Making a shoulder injury claim

A shoulder injury claim covers a dislocation, rotator cuff tear, or fracture of the collarbone or shoulder blade caused by a road accident. It often happens from bracing against a steering wheel or falling from a motorcycle, sometimes alongside an arm fracture from the same fall.

How serious the injury is generally decides both the recovery and how it is valued.

Which shoulder injuries can be claimed?

A dislocation happens when the top of the arm bone comes out of its socket. This can also damage the surrounding ligaments.

A rotator cuff tear affects the tendons that hold the shoulder in place. It can range from a partial tear to a complete rupture needing surgery.

A fractured collarbone or shoulder blade is generally treated with a sling and rest, though some fractures need plates and screws.

How does it affect daily life and work?

Reaching overhead, carrying bags and getting dressed can become difficult while the shoulder heals. Driving is often affected too, since turning the wheel or checking a mirror can strain the joint.

Manual work, lifting, or repeated overhead movement is usually affected the longest. A full return to that work can take longer than the injury first suggests.

What evidence does the claim need?

An X-ray or MRI showing the dislocation, tear or fracture is the starting point. A specialist medical report from an orthopaedic surgeon should follow, covering the treatment given and the prognosis for movement and strength.

Physiotherapy records showing progress, or the lack of it, show how the shoulder is recovering.

How does the injury affect the claim?

General damages are assessed against a published compendium of injury awards, together with the medical evidence.^[1] A complete rotator cuff tear, or a fracture needing surgery, is generally valued higher than a straightforward dislocation.

Where the shoulder does not fully recover its previous strength, this can support a claim for loss of earning capacity. This applies particularly for manual or physically demanding work.

Physiotherapy, any surgery, and ongoing treatment are claimed as part of your treatment costs and future medical needs.

How long is recovery?

A straightforward dislocation without significant ligament damage often recovers well with physiotherapy over some weeks to months. A rotator cuff repair or a complicated fracture generally needs longer. Some people are left with reduced movement even after treatment.

What should I do next?

Follow the physiotherapy plan closely. Consistent attendance shapes both recovery and how the medical report reads.

The general deadline to bring this claim is six years from the accident in Peninsular Malaysia.^[2] How compensation is worked out explains how treatment costs and lost income are brought together.

An independent lawyer can take the claim on. For first contact, send only the accident date, where it happened, whether anyone was injured (yes/no) and the police report status. Keep your doctor’s notes private until an identified independent lawyer contacts you and specifically asks you to share them directly.