Shoulders are among the most complicated, overworked joints in the human body, and they’re responsible for many difficult, awkward or repetitive tasks for workers in many fields.

If you’re a builder, forklift driver,  storeman and packer, even a seasonal worker picking fruit, or in any job involving manual labour in New South Wales, your shoulder’s function and health can be affected by a traumatic injury or repetitive motion or on-the-job strain. For this reason, shoulder injuries tend to rate highly in workplace injury claims.

If You Cannot Work Due to a Shoulder Injury

A workplace shoulder injury can severely affect your ability to perform your tasks and may be a reason to seek workers’ compensation. Shoulder injuries are rated highly by the NSW State Insurance Regulatory Authority (SIRA) since they are such an integral part of the body, with “reduced shoulder movement” seen by most as a permanent impairment.

Depending on the severity of the injury or shoulder impairment, you may be entitled to a permanent impairment benefit or shoulder injury workers’ compensation claim through your employer’s workers’ compensation insurance.

The Road to Compensation for a Shoulder Injury

If you injure your shoulder at work, you must report it to your employer as soon as possible after it occurs and give them the time and date on which the injury occurred, or when the injury emerged. Also, a clear description of the injury and how it occurred. If you want to do so you can notify your employer’s insurance company.

Your employer has 48 hours in which to notify their insurer.

In NSW, make a claim within six months from the date of your injury to claim compensation. In the case of a death, also within six months. However, the time limit may be longer in some circumstances, for instance:

  • In situations where the injured person is absent from NSW or has made an honest mistake, a claim may be made up to three years after the incident or accident.
  • Should there be a reasonable cause for a delay, the same applies in the case of a death or serious and permanent impairment, although here a claim may be made with SIRA approval after more than three years have passed since the accident.

It’s best to lodge your claim early and obtain legal advice from PK Simpson, especially if you are outside the six-month period. In any case, it’s crucial that you get legal advice as soon as you can after you have injured your shoulder.

Shoulder Injury Compensation Claims

Shoulder injury claims vary, but if you’ve sustained a workplace injury to your rotator cuff, upper arm bone or any shoulder injury mentioned below, call PK Simpson.

If you’re finding it difficult to get the compensation or benefits you should receive, get in touch with PK Simpson workers’ compensation lawyers today for a free, no-obligation consultation. We know how time-consuming and stressful it can be to navigate the legal processes and bureaucracies to obtain workers’ compensation, so don’t go it alone. We’re here to help you win the compo you are eligible to receive.

Common Workplace Shoulder Injuries

Workers can suffer a wide range of shoulder injuries on the job in NSW and elsewhere, especially those that require manual labour such as construction, agriculture, factories, retail and manufacturing. Shoulder fractures are not uncommon, and rotator cuff injuries, dislocations, sprains and strains can happen to any worker, whether they’re loading trucks with heavy equipment or operating a front-end loader.

Office workers are not immune to a shoulder injury, either, often due to repetitive tasks, especially in a non-ergonomically sound workspace. Some workers suffer from bursitis, which is a painful inflammation of the bursa, and shoulder sprains and strains also make up the list of injuries workers suffer.

If you have sustained any workplace shoulder injury either in a sudden accident or repetitively over time, you may be entitled to claim workers’ compensation. Contact PK Simpson’s personal injury lawyers today.

Workers’ Benefits as Part of Compensation Claims

Whether your torn rotator cuff, dislocation or other shoulder injury has presented over time or as a result of sudden trauma, your shoulder impairment can have a negative impact on your overall well-being.

Rotator cuff injuries, for instance, can be difficult to treat and take a long time to heal and can affect your ability to work in your usual job or in any kind of work. Surgery may be necessary for many types of shoulder injuries, all of which add to their high rating in compensation claims.

SIRA Rating of Shoulder Pain

Under the guidelines, a shoulder replacement has a high assessment. All surgeries below a shoulder replacement come in under depending on range of motion, pain and how it affects your activities of daily living.

According to SIRA, the AMA5 Chapter 18 guideline on pain is excluded and advises that any conditions associated with chronic pain should be assessed on the underlying diagnosed condition, rather than on the chronic pain. An allowance is made in the guidelines regarding the degree of impairment where pain is commonly associated with a condition. In the guidelines, complex regional pain syndrome is to be assessed in accordance with the evaluation of permanent impairment arising from chronic pain.

