6/2 Carson Road,
Malaga, WA 6090
Hundreds Of Customers Trust Foyle Legal
Common Shoulder Injuries and Shoulder Injury Claims
AC shoulder injury
A shoulder separation is an injury to the acromioclavicular (AC) joint on the top of the shoulder, where the collarbone (clavicle) meets the highest point of the shoulder blade (acromion). An injury to the AC joint shoulder injury is common, often caused by a blow to the shoulder, or a fall onto an outstretched hand.
Dislocated Shoulder Injury
Dislocated shoulder problems are commonly caused by: shoulder impact injury, repetitive strain injury shoulder, multidirectional instability shoulder.
Rotator Cuff Injury
Rotator cuff injury is a very common musculoskeletal issue. It is estimated that over 60% of the shoulder pain after injury is related to Rotator cuff injury. It is often caused by repetitive rotator cuff overuse. Painters, carpenters, construction workers, and anyone who routinely perform repetitive overhead duties are at higher risk of developing rotator cuff injury. Repetitive overhead activity or heavy lifting over a prolonged period of time may irritate or damage the tendon.
Frozen Shoulder Injury (also known as adhesive capsulitis)
Frozen shoulder injury can often be mistaken as rotator cuff injury. If you are suspecting a frozen shoulder injury, please consult a GP for an accurate diagnosis. The precises causes of frozen shoulder injury is unknown, it often occurred as secondary injury to a primary traumatic shoulder injury to those who recently had to immobilize their shoulder for a long period, such as after surgery or an arm fracture. For this reason, it is frozen shoulder injury is often referred to as post traumatic frozen shoulder.
Subacromial bursitis is often described by our clients as intense pain in your shoulder that worsens with movement.
The subacromial bursa is a small sac filled with fluid provides a cushion and reduces friction between the shoulder’s muscles and tendons and the shoulder blade bones.
When a subacromial bursa becomes irritated it may thicken and become swollen and this is subacromial bursitis.
One cause of subacromial bursitis is sometimes, an injury damages the bursa in your shoulder. Overuse can also cause damage. People who do a lot of overhead lifting and forceful pulling on the job are at risk.
Other Shoulder Injuries
Foyle Legal can often help you if you have a permanent shoulder injury or shoulder arm injury arising from an accident. Other commonly enquired shoulder injuries may include: shoulder collarbone injury and whiplash shoulder injury.
Compensation for Shoulder Injury at Work
Introduction to shoulder injury at work
If you suffered a rotator cuff injury, or any type of shoulder injury at work, you may qualify for WorkCover payouts for shoulder injuries, or commonly known as workers comp payout for shoulder injury claims. Please note that when considering a workers compensation lump sum settlement. It is important to consider all injuries you have suffered as a result of the work related injuries or work related illness. You should also consider what future medical needs you will have arising from your shoulder injuries at work.
If you have made a workers compensation claim in WA, please be sure to consult a good workers compensation lawyer to get an overall assessment of your shoulder injury claim. Foyle Legal offers a no obligation consultation to all workers with a valid WorkCover claim.
How Does a Workers Comp Claim Work?
Injured workers may claim work related injury compensation through the workers compensation scheme. Both work related injuries, such as shoulder injury, and work related illnesses are covered by the workers compensation scheme. Furthermore, If your workers compensation claim is disputed, you can bringing an application with WorkCover.
No fault Workers Compensation Claim
Workcover payouts for shoulder injuries are very common. For most workers, they only need to prove that the injury is a result of their employment, or occurred whilst following their employer’s instructions, in order to be qualified for no fault workers compensation payouts.
Workers compensation common law claims
In addition to no fault system workers compensation, both limited workers compensation common law claims, and unlimited common law workers compensation claims may be available to workers if they meet the impairment percentage threshold, elect to pursue common law damages before the termination date, and are able to prove that their injuries are caused by negligence of their employer.
Evaluation of permanent impairment is critically important for the purpose of determination of your eligibility for common law claims. It is often determined by a specialist medical legal doctor. Please be mindful that not all AMS medical centres are the same. You don’t have to agree with the opinion of the insurance doctor arranged for you by the workers compensation insurer.
If you are suing your employer for common law workers compensation, please be sure that you have a good workers compensation lawyer to provide you with legal advice as this is a very complicated area.
Foyle Legal compensation lawyers are experienced in representing workers at WorkCover and common law workers compensation. Call us to claim your no obligation consultation.
