Work Accidents and Work Related Injuries

What is the average WorkCover payout for shoulder injuries? + How are the Workcover payouts for shoulder injuries calculated?

Average payout you will receive for your shoulder injury will depend on the type of claim.

An Impairment Benefit claim is a lump sum claim paid by the relevant WorkCover insurer. A Common Law claim is a larger lump sum claim that can be pursued if your shoulder injury was sustained in circumstances where your employer was negligent in causing or contributing to your injury.

In an Impairment Benefit claim, your compensation depends on the whole person impairment percentage calculated in accordance with the American Medical Association Guides to the Evaluation of Permanent Impairment 4th Edition (“AMA Guides”). How the percentage is calculated using the AMA Guides will depend on the doctor’s finding during their assessment with a particular focus on range of movement, the radiology reports, and any surgery reports if relevant. The average WorkCover shoulder injuries rate at 5% or 10% whole person impairment, and the amount you receive will depend on the year you were injured as the amount is indexed yearly. In the current financial year, 2022, if you have a 5% whole person impairment you will receive $13,350, and if you have a 10% whole person impairment you will receive $25,060.

In a Common Law claim the payout figure for your shoulder injury depends on a number of factors such as the medical evidence in relation to your shoulder injury, how the injury has personally impacted you (e.g. how the injury has affected your hobbies or your ability to perform daily living activities), and the degree of negligence by your employer in contributing to or causing your shoulder injury. The payout figure will also depend on if your Common Law claim is lodged for pain and suffering only, or for both pain and suffering and loss of earnings. The lawyer acting on your behalf will be able to discuss potential compensation figures based on our experience and cases similar to yours decided by the Courts.

Is it a good idea to hire a lawyer?

As personal injury lawyers we are familiar with the AMA Guides so will be in the best position to advise if your shoulder injury is likely to reach the compensation threshold. We are also able to assist you throughout the Impairment Benefit claims process. 

We have vast experience in representing injured people in Common Law claims and do our best to maximise your compensation. Often injured people may assume they are unable to lodge a Common Law claim because they do not think there was any negligence involved, however as personal injury lawyers we can identify negligence that you may not be aware of such as breaches of Occupational Health & Safety Act 2004.

Where can I find the best lawyers near me?

At Gordon Legal our lawyers have years of experience representing injured people. Our focus is to keep you informed about your claim, the claims process, and maximise your compensation

Gordon Legal has represented people in compensation claims right across Victoria.  Our team is readily available with offices in Melbourne, Geelong and Dandenong.  We also have a number of visiting offices and are affiliated with many Unions so we can meet you at our local visiting office or your Union’s office. The affiliated Union offices we can visit includes:

  • AMIEU
  • AMWU
  • AMNF
  • ETU
  • FAAA
  • RTBU
  • VAU
  • VAHPA

For more information about making a claim and your rights if you suffer an injury call us on 1300 59 95 17 between 9 am and 5 pm Monday to Friday.

 

What to do if this information applies to you

At Gordon Legal, we understand that being injured at work is a personal issue.

For personalised and individual advice, we offer consultations to discuss your matter.

Please call Gordon Legal on (03) 9603 3000 or our Geelong office on (03) 5202 2796 to speak with one of our experienced workplace injury lawyers about your entitlements.

 

Picture 1.jpg (8)

We're here to help

Get in touch with our team

No win No fee

We make it easy for you

Achieving great outcomes for clients

Free Personal Injury Case assessment

Don’t forget to register for this free information session.

Business Interruption Insurance and COVID-19

Click Here for More Information

Register for Tuesday 24 August 7:30pm AEST