on your ability to work and care for yourself.
A lawyer can examine the matters listed above and make an assessment as to whether they believe you have a valid compensation claim for the shoulder injury you sustained.
How much compensation can I receive for my shoulder injury in Queensland?
When someone is involved in an accident and sustains a shoulder injury it can create such a time of uncertainty in many aspects of life. Questions like, will you recover, what treatment will you need, can you return to work, how long will you be without income or receiving reduced income can all be overwhelming. It is therefore natural to want to know how much money you will be awarded for your shoulder injury claim.
Unfortunately there is no way to give you a certain answer on how much compensation you will get for your shoulder injury claim. How much a shoulder injury claim will settle for will depend on the unique circumstances of each case.
Once a settlement is reached in a shoulder injury claim it is called a once and for all settlement. This means it is final and you can not come back seeking further compensation relating to that matter at a later time. Therefore, it is important that all losses and, as best as you can predict, future losses be taken into account when you reach a settlement. In assessing past and future losses it is important that your shoulder injury is stable, that means it has reached the maximum medical improvement, a simpler term for this is that the injury has stabilised, it isn’t getting better and isn’t getting worse. If you are seeking legal advice before your shoulder injury has stabilised and been medically assessed, lawyers have no way of knowing the long term impact of the injury and will not be in a position to give you that specific advice about the dollar value of the claim.
During a claim, lawyers will gather evidence about the impact of the shoulder injury and the associated financial losses and future losses and any expenses likely to be incurred. Each case is unique and must be assessed looking at that set of circumstances. Once they have this evidence, they will then be in a position to give you very specific advice about how much you would likely be awarded in compensation by a court.
A common question people have when contemplating making a claim for compensation in relation to a shoulder injury is whether it is financially worth pursuing. There are two aspects to this, assuming you have a right to make a claim:
- will you be awarded a sum of money large enough to justify your efforts (in time and emotionally) and;
- will there be anything left for you after the lawyers and any Government refunds are paid?
It is common for lawyers to offer an obligation free assessment to look at exactly this issue. While all the medical evidence might not be available at this time and the lawyers can’t give you specific advice, they can make an assessment based on their experience as to whether it is worth pursuing. The lawyers will take your instructions and gather information about the circumstances of the accident, including: your shoulder injury, cost of treatment, medical prognosis, and the impact of the injury on your ability to work. This information will help the lawyer assess the merits of your case and whether it is one worth pursuing.
The lawyers will want to be reasonably confident that your compensation claim for a shoulder injury is worth pursuing before they offer you a no win no fee agreement/ arrangement. It is then up to you whether you proceed or not or whether you seek a second opinion from another lawyer.
Are there time limits for filing a claim for a shoulder injury in Queensland?
The date you are injured is a very important piece of information your lawyer will want to establish as soon as possible so that they can advise you of any important time limits that will apply to your shoulder injury claim. Time limits create a deadline in which notices have to be given to insurers and court documents are to be filed with the Court. These timeframes are very important and missing them can result in you losing your right to make a claim.
It is recommended that you call a lawyer as soon as possible and get advice on what time limits will apply to your circumstances. Making a note and reminders of these dates is wise as the impact of missing the time limits could mean losing your entitlement to claim.
Generally in Queensland you have a three year period to make a claim for compensation.
We recommend contacting a lawyer and discussing the specific circumstances of your accident and shoulder injury so that you are properly advised and protected and do not lose any rights by missing any important time limits.
Page author
This page was written by Kathryn MacDonell, CEO at Trilby Misso Lawyers.
Kathryn’s journey in the legal field began in 2001 at Trilby Misso as an Article Clerk, leading to her official admission into the Supreme Court of Queensland in 2005. Her career at Trilby Misso saw her rise to the position of Principal Lawyer by 2011, where she was responsible for leading teams across the Sunshine Coast and Brisbane. Despite her management responsibilities, Kathryn remained dedicated to securing compensation for her clients, driven by a passion for assisting Queenslanders. Her legal acumen has been showcased in numerous challenging cases, with her making appearances in the District Court, Supreme Court, Court of Appeal, and even the High Court of Australia.
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We’ll also provide certainty and clarity, with a fair structure that has no ‘uplift’ fee, ever. You’ll pay nothing ‘til your claim is won.
Don’t delay. Speak with Trilby Misso today.
Your next step is a small one. All you need to do is give us a call on 07 3910 5470 or complete this form here to arrange a quick chat.
During this initial conversation, we will:
- Have a chat about the circumstances and nature of your injury.
- Give you an indication of your eligibility to make a claim for compensation.
- Explain, in simple terms, how our process works. We will answer
any questions you have about fees, the legal process, and anything else you’re unsure about relating to your injury.
We understand that taking legal action can be stressful, and we’ll do all we can to ease your concerns.
The chat can take place at our place, your place, or by phone. There is no cost, no pressure, and no obligation.
