Shoulder Injury Compensation: Workplace and Car Accidents

If you’ve injured your shoulder because of work, you’re generally entitled to workers compensation payments. They’re also sometimes called ‘WorkCover’ shoulder injury payouts.

Depending on your specific situation, you may be able to claim:

• Weekly payments to cover lost wages (up to 95% of your pre-injury income).
• Medical and treatment expenses.
• Hospital costs (especially for a shoulder injury requiring surgery).
• Rehabilitation and return-to-work support.
• Travel expenses for medical appointments.

It doesn’t matter whether you’re a casual, part-time, or full-time worker — if the injury is work-related, you’re entitled to make a shoulder injury workers comp claim.

In addition to weekly workers compensation payments, you may also be entitled to a lump sum payout if your shoulder injury has caused permanent impairment.

To qualify, you’ll need to complete a Whole Person Impairment (WPI) assessment, which measures the long-term impact of your injury on your daily life and overall functioning.

It’s worth noting that some states require you to meet a minimum WPI threshold before you can even make a permanent impairment claim:

To show you how lump sum payouts are calculated, we’ll use NSW as an example. If you’ve suffered a shoulder injury at work, you’ll need to undergo a WPI assessment once your condition has stabilised. If your WPI is 11% or higher, you’re entitled to a lump sum payment in addition to your regular workers compensation benefits.

The exact amount you receive depends on your WPI percentage. If your injury occurred between 1 July 2024 and 30 June 2025, here’s what you can expect:

To learn more about WPI assessments and how they affect your shoulder injury claim, head to our complete state-by-state guide to permanent impairment lump sum payments.

If your employer’s negligence caused your shoulder injury, you may have a common law damages claim.

These claims can result in much higher compensation than standard workers compensation — often reaching hundreds of thousands of dollars. In the most serious cases, you could receive millions.

In addition to your usual work injury entitlements, a successful common law claim may also include compensation for:

• Future loss of income and superannuation.
• Ongoing medical and rehabilitation costs.
• Pain and suffering (in some states).

Keep in mind, some states require you to meet a minimum Whole Person Impairment (WPI) threshold before you’re eligible to claim. Use the table below to check the threshold that applies in your state.

If your shoulder injury happened in a public, private, or rental space due to someone else’s negligence, you may have a public liability compensation claim. This can also include situations where your shoulder injury happened during a recreational activity, such as skiing or an organised sport.

The amount you can claim depends on your specific circumstances, but may include:

• Lost income and superannuation: covering both past earnings and your future earning potential.
• Care and support: for yourself and any dependents who rely on your help.
• Pain and suffering: compensation for the emotional impact of your injury on your life.
• Out-of-pocket expenses: including medical bills, rehab costs, and home or vehicle modifications

For a better idea of what you might be entitled to, take a look at our complete guide to public liability compensation or get in touch with one of our shoulder injury lawyers today. Your first consultation is completely free.

If your shoulder injury has left you permanently unable to work, you may be eligible to make a Total and Permanent Disability (TPD) claim through your superannuation. A successful claim provides a one-off lump sum to help secure your long-term financial future.

While the average TPD payout ranges from $60,000 to $450,000, some policies can pay out well over a million dollars, depending on your cover and the severity of your shoulder injury.

To find out what you may be entitled to, get in touch with us. Our experienced TPD lawyers will take the time to understand your situation, review your policy, and give you a clear picture of the shoulder injury compensation you could receive.

Before you dive into a shoulder injury compensation claim, it’s a good idea to chat with a lawyer who knows this area inside out. In your free consultation, we’ll break down exactly how the claims process works, what kind of compensation you could be looking at, and how your specific situation affects your entitlements.

We’ll also look at whether you’re eligible for additional payouts, like a lump sum for permanent impairment, common law damages, or even a TPD claim if you can’t return to work. This comprehensive approach means you fully understand your rights from the start — and ensures you don’t miss out on any compensation.

When it comes to winning a shoulder injury claim, strong expert evidence can make all the difference — especially if you need to prove someone else was to blame. It’s not just about showing how severely you’re injured, but also clearly linking your injury to the other party’s actions (or lack of action).

