Shoulder Injury Compensation in Victoria

WHAT COMPENSATION AM I ENTITLED TO?

We often find that shoulder injuries will satisfy the “serious injury” thresholds in TAC claims under the Transport Accident Act 1986 (Vic) and WorkCover claims under the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic), resulting in Serious Injury Certificates being granted, as well as satisfying the “significant injury” threshold for public liability claims under the Wrongs Act 1958 (Vic).

The shoulder joint is considered to be one which has the widest range of movement in the human body. This being the case, injuries to any part of the structures making up the shoulder can be, and are, debilitating.

Therefore, if there was negligence as a cause of the person’s injury, loss and damage, it is possible to recover damages for pain and suffering (general damages), loss of earnings and loss of earning capacity and medical expenses and care. Damages can be significant for shoulder injuries.

We also find that shoulder injuries can rate well for impairment benefit lump sum claims under the TAC and WorkCover no-fault schemes.

In the context of incidents which may sound in compensation for personal injury, such mechanisms are often sustained in the following:

TAC claims

• • Occupants of vehicles (drivers or passengers), cars, trucks, trains, trams in motor vehicle accidents: arms may be outstretched and braced against impact by holding the steering wheel, there may be side-on blows, or the arms may be raised to protect the face;
  • Pedestrians struck by motor vehicles: pedestrians can go under vehicles, be thrown up onto and over vehicles, and can be knocked to the roadway or into other objects;
  • Cyclists struck by, or taking evasive action to avoid, motor vehicles: cyclists have been known to land heavily onto their shoulders or strike their shoulders up on the bonnet of vehicles;
  • Motorcyclists struck by, or taking evasive action to avoid, motor vehicles: motorists failing to give-way or large vehicles, including trucks, where a driver has failed to perform a head-check.

Public Liability claims

• • Slipping and falling onto an outstretched arm (from wet floors or spillages);
  • Tripping and falling onto an outstretched arm (from raised sections of pavement or other trip hazards);
  • Falling down stairs or from otherwise elevated sections (usually resulting from poor step demarcation and poor lighting);
  • Physical altercations (assaults);

WorkCover claims

• • Heavy lifting of objects;
  • Awkward and unsupported lifting (for example, carrying an item or patient with co-workers who suddenly let go leaving you holding on);
  • Repetitive and overuse actions (pushing, pulling and lifting);
  • Working above the head;
  • Working with arms outstretched from the body;
  • Slips, trips and falls.

UNDERSTANDING SHOULDER INJURIES

When you suffer a shoulder injury, understanding the anatomy is not just medical background – it can be critical to proving how the injury occurred, how serious it is, and what compensation you may be entitled to claim.

Shoulder Anatomy (Why it Legally Matters)

The shoulder is a complex “ball and socket” joint made up of:

• The acromioclavicular joint (where the shoulder blade and collarbone meet);
• The glenohumeral joint (where the humeral head, or ‘ball’, meets the glenoid, or ‘socket’).

Stability is provided by the rotator cuff, which connects the humerus and scapula through four muscles and their tendons:

• Supraspinatus
• Infraspinatus
• Teres Minor
• Subscapularis

The joint also contains the labrum (a soft tissue rim around the socket) and a lubricating joint capsule.

From a legal perspective, this complexity is significant.  Shoulder injuries often involve multiple structures at once.  In compensation claims – whether WorkCover, TAC or public liability – identifying which structure is damaged can influence:

• Whether surgery is required
• The likelihood of long-term impairment
• The risk of post-traumatic arthritis
• Your entitlement to compensation
• Your capacity to return to work

Precise diagnosis matters because compensation frameworks rely heavily on medical classification and impairment assessment.

How Shoulder Injuries Occur – And Why Mechanism of Injury Is Important

In our experience acting for injured Victorians, shoulder injuries commonly occur due to:

• Direct impact (for example, being struck or falling)
• Falling onto an outstretched arm
• Sudden wrenching or twisting
• Heavy lifting
• Repetitive overhead work
• Overuse or overextension

Why does this matter legally?

The mechanism of an injury (and surrounding circumstances) often determines whether a claim can be accepted with the injury having occurred in compensable circumstances, and also can be a critical factor in determining whether negligence can be established (in particular the requirement to prove causation).

Common Shoulder Injuries in Compensation Claims

Shoulder injuries may develop gradually or occur suddenly.  They often lead to pain, weakness, restricted movement and difficulty performing work or daily activities.  People can notice symptoms or sensations including a “pop” or “tear”, grinding with movement and an inability to sleep on the injured shoulder.

Below are the most common shoulder injuries we see in compensation matters – and why they can significantly affect entitlements.

Fractures

Fractures involving the joint surface (the “ball” and/or “socket”) can be severe, often requiring surgery.  These injuries may increase the risk of early arthritis, which can impact long-term earning capacity – a key consideration in serious injury claims.

Rotator Cuff Tears

Tears frequently involve the supraspinatus tendon but may affect other rotator cuff tendons.

• • Full thickness tears involve complete detachment.
  • Partial thickness tears involve thinning or incomplete tearing.

The extent of the tear is highly relevant to permanent impairment assessments and may influence whether a person meets statutory thresholds for lump sum compensation.

