Shoulder Subluxation: How your solicitor calculates a compensation payout for a partially dislocated shoulder
Shoulder subluxation / partial dislocation compensation claim: Find out in a Q & A the evidence your solicitor needs to show how much a dislocated shoulder claim is worth with examples of compensation for pain and suffering.
Shoulder subluxation injury question
I am currently being assessed by a consultant concerning a shoulder injury I obtained a month ago whilst at work.
I was clearing items from the floor in the factory where I work when a large box weighing 20 or 30 kilos fell from the top of a shelf as I was crouched down and me with full force on my shoulder. I later found out that the shelf was unstable and this was known at work, but had yet to be replaced. This is what had caused the box to fall.
The accident was witnessed by a supervisor and an entry was made on the accident book and the shelf was quickly replaced.
I was in a great amount of pain which lasted for a while. I however continued to work and expected the shoulder pain to just go away.
By the a month had passed I found the pain had changed and I was in excruciating pain almost every time I went to work in the factory.
I saw a physiotherapist who assessed me and diagnosed subluxation of the AC joint to be the issue. I had a full course of physiotherapy, however it didn’t help with the pain. I was referred to my consultant who administered a cortisone injection after taking x-rays which confirmed the shoulder subluxation.
The cortisone was unsuccessful at easing the pain and so as he suspected I may have also ruptured ligaments and so he arranged an MRI.
I will see him next week about these results, however he has already explained that the only option now will be surgery followed by physiotherapy to hopefully regain full use of my shoulder and alleviate the pain.
My work union put me in touch with their lawyers regarding compensation claims, and my employer has already accepted liability to them for the accident.
The solicitors are currently waiting for their medical specialist to come back with details for them to further act. Unfortunately, I haven’t been happy with their service at all so far.
I appreciate until the surgery is arranged and completed that it is difficult to act, however just general mistakes with admin tasks and lack of information have led me to consider using a different firm.
Also, I was wanting to try and find out an estimate figure of how much I can expect to receive in compensation for this type of injury. For now they refuse to give any details at all.
As I say I appreciate that without full diagnosis/treatment completed it isn’t going to be possible to give an exact figure, but I am looking for any information… just as a ballpark figure. I’ve currently missed around 1 month of work and likely to be another 2-3 after surgery.
I have so far received my full basic salary, however I am still losing around £1,000 a month in overtime pay and I am due shortly to only receive SSP, which will mean I will lose a further £2,500 per month.
As you can imagine as it stands money is creating some stressful times and being aware of what figure I would be working towards with the right legal representation would go some way to being able to plan on rebalancing my financial situation.
Any help or information you can provide would be hugely appreciated.
Shoulder Subluxation Compensation Calculations – Solicitor Response
From the details you have supplied it seems the issue of liability (legal fault) is not a problem as you have indicated your employer have accepted liability.
Looking solely at the issue of quantum (how much a claim is worth) – you should note that until the independent medical evidence is complete it is not possible to give you an accurate estimate as to how much your claim is worth. The primary reason being – it is the prognosis (the opinion of the medical expert as to overall recovery time or future disability), which is the essential factor in calculating the amount of compensation for pain and suffering, which will be added to financial losses you are specifically incurring both now and until recovery occurs.
Once the medical evidence is complete you can use our shoulder dislocation claim article for a full explanation of the two types of shoulder dislocation – a luxation (full dislocation) and a shoulder subluxation (partial dislocation) – together with regular updates of compensation amounts (currently your likely payout for pain and suffering is between £11,000 – £42,000 for pain and suffering).
In addition, to the compensation for pain and suffering (general damages) there will no doubt be a significant claim for lost income and other financial losses (special damages).
See our article setting out the difference between general damages (pain and suffering) and special damages (financial losses).
Your lost income alone is soon to be in the region of £3,500 per month and despite an optimistic recovery expert given by your treating doctors following surgery – it could well be that your return to work might be slow and you may have permanent limitations affecting your ability to work (and so your earning capacity).
The medical expert should also comment on your ability to work both before and after surgical intervention and even if a full return to work is possible – the issue of disadvantage on the open labour market must be considered.
Online Solicitor Help
Should you wish to discuss any other points concerning your claim or calculating compensation amounts for a shoulder subluxation injury take a look at our online solicitor help options.