For more information about workers compensation claims in WA, please check out our Workers Compensation FAQ page.
How to Claim Workers Compensation?
The process for filing a workers compensation claim for shoulder injury at work is identical to other type of WorkCover claims. The following are the key steps on making a workers compensation claim:
- Report your workplace injury – in writing and as soon as practicable
- Seek medical help – report all symptoms, and as soon as practicable
- Get your First Certificate of Capacity
- Record the time, place and witness for your accident
- Submit a workers compensation claim form together with the first medical certificate to your employer in person or by registered post.
If you are unclear about how to fill out a workers compensation form, please check out this step-by-step instruction video on filling out workers compensation claim forms. This blog deals with how to submit a workers compensation claim for back injury, the steps for claiming compensation for workplace shoulder injury is identical to that for back injury at work.
How long do I have to claim workers comp?
In general, the best time to file workers compensation claim is when your memory is fresh.
There various workers compensation claim deadlines. Section 178 of the Workers Compensation and Injury management Act 1981 specifies a general period as to how long after an injury can you claim workers compensation. In WA, the workers compensation claim deadline is 12 months from the date of injury to make a workers compensation claim (though exceptions do apply). If you are wondering when is it too late to file workers comp, please use the 12 months deadline as a reference point and obtain legal advice specific to your situation.
Workers comp and pre existing condition
The definition of injury under the Workers Compensation and Injury management Act 1981 provides some cover for pre existing injury workers compensation. In order to be successful in a claim for workers compensation and injured person must fall within the definition which is:
the recurrence, aggravation, or acceleration of any pre-existing disease where the employment was a contributing factor to that recurrence, aggravation, or acceleration and contributed to a significant degree
The definition of ‘disease’ includes any physical or mental ailment, disorder, defect, or morbid condition whether of sudden or gradual development.
Please note that claiming compensation for old injury aggravated at work can be complicated and often disputed at WorkCover. It’s worthy to have a good workers compensation injury lawyer on your side if you have any pre existing conditions.
What is the average workers comp shoulder injury settlement
If you have an accepted workers compensation claim, workers compensation benefits may include the following:
- Workers compensation weekly payments – i.e, workers comp wages
- Payment for medical expenses and reasonable and necessary medical bills – i.e, hospital costs, GP costs, etc;
- Payment for care and assistance;
- Payment for vocational rehabilitation expenses;
- Payment for retraining if necessary; and
- Approved travel expenses.
In a workers comp shoulder injury settlement, an injured person will often receive a lump sum compensation payout for the above workers compensation benefits. The workers compensation settlement negotiation often occurs in WorkCover conciliation or prior to a WorkCover Arbitration. For no fault workers compensation claims, a workers comp payout for shoulder injury is subject to a maximum amount, which is set by Item 51, Schedule 2 of the Workers Compensation and Injury management Act 1981 (Impairment of arm at or above elbow). This amount, which is relevant to the workers comp settlement amounts for shoulder injury, in the year 1 July 2018 to 30 June 2019 is $205,476.00.
If you are claiming unlimited common law damages workers compensation. There is no maximum limit on the common law damages that you can be awarded.
Shoulder Injury Car Accident Compensation
Shoulder injury car accident compensation - an introduction
Shoulder injury from a car accident often arise as part of overall injuries, which can also include injuries to the arms, neck and back. It can also be a second injury after car accident due to over compensating other injury body parts. For example, people with whiplash injury may develop shoulder injury because they have been compensating for the neck muscles.
When assessing your overall compensation payout amount from a car accident, a shoulder injury settlement is often only part of the overall compensation package. The process of claiming shoulder injury compensation in a car accident, is the same as other motor vehicle accident injury claims. One of the most important factors to ensure you obtain fair compensation is for your injury is to ensure that you are aware and claiming for the full extent of your injuries – both primary injuries and secondary injuries.
If you have made a car accident injury claim in WA, call Foyle Legal for your no obligation consultation. We are specialists in motor injury claims, and we will ensure that you are claiming every injury that you are entitled to.
Shoulder Injury from Fall
Shoulder injury from fall - an introduction
Shoulder injury after a fall may result in several different types of injury compensation claims, depending how the trauma to shoulder from fall occurred. When facing a range of compensation options, it is important to be aware that some claims yield higher compensation payout than others, and some have different time limit to others. It is important that you choose the option that gets a better outcome for your personal circumstances.
