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Shoulder Injury Compensation Payouts Australia – NSW.

Shoulder Injury Compensation Payouts Australia – NSW.

Shoulder injuries can be caused by accidents such a falls, collisions, and sudden overexertion, but they can also develop over time from repeated lifting or manual work, or conditions like arthritis.

Depending on what caused your shoulder injury and how it affects your ability to work, you might be entitled to claim shoulder injury compensation. In this article we explain everything you need to know about shoulder injury compensation payouts in Australia, how to tell if you’re eligible to claim, and how to claim your full entitlements, including any lumps sums available to you.

When are you entitled to a shoulder injury compensation payout in Australia?

In NSW, there are a number of situations where you might be entitled to compensation for your shoulder injury:

WorkCover payouts for shoulder injuries.

If you’ve injured your shoulder at work, you can claim workers compensation (WorkCover) weekly payments to compensate you for lost income while you’re off work, as well as any medical and care expenses you’ve incurred. But there are two additional WorkCover payouts for shoulder injuries you might not be aware of:

These lump sum payment for shoulder injury can be substantial, so it’s important to find out whether you’re entitled to them.

What’s the average workers compensation settlement for shoulder surgery?

It’s a common question, and while there’s no official data for average workers compensation shoulder injury settlements, your settlement can be estimated based on your permanent impairment rating.

For work-related injuries that require shoulder surgery, here’s a basic summary of how your total settlement amount would be calculated:

  1. Work out how much you’ve lost in wages by being off work
  2. Add all the medical expenses you’ve incurred, including the cost of travel and home help you’ve needed
  3. Have your degree of permanent impairment assessed by an approved doctor
  4. Your permanent impairment lump sum settlement will be calculated based on the table below
Degree of permanent impairmentCompensation range
0 – 10%$0
11% – 20%$22,480 – $53,970
21% – 30%$51,880 – $86,370
31% – 40%$83,040 – $139,760
41% – 50%$131,440 – $193,160
51% – 60%$242,010 – $341,270
61% – 70%$376,030 – $489,280
71% – 74%$510,040 – 563,270
75% – 100%$577,050 – $637,290
Updated 20/5/2022

Remember, if your employer’s negligence caused your accident, you might also be entitled to an additional lump sum payment for your shoulder injury – this is called work injury damages.

Find out how much you can claim.

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What’s the average impairment rating for shoulder surgery?

Shoulder surgery would typically indicate an impairment rating in the range of 11-30%.

Impairment rating is measured on a scale of 0-100% and is assessed by an approved doctor using NSW compensation guidelines. The doctor’s clinical assessment will take into account your relevant medical history and all available medical information to determine:

So, while the average impairment rating for shoulder surgery is in the 11-30% range, your impairment rating will need to be assessed, taking into account all of the factors listed above.

To find out more about how much you can claim, you can call 13 15 15 and speak to a specialist personal injury lawyer. There’s no cost for this service.

Here’s an example of a WorkCover payout for a shoulder injury:

Factory worker Chris, 44, suffered a horrific shoulder injury when he got his foot stuck in a small pothole while walking on the factory floor. Chris suffered a complete shoulder dislocation and torn rotator cuff and damaged his brachial plexus (a network of nerves in the shoulder) which resulted in partial paralysis in his right arm. 

Chris’ solicitor investigated the accident and after interviewing several staff members, discovered there were three official staff complaints made about the pothole to management prior to Chris’ accident, but management failed to take any action to eliminate the hazard. Considering this evidence, Chris’ solicitor sued his employer for damages.  

The matter went to mediation where Chris’ solicitor settled with the employer’s insurer, and including his lump sum payout for permanent impairment, Chris was awarded a total payout of $572,000.  

How much compensation will I get for a rotator cuff injury?

A rotator cuff workers compensation settlement is determined by several factors, including:

As an example, let’s look at the case of factory worker Chris. Although he had other complications, his case is indicative of a typical settlement for a rotator cuff injury at work. His rotator cuff tear impairment rating was determined to be 20%, which meant he was entitled to a permanent impairment lump sum payment of $53,970 in addition to the amounts he had been receiving for lost wages and treatment. Then when his employer was found to be negligent, he was awarded an additional damages lump sum. So, his total compensation consisted of:

Compensation PaymentAmount
Weekly benefits (lost wages and treatment expenses)$209,500
Permanent impairment lump sum$53,970
Work injury damages lump sum$309,030
Total Compensation$572,000

This result illustrates how compensation amounts can vary considerably. If Chris’ employer hadn’t been found negligent, his total compensation would have been $262,970. If his shoulder impairment rating had been assessed as 10%, he wouldn’t have qualified for permanent impairment and his compensation would have been $209,500.

This also illustrates the importance of having a good workers compensation solicitor looking after your shoulder injury compensation claim, to make sure your injuries are assessed correctly and to fully investigate issues like employer negligence.

What is the average rotator cuff tear impairment rating?

A rotator cuff tear that requires surgery would typically indicate an impairment rating in the range of 11-30%.

But again, your rotator cuff tear impairment rating will need to be assessed by an approved doctor, taking into account your medical history, pre-existing conditions, whether you’ve reached maximum medical improvement, and the degree of permanent impairment that has resulted from your injury.

How do you successfully claim shoulder injury compensation payouts in Australia?

The key to getting your full entitlements is having your shoulder injury assessed thoroughly. It’s also important to include the impact your shoulder injury has had on your overall health. For example, if your shoulder injury has caused you to overcompensate with your other arm, causing additional injury, then that injury should also be considered in your settlement.

It’s also important to look at whether your employer’s negligence contributed to your injury, as this can make a substantial difference to your entitlements.

You can call 13 15 15 to get free advice on your claim. If you decide to engage Law Partners to At Law Partners, we have legal teams that specialise in worker’s compensation claims, and we win over 99% of our cases. You can call 13 15 15 to get free advice on your claim. If you decide to engage Law Partners to handle your claim for you, we’ll run it on a ‘no win, no fee’ basis, and fund your costs and medical assessments for you.

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