Claim compensation for rotator cuff injuries

If you’ve suffered a rotator cuff injury and it wasn’t your fault, you may be eligible to make a rotator cuff compensation claim on a No Win No Fee basis.

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Rotator Cuff Injury Claims

If you have suffered a rotator cuff injury, you know firsthand the significant impact it can have on your daily life. Whether it was caused by a sports injury, a workplace accident, or a car accident, a rotator cuff injury can cause considerable pain and discomfort. It can also limit your range of motion, impacting your ability to work and perform everyday tasks, such as cleaning your house or looking after your children.

If you believe that someone else’s negligence or wrongdoing caused your injury, you may be eligible to make a rotator cuff injury claim and receive compensation. As well as compensating for pain and suffering, this compensation can help cover any medical expenses, lost wages, or other costs linked to your injury.

We work in partnership with personal injury solicitors in locations across the UK who provide a no win no fee* service. They have successfully won many rotator cuff injury claims and can guide you through the claims process to ensure you receive the compensation you deserve.

To find out more about how we can help you, call us on 0800 470 0474 or arrange a call back to receive a free case assessment from an experienced legal adviser. If you have a valid claim, you will be offered a no win no fee service. This means there are no upfront costs, and you only pay your solicitor if they win your case.

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Table of Contents

In this guide, we will explore how rotator cuff injuries occur, the various types of compensation you may be entitled to, and how to ensure you receive the maximum amount of compensation possible.

What is a rotator cuff injury?

The rotator cuff is the group of muscles and tendons surrounding the shoulder joint. It is responsible for holding the bone at the top of your arm in the shoulder socket and helps to provide a wide range of motion in the shoulder joint.

A rotator cuff injury occurs when one or more of these muscles or tendons become damaged, either through sudden trauma or overuse. As well as causing considerable pain, this type of injury can limit the movement and function of the shoulder.

Rotator cuff injuries vary in severity and can include:

Partial tears, where one or more rotator cuff tendons become partially torn, leading to pain, weakness, and limited range of motion in the shoulder.
Complete tears, which are more severe and occur when one or more tendons become completely torn, causing significant pain, weakness, and loss of function in the shoulder.
Tendonitis, which results from overuse or repetitive motions and causes pain and limited range of motion in the shoulder.
Bursitis, which occurs when the fluid-filled sac that cushions the joint becomes inflamed, causing pain and swelling in the shoulder.

The treatment that is used for a rotator cuff injury will depend on the type and severity of the injury. In some cases, rest, physical therapy, and anti-inflammatory medications may be enough to alleviate the symptoms of a mild rotator cuff injury. However, more severe injuries, such as a badly torn rotator cuff, may require surgery to repair the damage and restore full function to the shoulder.

Rotator cuff injuries are common in many different accidents, including car accidents, falls from height, and other accidents that involve a sudden impact to the shoulder. They can also occur due to the wear and tear of repetitive tasks, such as lifting heavy objects at work.

What are the symptoms of a rotator cuff injury?

The symptoms of a rotator cuff injury can vary in severity and will usually depend on the type of injury sustained. However, some of the most common symptoms of a rotator cuff injury include the following:

Pain in the shoulder: As you would probably expect, the most common symptom of a rotator cuff injury is a pain in the shoulder, which can range from mild to severe.
Weakness in the shoulder: Rotator cuff injuries will usually also cause some degree of weakness in the shoulder, making it more difficult to lift or move your arm.
Limited range of motion: The pain and weakness caused by the injury can result in you having a limited range of motion in the shoulder. This can make it difficult to perform various activities, such as lifting items or reaching for things above shoulder height.
Clicking or popping sounds: Some people may hear a clicking or popping sound from their shoulder when moving their arm, which can be a sign of a rotator cuff injury.
Difficulty sleeping: The injury can make finding a comfortable sleeping position difficult, especially when lying on the affected side.

If you have sustained a should injury in an accident that wasn’t your fault, you must visit your GP or local hospital as soon as possible. Prompt diagnosis and treatment can help to prevent further damage to the rotator cuff and improves your chances of making a full recovery. Your medical records can also be used as evidence if you later decide to make a rotator cuff compensation claim.

How are rotator cuff injuries diagnosed?

