Shoulder Injury Compensation Payouts Australia – NSW
If you’ve sustained a shoulder injury at work, in a car accident or in a public place, you might be entitled to compensation. In this article, we look at shoulder injury compensation payouts in Australia (NSW), typical settlement amounts and how to make a successful claim.
When are you entitled to a shoulder injury compensation payout in Australia?
In NSW, compensation is available for shoulder injuries sustained in the following circumstances:
- Shoulder injury at work – if you’re injured while doing your job, you might be able to claim compensation under the workers compensation scheme, also known as a WorkCover claim.
- Shoulder injury from a motor accident – if you sustain a shoulder injury as a driver, passenger, pedestrian, cyclist or motorcycle rider, you might be entitled to claim compensation through the CTP insurance scheme.
- Shoulder injury from an accident in a public place – for example, if you slip and fall in a supermarket or trip over a hazard in a shopping centre.
WorkCover payouts for shoulder injuries
There are two types of possible WorkCover payouts for shoulder injuries. These two payouts relate to:
- Your level of impairment – you might be able to claim a lump sum for permanent impairment if your injury equates to at least 11% whole person impairment.
- If your injury was caused by employer negligence, you might also be entitled to a lump sum for damages. The lump sum for damages is determined by how much time you need off work and how much time you will need off work into the future.
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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, 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 insurer, and including his lump sum payout for permanent impairment, Chris was awarded a total payout of $410,000.
What’s the impairment rating for shoulder surgery?
Workers compensation shoulder injury settlements are based on whole person impairment ratings. Impairment rating is measured on a scale of 0-100% and is assessed by a doctor using NSW compensation guidelines. Shoulder surgery would typically indicate an impairment rating in the range of 11-30%.
What’s the average workers compensation settlement for shoulder surgery?
An impairment rating in the range of 11-30% would equate to a permanent impairment lump sum payout in the range of $24,580 to $85,570.
It’s important to remember that a permanent impairment lump sum payment is in addition to any weekly workers compensation benefits you’re entitled to for lost wages and treatment expenses.
How much compensation will I get for a rotator cuff injury?
A rotator cuff shoulder injury settlement is determined by several factors, including:
- Your level of whole person impairment (WPI) which incorporates any surgery you have undertaken
- Whether your injury was caused by your employer’s negligence
- The amount of income you’ve lost through time off work
For example, looking at the case of factory worker Chris (mentioned earlier), his WPI was determined to be 20%, which meant he was entitled to a permanent impairment lump sum payment of $53,470 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:
|Week benefits (lost wages and treatment expenses)||$47,500|
|Permanent impairment lump sum||$53,470|
|Work injury damages lump sum||$309,030|
This result illustrates how compensation amounts can vary considerably. If Chris’ employer hadn’t been found negligent, his total compensation would have been $100,970. If his WPI had been assessed as 10%, he wouldn’t have qualified for permanent impairment and his compensation would have been $47,500.
This also illustrates the importance of having a good workers compensation lawyer looking after your shoulder injury compensation claim, to make sure your injuries are assessed correctly and to fully investigate issues like employer negligence.
How do you successfully claim shoulder injury compensation payouts in Australia?
It’s possible to make a claim without using a lawyer, however it’s important to understand that you’ll be making your claim against an insurance company that does have lawyers on its side. So, you’ll have a much better chance of success and you’re likely to get a much better compensation payout with good a compensation lawyer on your side.
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 your claim on a ‘no win, no fee’ arrangement, so there’s no risk to you. For more information, read our guide to workers compensation claims.
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