Neck and Shoulder Injury at Work

A neck and shoulder injury at work can have serious consequences both physically and emotionally. An injury of this kind can also affect your financial stability if your inability to work means a loss of earnings. A neck and shoulder injury can also have a long-term impact on your day to day life depending on its severity.

If you have suffered a neck and shoulder injury at work through no fault of your own, you could meet eligibility for compensation. Beacon Law can start your claim today on a no-win, no-fee basis, contact us today to discuss with one of our personal injury solicitors.

 

Common accidents that can lead to neck and shoulder injury at work claims

Neck and shoulder injuries commonly occur as a result of poor safety regulations and unrestricted hazards. These can range from conditions such as whiplash to more serious conditions such as damage to the cervical spine and potential paralysis. Listed below are some common causes of injuries that lead to neck and shoulder injury claims:

Powered Machinery Accidents

• Regular use of powered machinery, for example, in a factory or in construction, can leave employees susceptible to the vibration which these machines emit. This can cause a shoulder or neck injury. 

• Machinery Malfunction. Additionally, if machinery is left unchecked or unsecured, it is more likely to cause injury. Proper machinery regulations should always be followed, and frequent checks should be performed by employers. 

• Entanglement. Items which are potentially hazardous, such as items of clothing or hair, can easily become trapped in machinery, causing severe injury.

 

Improper pushing, lifting, and handling technique

• Your neck and shoulders are incredibly delicate; the primary function is often to support actions we may take with our hands, for example, pushing and repetitive lifting. 

• Heavy loads require specific techniques to ensure no injury occurs to the body; if this is not followed, neck injuries can occur. Employees should never risk an injury by trying to carry more than they are capable of.

• Poor posture whilst completing handling or lifting tasks during work can cause pain and suffering. Constant poor posture can become a long-term issue that, after time, gets worse. 

• Repetitive positioning such as an office worker crouched over a desk or factory packers stationed at a small workstation repeating the same motions day in and day out, can take a toll and lead to chronic neck and shoulder injury.

Driving accidents

• If working a job where driving is a significant part of the role, employers should take precautions to ensure the safety of the driver, assessing any hypothetical hazard that may lead to a driver experiencing a road traffic accident under company time.

Falls

• A fall at work can cause serious damage and can lead to a range of injuries. Undertaking tasks at unsafe heights or on a hazardous floorspace can cause a nasty fall.

Human error and negligence

• Co-worker Mistakes: It is not always the case that you are the first party involved in the accident; co-worker negligence, improper tool handling, and failure to follow safety protocols can be the cause of your injury.

 

The Employers’ Responsibilities

At every workplace, safety should be a top priority to protect employees from suffering an injury. It is an employer’s responsibility to provide a safe workplace and prevent any risk to health.

The Health and Safety at Work Act 1974 delegates a duty of care to your employer; they, therefore, must always provide the appropriate training and sufficient equipment to enable you to complete duties safely. Any accidents that occur at work must be reported to the Health and Safety Executive.

Suffering from an accident at work due to employer failings where safety is concerned grants an employee the right to submit a workplace injury claim.

After I have suffered a neck or shoulder injury at work, how do I make a claim?

An initial consultation with our specialist injury solicitors will include specific legal advice regarding your neck and shoulder workplace injury and will lay out and assess any limitations which may hinder your claims process. We may gather details of the accident and the effect it has had on you physically and financially to determine whether the claim may be successful.

As part of the claims process for a neck and shoulder injury at work, evidence should be gathered, such as:

• Any CCTV footage of the incident, time, and accident scene
• Accident reports made by the employer.
• Photographs of your injury(s)
• Medical records
• Witness statements

Your solicitor may suggest it is beneficial to undergo a formal medical examination so that medical reports can be obtained. These can be crucial to the success of your neck and shoulder injury claim as it can provide thorough evidence of injuries sustained by your accident.

 

What are the time limits involved?

An important thing to remember when starting your claim is that from the date the accident occurred, you will have three years to commence proceedings for claiming compensation.

However, there are notable exceptions to this rule; for example, if the claimant was below the age of 18 at the time of the injury, they will have until their 21st birthday. Another exception may be made if the injury leads to mental incapacity, in which case the claim period will begin once they have regained the ability to participate mentally.

 

How much compensation could I receive for a neck and shoulder injury at work?

Estimated compensation for an injury to the neck or shoulder is usually calculated by combining many factors, including the severity of the case and income lost. The compensation amount is split into two categories:

General Damages

General damages will compensate for the pain and suffering caused by the injury, depending on:

• Neck Injuries: The severity of the neck injury will determine the compensation amount and whether the injury will provide a lifelong inconvenience or can be improved over time.
• Shoulder injuries: Compensation will be calculated depending on the severity of which the shoulder injury impacts day-to-day life.

 

Special Damages

Special damages will cover finance expenditure in relation to the injury. These include:

• Medical expenses incurred (over the injury timeline)
• Physical therapy and costs for rehabilitation
• Costs of any changes made to support you in your home and your workplace after the injury

Estimated Compensation:

Although it is wise to bear in mind that a final decision on compensation awarded can vary and will depend on many contributing factors, an average range of compensation to be expected is:

Neck Injury:

• Mild neck injury: £1800 – £6,200
• Moderate neck injury: £29,600 – £42,300
• Severe neck injury; £35,500 – £112,450

Shoulder Injury:

• Mild shoulder injury: £350 – £6,700
• Moderate shoulder injury: £6,250 – £9,750
• Severe shoulder injury: £9,500 – £37,000

The amounts listed above are extracted from the Judicial Board Guidelines and should only be viewed as a guide. In the event you contact us regarding a neck and shoulder injury claim, an accurate settlement will be negotiated with the Defendant based on a valuation of the severity of your injuries.

How can Beacon Law assist?

At Beacon Law, our team holds specialised experience in personal injury claims such as shoulder or neck injury claims. We have supported many clients in gaining compensation for injuries that have occurred at work. To discuss a potential claim or if you have any questions regarding the amount of compensation you may receive from a claim, our team can provide you with assistance.

To request an initial consultation, complete our online help form and one of our team members will be in contact to discuss your case. You can also contact us by calling 0330 1332 857. We offer a no-win no-fee service and are confident we can help you reach the result you deserve.

Beacon Law is authorised by the Solicitors Regulation Authority.