Rotator cuff injuries can be diagnosed through a variety of different methods, including:

Physical examination: A physical examination of the shoulder to check for pain, swelling, and range of motion is usually one of the first tests a doctor will carry out. They may also ask you to perform certain movements so they can assess the strength and function of your shoulder.
Imaging tests: Imaging tests such as X-rays, ultrasounds, or MRI scans may be used to get a more detailed view of the shoulder and any damage to the rotator cuff. These tests can help determine the location and severity of the injury.
Arthroscopy: In some cases, a doctor may recommend arthroscopy. This minimally invasive surgical procedure involves inserting a small camera and instruments into the shoulder joint to diagnose and treat the injury.
Electromyography (EMG): An EMG may be used to evaluate the muscles and nerves that control the rotator cuff. This test can help determine the severity of the injury and the extent of any nerve damage.
Functional tests: Functional tests may be used to assess a patient’s ability to perform tasks involving the use of the shoulder, such as lifting, reaching, or throwing. These tests can help determine the level of disability caused by the injury.

What treatments are used for rotator cuff injuries?

The treatment needed for a rotator cuff injury will depend on the severity and type of injury sustained. Some of the most common options used to treat rotator cuff injuries include:

Rest: Resting the shoulder and avoiding activities that aggravate the injury can help reduce pain and inflammation.
Ice and heat therapy: Applying ice to the shoulder for 20 minutes at a time, several times a day, can often help. Heat therapy can also be used to promote blood flow and facilitate healing.
Physical therapy: Physical therapy exercises can help to improve the range of motion, strength, and flexibility of the shoulder.
Medications: Non-steroidal anti-inflammatory drugs (NSAIDs) such as ibuprofen or naproxen might be prescribed to help reduce the pain and inflammation caused by the injury.
Injections: If pain medication is ineffective, your doctor may suggest corticosteroid injections to reduce inflammation and relieve pain in the shoulder.
Surgery: In severe cases, surgery may be necessary to repair a torn rotator cuff tendon. Surgery may involve reattaching the tendon to the bone or removing damaged tissue.

The best treatment for a rotator cuff injury will depend on the severity and type of injury and your overall health and lifestyle. Your healthcare provider will help to determine the most appropriate treatment plan based on the impact that the rotator cuff injury is having on your life.

Common causes of rotator cuff injuries

As mentioned above, there are lots of different types of accidents that could result in a torn rotator cuff. Some of these will be pure accidents that aren’t anybody’s fault. However, some will be caused by somebody else’s negligence, which could entitle you to make a personal injury claim.

Here are some common situations where you might be eligible to make a rotator cuff injury claim:

Road traffic accidents: If your rotator cuff injury was caused by a car, motorcycle, or bicycle accident that wasn’t your fault, you should be eligible to make a claim.
Accidents at work: If you were injured at work due to an accident that wasn’t your fault, such as falling from a height or being hit by a falling object, you could make a compensation claim against your employer.
Slips, trips, and falls: If your injury resulted from a slip or fall caused by someone else’s negligence, such as slipping on a wet floor in a supermarket or tripping on a broken pavement, you could be entitled to compensation.
Medical negligence: If your rotator cuff injury was caused by medical negligence, such as a surgical error or misdiagnosis, you may be able to make a medical negligence claim against the healthcare provider or hospital.

In each of the above scenarios, the injured person may be eligible to recover compensation for their pain and suffering, lost wages, medical expenses, and other out-of-pocket expenses related to their injury.

How do I make a rotator cuff injury claim?

The claims process for making a rotator cuff injury claim under UK law will vary slightly depending on the type of accident that caused the injury. However, the claims process will typically involve the following steps:

Seek medical attention: The first step in making a personal injury claim for a rotator cuff injury is to have your injury assessed by a doctor. This will not only ensure that you receive the necessary treatment, but it will also provide vital evidence to support your claim.
Gather evidence: For any type of personal injury claim to be successful, you will need to gather as much evidence as possible related to the accident that caused your injury. This could include witness statements, photographs of the accident scene and your injuries, medical records, and receipts, invoice or bank statements showing any financial losses.
Contact a personal injury lawyer: Although you can make an injury claim independently, hiring an experienced personal injury lawyer to handle your rotator cuff injury claim will undoubtedly make the process easier. They can advise you on the strength of your claim, guide you through the claims process, and help you negotiate with the defendant to ensure you receive a fair compensation settlement.
Make a claim: Your personal injury lawyer will help you prepare and submit a formal claim to the responsible party or their insurance company, outlining the details of your injury, the circumstances surrounding the accident, and the amount of compensation you are seeking.
Negotiate a settlement: Once the claim has been submitted, the responsible party or their insurance company will have a set period of time to respond and may offer a settlement. Your injury lawyer will review the offer and negotiate on your behalf to maximise your compensation.
Go to court: If a fair settlement cannot be reached through negotiation, your case may need to go to court, where a judge will then be tasked with determining the amount of compensation you are entitled to.