That’s why we work closely with top medical professionals who specialise in shoulder injuries — from orthopaedic surgeons and occupational physicians to physios, sports medicine doctors, and chiropractors. Their detailed assessments help back up your claim with solid medical evidence. And the best part? We cover all the expert costs upfront, so you won’t have to pay a cent unless we win your case.

Once your case is ready, your shoulder injury lawyer will handle the entire claims process from start to finish:

• Workers compensation claims: we’ll lodge your claim with the insurer, making sure all the necessary medical reports and documentation are submitted correctly and on time.
• Public liability claims: your lawyer will initiate court proceedings on your behalf and support you through every stage of the legal process.
• TPD claims: we’ll prepare and file your application with your super fund or TPD insurer, ensuring all the paperwork is accurate and complete.

No matter what type of claim you’re pursuing, we’ll take care of everything — keeping the process smooth, timely, and as stress-free as possible for you.

Once your shoulder injury claim is submitted, the next step is to wait for the outcome:

• Workers compensation claims: the insurer will assess your claim and let you know if it’s been approved. If it is, weekly payments usually start right away. If your claim is denied or the offer is too low, we’ll act quickly to challenge the decision and push for the full amount you’re entitled to.
• TPD claims: you’ll generally hear back from your super fund or insurer within a few months. Because we carefully prepare every detail of your application, there’s a strong chance it’ll be approved. Once it is, we’ll walk you through your payout options and make sure your benefit is paid without delay.

If your shoulder injury claim heads to court, the process will begin with a mandatory pre-court mediation. This is where both sides try to reach a settlement before going to trial. Your lawyer will handle all negotiations for you, so you don’t have to worry about the back-and-forth or legal complexities.

Most of the time, our solid preparation and expert strategy lead to a fair settlement at this stage. But if the insurer won’t come to the table with a reasonable offer, we won’t hesitate to take your case to court and fight hard to get the compensation you deserve.

If you’ve been in a car accident and are now dealing with ongoing shoulder pain, taking the right steps early can make a big difference — both for your recovery and your compensation. Here’s what to do:

• Report the accident: notify the police immediately so there’s an official record. This is essential for starting your compensation claim.
• Get medical attention: see your doctor as soon as you can. They’ll examine your shoulder, arrange any necessary treatment, and provide a medical certificate — a key piece of evidence for your claim. Even minor pain can worsen over time, so don’t wait.
• Keep notes on your symptoms: track how the injury affects your daily life, including work, physical activities, and relationships. These details help show the broader impact of your injury.
• Speak to a lawyer: a shoulder injury lawyer can explain your options, handle the paperwork, and fight to get you the full compensation you deserve. The sooner you get advice, the stronger your claim is likely to be.

Most shoulder injury claims come with strict time limits, but the exact deadline depends on the type of claim and where you live in Australia.

If you think you’ve missed the cut-off, don’t panic — you still have options. Many states allow for extensions in special circumstances, and our experienced shoulder injury lawyers know how to apply for them effectively. We’ve helped countless clients file late claims and still walk away with the compensation they deserve.

Not sure what time limit applies to your case? Reach out for a free consultation — we’ll explain your options clearly and help you take the next step.

Workers comp shoulder injury claims

It’s important to report your shoulder injury to your employer as soon as possible, ideally in writing. Most states then require you to lodge a workers compensation claim within 6 to 12 months of the injury.

For common law claims, the time limits also vary. In some states, you have up to three years from the date of the accident. In others, the deadline may start from when you first realised your employer’s negligence caused your shoulder injury.

Public liability claims

The time limit for filing a public liability claim depends on the state you’re in. In some areas, you have up to three years from the date of your shoulder injury, while in others, the clock starts when you become aware that someone else’s negligence may have caused the injury.

TPD shoulder injury claims

Unless your policy explicitly states it, time limits usually don’t apply to TPD claims. However, we strongly suggest filing your claim as soon as possible after your injury. Over time, evidence becomes harder to compile and, in our experience, insurers are more likely to deny claims.