It’s important to make your GP aware of any pains you are feeling as these comments in clinical notes will become an important part of evidence further down the track.

The Usual Compensation For an Injured Shoulder

Your workers’ compensation claim should include medical and shoulder injury-associated hospital and other treatment costs, including rehabilitation and retraining. The claim should also include reimbursements for lost wages, and you may also be entitled to a lump sum payment for any permanent shoulder injury.  It also includes expenses for treatment associated with your shoulder injury and weekly payments for any lost wages. And should your shoulder injury have any permanent impact on your ability to work, your workers’ compensation claim may result in a lump-sum payment as your permanent impairment benefit.

Workers Who Can Claim Shoulder Injury Compensation

If you have injured your shoulder at work and cannot fulfil your daily tasks or cannot work at all, you may be entitled to claim workers’ compensation. Those who can make compensation claims for a shoulder injury or any other type of injury include:

  • Permanent employees
  • Full-time employees
  • Part-time employees
  • Casual employees
  • Subcontractors (in most cases)

As part of your workers’ compensation claim, you may receive:

  • Medical, hospital, travel and rehabilitation expenses.
  • Weekly payments to cover lost wages.
  • A lump sum payment for severe injury where your Whole Person Impairment (WPI) is assessed at over 10 per cent.

Seek Strong Legal Advice Before Claiming Compensation

At PK Simpson, we know the weekly payment to cover lost wages, medical expenses and so on, plus the sum you may receive for permanent impairment due to your shoulder injury, probably won’t be enough to fully compensate you for all you’ve lost. So we urge you to seek strong legal advice before lodging your compensation claim.

Our compensation experts can discover possible extra entitlements, including Income Protection, Total and Permanent Disability, and Employer Negligence. Our personal injury and compensation lawyers have steered countless clients through the compensation process to win successful claims for shoulder injuries at work.

We can guide you through the workers’ compensation maze and explain how your injury is assessed by specialist doctors who will evaluate your injury and level of impairment. Put simply, the doctor writes a report and your case for permanent impairment is decided.

Shoulder Injury Compensation Claim Time Frames

There are many factors involved in the length of time it takes to conclude a workers’ compensation claim for a shoulder injury and to reap the benefits you are entitled to receive.

These factors include the severity of your shoulder injury, the necessary treatment (including surgery) and more importantly, how expertly your claim is prepared. Generally, after your condition has stabilised, most claims are completed within one year but there are ways to speed things up.

Gathering Information and Evidence

To better understand your injury and the impact it has on your life, your PK Simpson lawyer might have to get medical information from your treating doctors. Co-workers and witnesses to your accident or incident may also be asked for help so we can understand how your injury occurred. Family members or friends may also be asked to help us find out how your injury affects your life.

Your knowledgeable lawyer at PK Simpson will make certain your claim meets all the requirements of the insurer and will challenge any medical or other evidence the insurer provides. Actions such as these ensure your shoulder injury claim has a much higher chance of acceptance.

Why You Should Call PK Simpson Lawyers Today

You have every right to hire a compensation lawyer when lodging your claim for a permanent impairment benefit for the shoulder injury you sustained at work. Our lawyers have a wealth of experience in matters of workers’ compensation claims and benefits, and we know all the tricks the insurers play so we can guide you through the process from filling out the form to the final result.

We act as your go-between, speaking with WorkCover on your behalf so you can continue with your recovery stress-free. And if your claim is denied the first time around, or you’re not satisfied with the entitlement you are offered, we won’t give up there. We can dispute it and work hard to get you a better outcome.

Our thorough preparation of the evidence we’ve gathered for your compensation claim means your case may well be settled on the court steps rather than before a judge. However, should the insurer baulk at paying all your entitlements and benefits, we can always lodge your shoulder injury compensation claim with the relevant tribunal. If this should occur, you are still covered by our No-Win No-Fee policy.

Contact PK Simpson here or call 1300 757 467 so we can help to get your shoulder injury compensation and benefit payments happening right away.