It is important to note that the claims process can vary depending on the specific circumstances of your case. It is best to seek the guidance of a personal injury lawyer to help you navigate the process and ensure that you receive the maximum amount of compensation possible.

How much compensation can I claim for a rotator cuff injury?

The amount of compensation you can claim for a rotator cuff injury will depend on the severity of the injury and its impact on your life. Compensation amounts for personal injury claims are typically calculated based on factors such as the severity of the injury, the length of the recovery period, and the impact on your daily life and ability to work.

When calculating how much rotator cuff compensation you should be entitled to claim, your injury lawyer will take into account two categories: general damages and special damages.

General damages refer to compensation that is awarded for the pain, suffering, and loss of amenity that you have experienced as a result of the injury. This includes compensation for physical and emotional pain and suffering, as well as any loss of enjoyment of life that this has caused.

Compensation for general damages is based on the Judicial College Guidelines, which provide a range of compensation amounts for different types of injuries, including rotator cuff injuries. For example:

Minor shoulder injuries: Up to £4,080
Moderate shoulder injuries: £11,730 to £18,020
Serious shoulder injuries: £18,020 to £45,070
Severe shoulder injuries: £45,070 to £56,180

It is important to note that these compensation amounts are only a rough guide and each case is assessed based on its own merits. So the actual compensation awarded may be higher or lower depending on the circumstances of the case.

Special damages, which are added on top of the above figures, are awarded for the financial losses you’ve incurred due to your injuries. This includes any out-of-pocket expenses you’ve had to pay as a result of the accident, as well as any loss of earnings or future earning potential that you have experienced.

Examples of special damages that could be included when calculating compensation in your personal injury claim include the following:

Medical expenses: This includes any expenses related to medical treatment, such as the cost of prescription medications.
Rehabilitation costs: This could include the cost of any physical therapy, occupational therapy, or other types of rehabilitation that you require to help recover from your injured rotator cuff.
Loss of earnings: This includes any wages or salary you have lost due to being unable to work due to the injury. It may also include any future loss of earnings if the injury has resulted in a permanent disability that affects your ability to work.
Property damage: This includes the cost of repairing or replacing any property that was damaged as a result of the accident or injury.
Travel expenses: This could include taxi fares and any other transport costs to get to and from medical appointments or therapy sessions.

To find out more information about how much compensation you could be entitled to, take a look at our compensation calculator. Alternatively, you can have your case assessed during a free consultation by calling 0800 470 0474 or using our simple online claim form to receive a call back.

What is the time limit for making a rotator cuff injury claim?

The standard time limit for making a rotator cuff injury claim is three years from the date of the accident or injury. This means that you must start legal proceedings within three years of the date of the accident or injury, or you may lose your right to make a claim.

However, there are some exceptions to this rule. For example, if the injured person was under 18 at the time of the accident, the three-year time limit does not begin until their 18th birthday. Similarly, if the injured person lacks the mental capacity to make a claim, the time limit may not apply until they regain the capacity to do so.

In both of the above scenarios, a close friend or family member could make a claim on behalf of the person that has been injured. To do this, they would need to be appointed as their litigation friend, which gives them the legal authority to act on their behalf.

If you have a torn rotator cuff as a result of a criminal assault, you would have a time limit of two years to make a claim through the Criminal Injuries Compensation Authority (CICA).

As the time limit can vary depending on the circumstances of your case, if you are considering claiming a rotator cuff injury, it is best to get the ball rolling as soon as possible. This is because missing the deadline could result in you losing your right to make a compensation claim.

Can I claim rotator cuff injury compensation using no win no fee?

If you have a valid rotator cuff injury claim, the solicitors we work in partnership with will offer you a “no win no fee” service. This means that you will not have to pay any legal fees upfront, and you will only be charged a fee if your case is successful. If your solicitor cannot win your claim, you won’t have to pay them a penny.

A no win no fee agreement is highly beneficial as it enables you to pursue your claim without the financial risk and stress of paying for legal fees upfront. It also ensures that the solicitor has a strong incentive to work hard on your case, as they only get paid if they win.

If you win your case, your solicitor will receive a percentage of the compensation awarded to you as their success fee. This percentage is capped at a maximum of 25% and will be thoroughly discussed with you before agreeing to the no win no fee service.

To speak to a trained legal adviser about making a no win no fee rotator cuff injury claim, call free on 0800 470 0474. Alternatively, enter your details into the contact form below, and a friendly adviser will be in contact to discuss your claim.