The time it takes to resolve a shoulder injury claim can vary based on several factors, including the type of claim you’re making, how serious your injury is, what treatment you need, and how well your case is prepared. Most claims are finalised within 12 to 18 months after your condition has stabilised (meaning it’s not expected to improve further).

Workers compensation claims are an exception, as you may be eligible for ‘provisional payments’ within seven days. Ongoing weekly payments usually follow around 28 days after submitting your claim, depending on your state’s rules.

With over 25 years of experience, our shoulder injury lawyers are here to make the process faster and less stressful — so you can get the support you need sooner. Contact us for a more accurate idea of your claim timeline.

If your shoulder injury requires surgery, it’s generally considered more serious and may entitle you to additional compensation. In particular, undergoing surgery increases your chances of qualifying for a permanent impairment lump sum on top of your weekly workers compensation payments.

On average, shoulder injuries that require surgery are assessed at around 11 – 30% Whole Person Impairment (WPI), which is often enough to meet the threshold for a lump sum payout.

To better understand the WPI requirements in your state, check out our full guide to permanent impairment lump sums or speak to one of our experienced shoulder injury lawyers. We’ll guide you through the WPI assessment process and make sure your impairment rating reflects the full impact of your shoulder injury.

If you’ve injured your shoulder while playing organised sport or during a recreational activity like skiing or jet-skiing, you may still be eligible to make a public liability claim.

Although these activities come with inherent risks, you could be entitled to compensation if your injury was caused by faulty equipment, poor supervision, or negligence by another player, coach, instructor, or operator.

These cases can be complex, so it’s important to speak with a shoulder injury lawyer who understands the ins and outs of sport and recreation claims. We’ll take the time to understand what happened, assess any waivers or disclaimers you signed, and give you clear, straightforward advice on your chances of success.

When it comes to shoulder injury compensation in Australia, contributory negligence can significantly affect how much you ultimately receive — but it depends on the type of claim and the circumstances around your injury.

‘Contributory negligence’ refers to situations where you cause (or partly cause) your own shoulder injury through carelessness or failure to take reasonable precautions. For example, if you failed to follow safety procedures at work or weren’t wearing a seatbelt, a court or insurer might find you partially at fault.

In these cases, your shoulder injury compensation payout can be reduced based on your degree of responsibility. This is often around 10 – 25%, but can be as high as 100% in extreme cases.

It’s important to know that contributory negligence only applies to fault-based compensation claims, such as public liability claims or common law workers compensation claims. It can also apply to car accident claims in states that operate under a fault-based system, like Queensland or South Australia.

When does contributory negligence not apply?

Contributory negligence doesn’t apply to workers compensation claims or CTP (Compulsory Third Party) car accident claims in NSW, Victoria, Tasmania, the ACT and the Northern Territory.

That’s because these schemes offer no-fault entitlements — meaning you’re entitled to basic benefits like weekly income support, medical expenses, and lump sums for permanent impairment, regardless of who was at fault. So even if your own actions played a role in your workplace or car accident shoulder injury, you can still receive full statutory benefits.

If you think an insurer might try to argue you were partially to blame, it’s wise to speak with a lawyer who understands the ins and outs of shoulder injury claims. We’ll help assess your situation and challenge any attempt to unfairly reduce your compensation.

A shoulder injury lawyer is focused on helping you get the maximum compensation for your injury — no matter how it happened or who was responsible. We’ve supported everyday Australians through all kinds of claims, ensuring they receive every dollar they’re entitled to.

When you work with an experienced shoulder injury lawyer, they will:

• Identify every claim you’re eligible to make, so you never miss out on compensation.
• Handle all paperwork and ensure your claim meets every deadline.
• Push back on counterevidence from the fund or insurer.
• Support you through the entire process, especially when there are delays or lowball offers.
• Work to maximise your payout so you’re properly compensated for your shoulder injury.

With a legal expert in your corner, your claim becomes simpler, less stressful, and more likely to succeed. And thanks to our No Win No Fee guarantee, there’s no upfront cost to get started — you only pay if your claim succeeds.