If you want to find out what is a shoulder injury worth for you, call Foyle Legal for your obligation free consultation. We will guide you through a personalised action plan for you to get higher compensation payout.
Foyle Legal Provides Legal Services to all of WA
What suburbs in Perth does Foyle Legal provide legal representation to?
Looking for best personal injury lawyers near me in Perth for your shoulder injury claim? Foyle Legal provides legal presentation to Workcover claims, workplace injury claims, work accident claims, accident injury claims, and all personal injuries clients all over Perth. It includes but not limited to north of river, south of the river, Perth city areas, eastern suburbs, western suburbs and Fremantle areas.
North of the river – Northern Suburbs
Ballajura – Bassendean – Bayswater – Beechboro – Carine – Carramar – Clarkson – Connolly – Currambine – Dianella – Doubleview – Duncraig – Eden Hill – Edgewater – Embleton – Glendalough- Greenwood – Gwelup – Heathridge – Hillarys – Inglewood – Innaloo – Joondalup – Kallaroo – Karrinyup – Kingsley – Landsdale – Maida Vale – Malaga – Marangaroo – Mindarie – Mindarie Keys- Morley – Mullaloo – Munster – North Beach – Osborne Park – Padbury – Scarborough – Shenton Park – Sorrento – Trigg – Tuart Hill – Wanneroo – Warwick – Waterman – Wembley Downs – Woodlands – Woodvale – Yanchep
South of the River – Southern Suburbs
Alfred Cove – Applecross – Ardross – Attadale – Bateman – Beaconsfield – Beeliar – Bentley – Bibra Lake – Bicton – Booragoon – Bullcreek – Canning Bridge – Canning Vale – Cannington – Casuarina- Cockburn – Como – Coogee – East Victoria Park – Forrestdale – Gosnells – Jandakot – Karawara – Kelmscott – Kwinana – Melville – Mount Pleasant – Palmyra – Shelley – Spearwood – Success – Wattle Grove – Welshpool – Willetton – Wilson – Winthrop
Perth Inner City
Burswood – CBD/Northbridge – East Perth – Highgate – Leederville – Maylands – Mount Hawthorn- Mount Lawley – North Perth – South Perth – Subiaco – Victoria Park – West Leederville – West Perth – CBD – Kings Park – Northbridge – Perth
Ascot – Belmont – Carlisle – Kewdale – Newburn – Redcliffe – Rivervale
Churchlands – City Beach – Claremont – Cottesloe – Crawley – Daglish – Dalkeith – Floreat – Mosman Park – Mount Claremont – Nedlands – Swanbourne – Wembley
East Fremantle – Fremantle – Hamilton Hill – North Fremantle – O’Connor – South Fremantle
Does Foyle Legal provide Legal Representation to surrounding areas of Perth?
Yes, Foyle Legal extends legal presentation to all personal injury matters including shoulder injury claims to surrounding areas of Perth. This include but limited to Avon Valley, North Coast & Valleys, Peel areas, Perth Hills, Rottnest Island, and Swan Valley.
Avon Valley – New Norcia – Northam – Other Avon Valley Areas – Toodyay – York – Clackline – Wooroloo
North Coast & Valleys
Bindoon – Chittering – Gingin – Guilderton – Lancelin – Ledge Point – Lower Chittering – Moore River – Neeragabby – Upper Chittering – Wanerie – Woodridge
Mandurah – Peel Coast – Peel Inland – Baldivis – Barragup – Boddington – Dawesville – Dwellingup- Falcon – Greenfields – Halls Head – Karnup – Mandurah – Mandurah East – Meadow Springs – Pinjarra – Port Kennedy – Quindanning – Ravenswood – Rockingham – Rockingham Beach – Safety Bay – Secret Harbour – Serpentine – Shoalwater – South Yunderup – Wannanup – Waroona- West Pinjarra
Armadale Area – Bickley – Carmel Wine Region – Kalamunda Area – Mundaring Area – Other Perth Hills Areas – Serpentine – Jarrahdale Area – Armadale – Bedfordale – Bickley – Byford – Carmel – Chidlow – Darling Downs – Darlington – Forrestfield – Gidgegannup – Glen Forrest – Gooseberry Hill – Greenmount – High Wycombe – Hovea – Jarrahdale – Kalamunda – Karragullen – Lesmurdie – Mount Helena – Mundaring – Mundijong – Orange Grove – Parkerville – Paulls Valley – Pickering Brook – Roleystone – Stoneville – Wungong
Baskerville – Belhus – Bellevue – Brigadoon – Bullsbrook – Caversham – Ellenbrook – Guildford – Hazelmere – Henley Brook – Herne Hill – Middle Swan – Midland – Midvale – Millendon – South Guildford – Swan Valley – The Vines – Upper Swan – Viveash – West Midland – West Swan – Whiteman
Does Foyle Legal provide legal service to clients in Regional WA?
