A shoulder injury can feel like it puts your life on hold. From the simplest tasks like reaching for something on a shelf to more critical movements needed for work or daily routines, the pain and limitations can be overwhelming. If you’re searching for information on shoulder injury compensation payouts in Australia, you’re likely wondering how to regain control over your life—both physically and financially. Payouts can range from $150,000 to $250,000, but where do you stand? And what steps do you need to take?
According to Safe Work Australia, shoulder injuries make up 20% of all upper limb injuries, and if you’re dealing with something like a rotator cuff tear, a fracture, or bursitis, you already know how much it can affect your day-to-day life. The good news? Regardless of where your injury occurred, you might be eligible for compensation that helps you focus on your recovery instead of your expenses.
At Withstand Lawyers, we understand that it’s not just about the payout—it’s about peace of mind and getting back to the things that matter most. Let us help you navigate the process and ensure you get the compensation you deserve, so you can focus on what truly matters—your recovery and your future
Where can shoulder injuries arise?
There are several incidents in which a shoulder injury may occur. Some of the most typical incidents that result in shoulder injury compensation claims may be as a result of:
Am I Eligible for a Shoulder Injury Compensation Payout?
If you have suffered a shoulder injury during the course of employment, you might be entitled to injury compensation benefits under the Workers Compensation scheme depending on your medical condition.
What Compensation Can I Claim for a Shoulder Injury in Australia?
What you can claim and how you can claim compensation for your shoulder injury depends on where you were injured. For example, if you suffered a shoulder injury in the course of employment, the below is what your entitlements are:
- Medical expenses – medical treatments, physiotherapy, surgery, nursing and any other reasonable and necessary expenses
- Weekly wages – based on your average income before the injury and your capacity to work
- Domestic assistance – if your whole person impairment meets the 15% permanent impairment threshold
- Lump-sum payment – if your whole person impairment meets the 11% permanent impairment. If you are an exempt worker, the threshold is greater than 0%.
- Common law – if your whole person impairment is greater than 14% permanent impairment and your employer was negligent
Can I claim a Total and Permanent Disability payout for my shoulder injury?
Apart from your workers compensation claim, yes, you can make a total and permanent disability (TPD) claim if you have:
- stopped working due to injury or illness
- not been able to work for an extended period of time
- been unlikely to work again in a field in that you have education, training, or experience.
Then, you are entitled to receive TPD superannuation benefits depending on your superannuation insurance. The amount of money you may receive for your permanent disability will vary depending on the details of your cover. Details are generally included in the fine print of your superannuation insurance policy.
Our experienced TPD and Workers Compensation Lawyers are happy to give you clear and free legal advice. Contact us today!
Did you know that regardless of where you were injured if you had TPD (Total and Permanent Disability) Insurance cover with your superfund(s), then you could make a TPD claim and receive a payout?
If you suffered a shoulder injury that is preventing you from working within your education, training or experience, you could make a TPD claim with your superfund(s). Most superfunds offer TPD Insurance automatically however the eligibility differs so please feel free to contact our TPD lawyers for a free eligibility claim check to find out if your eligible.
- Total and Permanent Disability (TPD) lump sum payment
- Income protection benefits
- Terminal illness benefits
Total and permanent disability insurance payout amounts can range between $70,000 and $2,000,000 depending on your policy.
Shoulder injuries may also occur due to motor vehicle accidents, slip, trip and fall and medical negligence.
Please reach our
- Motor Vehicle Accident Lawyers if you had a traffic accident and got injured, or
- Public Liability Lawyers if you had a slip, trip and fall accident.
- Medication negligence Lawyers if you suffered an injury or condition due to the negligence of a medical provider.
How Do I Make a Workers Compensation Claim for a Shoulder Injury in Australia?
Briefly, the legal steps of a workers compensation claim are as follows:
– 1st Step
Report the injury as soon as possible to your employer.
– 2nd Step
Seek medical treatment from your GP and request they complete the Certificate of Capacity. This document requires your GP’s opinion on the injury and whether it is work-related or not.
– 3rd Step
Complete a Work Injury Claim Form and submit it along with the completed Certificate of Capacity to your employer who should send it to their workers compensation insurer within 48 hours. The insurer will then be in contact with you and inform you whether they will accept liability or not.
You can contact our office for a free claim assessment regardless of whether the insurer accepts or denies liability to ensure you are not missing out on entitlements and you are following the procedure correctly.
Do I Need a Lawyer to Make a Shoulder Injury Compensation Claim?
You don’t require a lawyer to start a compensation claim. However given that the procedure might be complex.you may be entitled to various benefits and our costs are No Win No Fee, it’s always recommended to work with an experienced personal injury lawyer to receive your full benefits and compensation payout Our lawyers take pride in maximising shoulder injury compensation payouts in Australia on a No Win No Fee basis.
What Are the Time Limits for a Shoulder Injury Compensation Claim?
The time limit to lodge the Work Injury Claim Form and Certificate of Capacity is 6 months in NSW.
The time limit to make a TPD claim depends on your superannuation policy however generally speaking you should make a TPD claim as soon as you realise the difficult and somewhat confronting news that it is unlikely for you to return to work in any occupation you are suited by with your education, training or experience.
How Long Does a Shoulder Injury Compensation Claim Take in Australia?
Again, unfortunately it really depends on the type of claim which is dependant on how and where you injured your shoulder.
Compensation for shoulder injury requiring surgery may extend the claim period as you can claim a lump sum payment for a shoulder injury. After your injuries have reached maximum medical improvement which is usually 6 months from the date of the injury, or date of surgery, whichever is later you can then resolve your claim. Its better you don’t resolve your claim before you have reached maximum medical improvement to make sure you take everything into account. That is because most payouts do not allow you to reopen your claim even if your injury deteriorates ! Please check out our when should I settle personal injury claim blog to find out when is the best time to resolve your claim. Generally though, your lump sum claim is usually resolved within 1.5 years provided the insurer makes reasonable offers of what your claim is actually worth!
Average Shoulder Injury Compensation Payouts in Australia
$200,000 to $300,000 work injury damages may be achieved by way of settlement or determination of your injuries; however, each claim is different.
The amount of compensation that you may be entitled to is determined by a variety of factors, including but not limited to, where the injury occurred, the seriousness of the injury, your whole person impairment assessment and other factors. So, feel free to call Withstand Lawyers for a free injury claim check to estimate the amount of compensation you may be entitled to.
Why Should I Choose Withstand Lawyers for my Workers Compensation Claim?
Our personal injury lawyers focus on workplace accidents, motor vehicle accidents public liability, TPD and medical negligence claims.
We will understand your expectations and explain your entitlements in a simple manner and help you receive your full entitlements.
How do we help?
Listen carefully and understand your situation, and make sure you understand your entitlements and how to claim them.
Obtain relevant documents to support your claim and maximise your compensation entitlements.
Negotiate with the other side to settle or resolve your claim for the best result whilst keeping you informed and updated.
Our team works on a No Win No Fee basis; you will not be liable for our legal costs & disbursements if you are unsuccessful.
Call our experienced injury lawyers on 1800 952 901 or fill out the form to receive a callback
Issa Rabaya
• Bachelor of Laws
• Graduate Diploma in Legal Practice
• Approved Legal Service Provider to the Independent Review Office
• Member of the Law Society
Issa Rabaya
• Bachelor of Laws
• Graduate Diploma in Legal Practice
• Approved Legal Service Provider to the Independent Review Office
• Member of the Law Society