I want to claim frozen shoulder at work compensation as I developed the condition after suffering a shoulder injury at work. Is it possible to make a claim for this condition?
Eoin P. Campbell, LL.B., Solicitor
Editor in Chief
If you have developed frozen shoulder – also known as adhesive capsulitis – after a workplace injury, you may be entitled to claim frozen shoulder at work compensation. However, you should discuss making a claim for frozen shoulder with a personal injury solicitor. A claim for adhesive capsulitis can be complicated, as the condition has a number of known causes and you must be able to establish that the cause of frozen shoulder was an injury you sustained in the workplace.
Frozen shoulder is commonly associated with a previous trauma to the shoulder, and can develop secondary to that injury. Since you sustained an injury at work previously, it is probable that frozen shoulder developed as a direct result. In order to make a claim for adhesive capsulitis however, you must be able to establish that the condition developed as a direct result of your work injury to your shoulder, that the original shoulder injury resulted from a failure in a duty of care and your employer caused you to sustain that injury due to his negligence.
It may be difficult to establish employer negligence for that original injury if there was a long delay between the shoulder injury and developing adhesive capsulitis. If your original shoulder injury at work was documented in your employer’s accident book and you received medical treatment for it, it will be easier to prove that ‘on the balance of probabilities’ that you developed adhesive capsulitis as a direct result of the work injury to your shoulder. It may be difficult to win a claim for frozen shoulder at work compensation if you did not make an accident book report.
Although you have two years in order to make a claim compensation for frozen shoulder from the date of knowledge that you have adhesive capsulitis, you should not delay seeking legal advice and should contact a personal injury solicitor as soon as possible to discuss your claim for adhesive capsulitis. A solicitor will establish whether you have a valid claim for personal injury compensation and will advise you of the steps you need to take in order to maximise the probability of recovering frozen shoulder at work compensation against your employer´s liability insurance company.