If you suffer from a shoulder injury it can negativity impact your daily life. It also impacts your job. Should injuries, are very painful and can result in restricted movement, and even long-term disability. In the Australian Capital Territory (ACT), you are entitled to compensation for shoulder injures. However, the compensation is only given on the shoulder injures which occurs in result of workplace incidents, motor vehicle accidents, or public liability incidents
Before making compensation claim it is important that you know that whether you are eligible for compensation. It is also important to know how the claim process works. Before making the compensation claim, you should also know the minimum and maximum amount you can get against your claim/.
What are some common causes of shoulder injures?
At construction sites, offices, and warehouses, injuries may occur as a result of excessive manual lifting, a repetitive strain over time, or falling. Dislocations of shoulders, broken bones, or soft tissue damage may result from high impact vehicle’s motor accidents. Hazard public liability claims are typically made when a person is injured because of dangerous conditions in public facilities like shopping centers or footpaths. Injuries in professional sports or due to undue carelessness are not always compensatable, but they may be.
Types of Shoulder Injuries Eligible for Compensation
Some of the most frequent injuries to the shoulder that may require reimbursement include rotator cuff degenerative tears, which are injuries to the muscles and tendons that support the shoulder. Dislocations and fractures are Also commonplace, usually needing surgery and prolonged rehabilitation. Frozen shoulder (adhesive capsulitis) is another difficult condition for people suffering from this disorder, which is almost totally immobilizing and very painful. Bursitis and Tendonitis can also stem from repetitive strain of soft tissues around the shoulder and may result in chronic pain. In more drastic situations, damage may result from trauma or prolonged compression of a nerve, leading to more serious disability.
Legal Pathways for Compensation
There are several legal avenues available for seeking compensation for shoulder injuries in the ACT, including:
1. Workers’ Compensation
If your shoulder injury occurred at work, you may be eligible for compensation under the Workers Compensation Act 1951 (ACT). Workers’ compensation provides financial support for:
Medical expenses
Rehabilitation costs
Lost wages
Lump sum payments for permanent impairmen.tTo make a claim, you must report the injury to your employer as soon as possible and obtain medical documentation. Insurers will then assess your claim and determine the level of compensation you are entitled to.
2. Motor Accident Injuries Scheme
Shoulder injuries sustained in a car accident may be covered under the Motor Accident Injuries Act 2019 (ACT). This scheme allows injured individuals to claim benefits for treatment, income support, and, in some cases, lump sum compensation for permanent impairment.
Unlike previous schemes, the ACT’s motor accident compensation system focuses on early treatment and rehabilitation rather than prolonged legal disputes. However, if the injury results in significant impairment, a common law claim may still be pursued for additional damages.
3. Public Liability Claims
If your injury occurred due to someone else’s negligence in a public or private space, you may have grounds for a public liability claim. These claims cover incidents such as slips and falls in shopping centres, poorly maintained footpaths, or hazardous conditions in rental properties.
To succeed in a public liability claim, you must prove that:
A duty of care was owed to you.
That duty of care was breached.The breach directly caused your injury.
4. Total and Permanent Disability (TPD) Claims
If your shoulder injury has resulted in permanent disability, you may be eligible to claim benefits under your superannuation’s Total and Permanent Disability (TPD) insurance. These claims provide lump sum payments if you are unable to return to work due to the severity of your injury.
How Much Compensation Can You Receive?
The amount of compensation awarded depends on several factors, including:
The severity and permanency of the injury.
Medical expenses and rehabilitation costs.
Loss of earnings and future earning capacity.
Pain and suffering (for eligible claims under common law).
Compensation amounts vary widely. Minor shoulder injuries may result in claims of a few thousand dollars, while severe, life-altering injuries could lead to six-figure payouts.
Steps to Take After a Shoulder Injury
If you have suffered a shoulder injury and believe you are entitled to compensation, follow these steps to strengthen your claim:
Seek Medical Attention: A medical professional will assess your injury and provide documentation, which is essential for your claim.
Report the Incident: If the injury occurred at work, report it to your employer. If it resulted from a motor vehicle accident or public liability incident, notify the relevant parties.
Gather Evidence: Take photographs of the scene, obtain witness statements, and keep records of all medical expenses and treatments.
Consult a Lawyer: A personal injury lawyer experienced in ACT compensation claims can provide legal advice, assess your case, and guide you through the claims process.
Lodge a Claim: Submit your claim within the required time limits. In most cases, strict deadlines apply, so it’s important to act promptly.
Time Limits for Lodging a Claim
Different types of compensation claims have varying time limits in the ACT:
Workers’ Compensation Claims: Generally, claims should be made within six months of the injury.
Motor Vehicle Accident Claims: Claims must be lodged within three years of the accident.
Public Liability Claims: A claim should be filed within three years of the injury.
TPD Claims: Time limits vary based on your superannuation policy.Failing to lodge a claim within the required timeframe may result in losing your right to compensation.
Why Seek Legal Assistance?
Compensation claims, particularly those involving serious injuries, can be complex and time-consuming. Seeking legal advice can help you:
Understand your rights and entitlements.
Navigate the legal and insurance processes.
Maximise the compensation you receive.
Avoid common pitfalls that may weaken your claim.
Many personal injury lawyers in the ACT offer no-win, no-fee arrangements, meaning you only pay legal fees if your claim is successful.
Shoulder injuries can impact work productivity and daily activities while diminishing one’s quality of life. If you have a shoulder injury resulting from your work, a motor vehicle accident or negligence in a public place, you may qualify for some sort of compensation.
Having a claim’s understanding and its restrictions is crucial for success, and getting proper advice improves chances for success. For people unclear about their potential, talking to compensation lawyers from the ACT who have real business experience can make things easier for them.
If these decisions are taken on time they will speed up the recovery process and improve financial stability while guaranteeing the appropriate compensation.
Read next: Tradesmen Compensation Claims Made Simple: What You Need to Know
United Legal Canberra is here to assist you with your shoulder injury claims. Our lawyers will help you in each step of your claim so that you don’t have to worry about the legalities.
Contact our representative today for a free consultation. We will review your insurance needs and take prompt action on your behalf. For more information, call us at (02) 8355 9111 or email us at admin@unitedlegal.com.au. Scheduling an appointment takes just a few minutes.