Yes, we service all of WA, including remote or regional areas of Western Australia.
Caiguna – Cocklebiddy – Madura – Mundrabilla – Esperance – Woody Island – Goldfields – Balladonia – Boulder – Broad Arrow – Coolgardie – Cue – Gwalia – Kalgoorlie – Kalgoorlie-Boulder – Kambalda – Kookynie – Laverton – Leonora – Menzies – Murchison – Norseman – Warburton – Hopetoun – Munglinup – Ravensthorpe – Wheatbelt – Bolgart – Broomehill – Caballing – Corrigin – Gnowangerup – Holleton – Hyden – Kulin – Lake Grace – Lake Yealering – Merredin – Mullewa – Narembeen – Narrogin – Nungarin – Wagin – Wandering – Watheroo – Williams – Coral Coast – Cervantes to Dongara – Badgingarra – Cervantes – Dongara – Eneabba – Green Head – Jurien – Leeman – Mingenew – Port Denison – Coral Bay – Exmouth – Ningaloo Reef – Abrolhos Islands – Carnamah – Geraldton – Greenough – Northampton – Kalbarri – Port Gregory – Carnarvon – Denham – Monkey Mia – Shark Bay – North West – The Kimberley – Broome Peninsula – Broome – Cable Beach – Roebuck – Dampier Peninsula – East Kimberley – Halls Creek – Kununurra – Lake Argyle – Warmun – Wyndham – West Kimberley – Derby – Fitzroy Crossing – The Pilbara – Karijini -Pilbara Coast – Dampier – Karratha – Onslow – Point Samson – Port Hedland – Roebourne – South Hedland – Thevenard Island – Wickham – Pilbara Outback – Marble Bar – Newman – Pilbara – South West – Blackwood River Valley – Balingup Area – Balingup – Mullalyup – Boyup Brook Area – Boyup Brook – Bridgetown / Greenbushes Area – Bridgetown – Greenbushes – Nannup Area – Jalbarragup – Nannup – Geographe / Bunbury – Bunbury Area – Australind – Bunbury – Eaton – Collie River Valley Area – Collie River Valley – Donnybrook / Capel – Capel – Donnybrook – Glen Mervyn – Kirup – Peppermint Grove Beach – Ferguson Valley Area – Dardanup – Ferguson Valley – Wellington Mill – Wellington Mills via Dardanup – Harvey Area – Binningup – Cookernup – Harvey – Myalup – Preston Beach – Yarloop – Great Southern – Albany Coast – Albany – Big Grove – Bornholm – Emu Point – Little Grove – Middleton Beach – Redmond – Robinson – Bremer Bay Coast – Bremer Bay – Denmark Coast – Bow Bridge – Denmark – Golden Hill – Hazelvale – Kentdale – Nornalup – Frankland River – Frankland – Kojonup – Mount Barker / Porongurup – Amelup – Cranbrook – East Porongurup – Kendenup – Manypeaks – Mount Barker – Narrikup – Porongurup – Margaret River – Busselton/Vasse – Broadwater – Busselton – Geographe – Vasse – Dunsborough/Yallingup – Bunker Bay – Cape Naturaliste – Carbunup – Carbunup River – Dunsborough – Eagle Bay – Marybrook – Naturaliste – Quedjinup – Quindalup – Yallingup – Margaret River Central – Forest Grove – Forest Grove via Margaret River – Gnarabup – Gnarabup Beach – Karridale – Margaret Region – Margaret River – Prevelly Park – Rosa Glen – Margaret River North – Chapman Hill – Cowaramup – Gracetown – Metricup – Wilyabrup – Witchcliffe – Yelverton – Margaret River South – Augusta – Kudardup – Southern Forests – Manjimup Area – Donnelly River – Manjimup – Nyamup – Quinninup – Northcliffe Area – Pemberton Area – Pemberton – West Pemberton – Walpole Area – North Walpole – Walpole