Can I claim compensation for a shoulder injury at work if the accident was caused by a co-worker?
It is possible to claim compensation for a shoulder injury at work for an accident caused by a work colleague, although your claim has potential to be complicated.
Your employer is required by law to purchase an insurance policy to ensure all employees are able to recover compensation for personal injuries sustained in the workplace which result from a failure in a duty of care and employer negligence. The duty of care owed to you by your employer is not absolute, so even though you injured a shoulder in an accident at work, it does not mean that you will definitely be entitled to make a claim.
The duty of care only demands that all reasonable measures are taken by your employer to reduce the risk of injury in the workplace, and only as far as is possible and practicable. Whether you will be able to make a successful shoulder injury compensation claim will depend on the circumstances of the accident, if your co-worker was negligent and if your employer could have realistically prevented the accident.
Only when the facts of the case have been established will it be possible to confirm if you will be entitled to make a claim for having injured a shoulder in an accident at work. It is therefore recommended that you contact a personal injury solicitor to talk about your case and to have eligibility to make a shoulder injury compensation claim confirmed.
From a legal perspective, it does not matter whether the accident was directly caused by your employer or a mistake made by a work colleague. Your employer is responsible for the actions of all employees, and must ensure they are properly trained and capable of performing the duties assigned to them without endangering the health of other workers.
If a co-worker acted in an irresponsible way and caused the accident, it is probable that you will be entitled to make work accident claims for a shoulder injury to receive recompense for your pain and suffering and to recoup any financial losses suffered as a result of your injury.
When your right to claim compensation for a shoulder injury at work has been evaluated and eligibility to take legal action confirmed, you will receive a preliminary assessment of the damages you are entitled to recover. These will be based on the extent of your injuries and how they have affected you physically, mentally and financially. Once you are aware of the amount of compensation you are entitled to receive and the costs which are likely to be incurred by taking legal action, you can then decide whether or not to proceed with your claim.
If you decide to proceed with a shoulder injury compensation claim, your solicitor will collect evidence of negligence to support your case and your claims forms will be prepared on your behalf and sent to the Injuries Board for assessment. You will also receive advice and guidance through every step of the claims process, and your solicitor will take the appropriate actions to ensure your work accident claims for a shoulder injury are resolved as quickly as possible.