Frozen Shoulder at Work Compensation

I would like to claim frozen shoulder at work compensation after developing adhesive capsulitis in a manual handling accident. My employer said he is not liable as he provided training on lifting techniques, and it was my fault I missed it through illness. Can I still claim?

Question:

I would like to claim frozen shoulder at work compensation after developing adhesive capsulitis in a manual handling accident. My employer said he is not liable as he provided training on lifting techniques, and it was my fault I missed it through illness. Can I still claim?

Answer:

If your adhesive capsulitis was caused as a direct result of your work, and you had not received training on correct lifting techniques, you will almost certainly be able to claim frozen shoulder at work compensation.
Your employer has a responsibility to ensure that all staff receive appropriate training, and it is a legal requirement to provide this under Health and Safety at Work Etc Act (1974). Manual handling is also specifically covered under separate legislation; The Manual Handling Operations Regulations (1992). The legislation was introduced due to the high volume of manual handling accidents in the workplace to ensure that employees were better protected.

Part of your employer’s responsibility under this legislation is to ensure that all staff are trained on proper lifting techniques and, should any member of staff miss training due to illness, he must ensure that it is provided as soon as possible after an employee returns to work. By failing to arrange for you to have the necessary training, your employer is in breach of these regulations and has failed in his duty of care to protect you from harm. He will therefore be liable to pay compensation for frozen shoulder at work through his employer’s liability insurance policy.

Adhesive capsulitis is a debilitating injury and can cause the sufferer to take a considerable amount of time off work – which may be unavoidable if your employment requires a significant amount of manual handling. Once the condition has developed, it can cause weakness in the shoulder which may affect the sufferer’s ability to work in the future. It is important that you claim compensation for frozen shoulder at work not only to ensure that you can get the medical treatment you need, but so you do not have to suffer financially due to the negligence of your employer.

If you are under financial pressure to return to work, you may be forced to do so before you have recovered fully from your injuries. By making a claim for frozen shoulder at work compensation you will relieve yourself of the financial pressure to return to work, which will enable you to make a full recovery and avoid causing further damage to your shoulder.

Since your employer has already incorrectly informed you that you cannot make a claim for frozen shoulder at work compensation, it is strongly advisable to seek the advice of a personal injury solicitor. A personal injury solicitor will confirm that you are eligible to claim frozen shoulder at work compensation, and advise of the next steps you must take in order to do so as not to jeopardise your right to shoulder injury compensation.