Dislocations and Instability

Repeated dislocations may result in chronic instability, restricting manual work or overhead tasks.  Recurrent instability can significantly impact employment options and earning capacity.

Bursitis

Inflammation of the bursa can cause ongoing pain and restricted movement.  While sometimes dismissed as “minor”, persistent bursitis can prevent a return to pre-injury duties – particularly in physically demanding roles.

Adhesive Capsulitis (Frozen Shoulder)

This painful and restrictive condition can develop after trauma or prolonged immobility.  It may delay recovery and extend time off work, affecting weekly income benefits and return-to-work plans.

Brachial Plexus (Nerve) Injuries

Severe nerve injuries can result in weakness or paralysis of the arm.  These are often catastrophic injuries with substantial long-term compensation implications.

Radiology and Evidence – Why Scans Are Critical in a Claim

When investigating a shoulder injury, doctors often request imaging.  From a legal standpoint, these scans are not just diagnostic tools – they are objective evidence.

Different scans identify different types of damage:

• X-rays: fractures, dislocations, arthritis
• Ultrasound: large rotator cuff tears, bursitis
• MRI: detailed soft tissue injury including tendon and labral tears
• CT scans: joint surface damage and complex fractures

In compensation claims, imaging findings often:

• Support the seriousness of an injury
• Help determine permanent impairment percentages
• Influence whether surgery is reasonable and necessary
• Assist medical experts in preparing reports for court
• Strengthen serious injury applications

Understanding why a scan has been requested – and what is shows – can make a significant difference to the outcome of your claim.

Why Early Legal Advice Matters

Because shoulder injuries can appear straightforward but involve complex underlying damage, early legal advice is important.  What may initially seem like a “strain” can later be diagnosed as a full thickness tear requiring surgery.

Clear medical evidence, proper documentation of the mechanism of injury, and careful management of return-to-work planning can all affect:

• Weekly payments
• Lump sum impairment claims
• Pain and suffering compensation
• Future economic loss claims

If you have suffered a shoulder injury at work, in a motor vehicle accident, or due to unsafe premises, understanding both the medical and legal aspects of your injury is essential to protecting your rights.

COMMON INVASIVE TREATMENTS

Where conservative treatment has failed, or where a shoulder injury is severe from the outset, a person may be referred to an Orthopaedic Surgeon with a special interest in shoulder conditions.

The type of procedure recommended will depend on the specific structure injured, the severity of the damage, your occupation, and your long-term functional goals.  From a compensation perspective, the need for surgery is often a strong indicator of the seriousness of an injury and may significantly affect your entitlements.

Common invasive treatments include:

• Total shoulder replacement – replacement of the damaged joint surfaces
• Partial shoulder replacement – replacement of one component of the joint
• Open reduction and internal fixation (plates and screws) – used to stabilise fractures
• Rotator cuff repair – repair of torn tendons (performed either via open surgery or arthroscopically through small portals using cameras and instruments).  This may involve removal of bone spurs (acromioplasty) and insertion of suture anchors
• Shoulder reconstruction – to address instability or recurrent dislocation
• Hydrodilatation – cortisone and saline injection to improve mobility
• Cortisone injections
• Manipulation under anaesthetic

COMMON Q&A’S

Q: What are my first steps after suffering a shoulder injury?

A: Your first priority is obtaining medical treatment to ensure your injury is properly diagnosed and documented.  Document the circumstances of your injury and preserve evidence (including taking photographs of any relevant cause, obtaining witness details, and seeing if CCTV or dash-cam footage is available).  Report the injury and lodge a Claim for Compensation (if TAC or WorkCover) – be very careful in the completion of this document.  Early legal advice can help you understand your rights, protect evidence, and ensure you access the compensation and medical support available to you.

Q: What factors influence compensation for a shoulder injury in Victoria?

A: Compensation outcomes depend on several key factors, including the severity of the injury, whether surgery is required, the level of permanent impairment, your capacity to return to work, and the types of claims involved (TAC, WorkCover or public liability).  Medical imaging, specialist reports and functional assessments play an important role.  Because each case is assessed individually under statutory criteria, the evidence gathered early can significantly affect your entitlement.

Q: Can I claim compensation for a shoulder injury if I did not require surgery?

A: Yes.  Surgery is not a requirement to bring a compensation claim.  Many people experience ongoing pain, reduced movement or long-term restrictions even with conservative treatment.  If the injury results in permanent impairment or affects your ability to work or perform daily activities, you may still be entitled to pursue compensation – subject to the relevant legal thresholds.

WHEN SHOULD YOU SEEK LEGAL ADVICE?

If you have suffered a shoulder injury the subject of a TAC claim, WorkCover claim or Public Liability claim in Victoria, and particularly if you have been referred by your General Practitioner or Physiotherapist to an Orthopaedic Shoulder Surgeon (there are a range of Shoulder Surgeons in Victoria who will treat people with compensation claims), it is in your interests to seek early legal advice.

Shoulder injuries can appear straightforward but often involve complex structures and long-term consequences.  Understanding how your medical treatment connects to your legal entitlements can make a significant difference to the outcome of your claim.

Our personal injury lawyers are experienced in shoulder injury compensation claims throughout Victoria and can speak with you promptly and without obligation.

Contact us on 1300 020 618 or submit an online enquiry to arrange a confidential discussion.