Can I Claim Compensation for a Dislocation Injury?

About Our Legal Expert: This content is produced with oversight by Michael Jefferies, Managing Director who has more than 30 years’ legal experience.

Written by Tanya Waterworth, Digital Content Writer

Dislocation Injuries At Work, In Public or Traffic Accident in England and Wales

A dislocation injury can be extremely painful and if someone else’s negligence is involved, you may be able to claim compensation for a dislocation injury. Whether you dislocate your arm in a workplace accident, suffer a dislocated knee after slipping in a supermarket or a dislocated hip in a road traffic accident, the injury can affect your mobility, independence, and ability to work for weeks or even months.

So we take a look at what amounts to negligence, what evidence you may need and when it’s worth speaking to a personal injury solicitor.

What Is a Dislocation Injury?

A dislocation occurs when a bone is forced out of its normal position within a joint. The most common dislocation injuries are to a shoulder or a knee, but elbows, hips, fingers, ankles and jaws can also be dislocated.

Many dislocations require emergency treatment to relocate the joint. In more severe cases, surgery, physiotherapy, and ongoing rehabilitation may be necessary. The NHS advises to not try and treat a dislocation yourself.

Some people make a full recovery within weeks, while others may experience lasting complications, such as:

• Chronic pain
• Joint instability
• Nerve damage
• Reduced range of movement
• Recurrent dislocations
• Long-term mobility problems

Can You Claim Compensation for a Dislocation Injury?

You may be able to claim compensation if:

• Another person or organisation owed you a duty of care.
• They breached that duty through negligence.
• Their actions or omissions caused your dislocation injury.
• You suffered losses as a result.

The circumstances surrounding the accident will determine whether you have grounds to bring a personal injury claim.

Three of the most common scenarios involve dislocation injuries sustained:

1. At work
2. In public places
3. In road traffic accidents

Dislocation Injury at Work?

Employers have a legal duty to take reasonable steps to protect employees from avoidable harm in the workplace under regulations such as the Health and Safety at Work Act 1974.

Dislocation injuries at work can occur in many environments, including warehouses, construction sites, factories, offices and healthcare settings.

When Is It Negligence in a Workplace Dislocation Claim?

Examples of employer negligence may include:

• Failing to carry out suitable risk assessments
• Providing inadequate health and safety training
• Allowing unsafe manual handling practices
• Failing to maintain equipment
• Leaving trip hazards in walkways
• Ignoring known safety concerns
• Failing to provide suitable personal protective equipment

Example scenario:

A warehouse worker may dislocate their shoulder after being required to lift heavy loads without proper training. Similarly, a construction worker could suffer a dislocated knee after falling through an inadequately protected opening.

If an employer failed to take reasonable steps to prevent foreseeable harm, they may be liable for the injury.

Claim Compensation for a Dislocation Injury in a Public Place

Local authorities, businesses, retailers, and occupiers of premises generally have a duty to take reasonable care to keep visitors reasonably safe.

Dislocation injuries in a public place frequently occur following slips, trips, and falls in public locations such as supermarkets, shopping centres, car parks, restaurants, leisure facilities and even public footpaths.

Negligence in a Public Liability Claim

Examples of negligence may include:

• Wet floors without warning signs
• Poorly maintained pavements
• Uneven flooring
• Damaged staircases
• Inadequate lighting
• Untreated ice or snow hazards
• Loose cables creating trip risks

Imagine a customer slips on a recently mopped supermarket floor that has no warning signs in place. If they fall and dislocate their shoulder or elbow, the business may potentially be responsible for failing to address the hazard or provide adequate warning.

The key question is often whether the organisation knew, or should reasonably have known, about the hazard condition and failed to take appropriate action.

Can I Claim After a Road Traffic Accident?

Road traffic accidents are a common cause of serious joint injuries. The impact generated during a collision can place significant force on the body, causing joints to dislocate, including shoulders, hips, knees and wrists. Drivers, passengers, motorcyclists, cyclists, and pedestrians may all be entitled to claim compensation if another road user caused the accident.

Negligence in a Road Traffic Accident Claim?

Negligence may arise where a road user:

• Drives without due care and attention
• Speeds excessively
• Uses a mobile phone while driving
• Fails to observe traffic signals
• Pulls out without checking it is safe
• Leaves insufficient stopping distance
• Drives under the influence of alcohol or drugs

For example, if a distracted driver collides with your vehicle and the impact causes a shoulder dislocation, you may have grounds to pursue a personal injury claim against the at-fault driver’s insurer.

What Evidence Supports a Dislocation Injury Compensation Claim?

Evidence plays a vital role in establishing both any negligence and the severity of your injury and it helps to show:

• How the accident occurred
• Who was responsible
• The extent of the dislocation injury
• The financial impact on your life

1. Medical Evidence

Medical records often form the basis of any dislocation injury claim. Useful documents include hospital records, X-rays and MRI scans, GP and physiotherapy records and orthopaedic assessments.

These records help prove that the dislocation occurred and will identify any ongoing symptoms, complications, or treatment requirements.

2. Accident Reports

It’as advisable to report the accident as soon as possible as this creates an independent record of what happened. Official accident records can provide valuable evidence, for example:

• Workplace accident book entries
• RIDDOR reports
• Local authority incident reports
• Retail accident logs
• Police collision reports

3. Photographic Evidence

Photographs can be particularly good evidence and they capture conditions which may later be removed or repaired. If possible, take photographs of:

• The accident location
• Defects or hazards
• Vehicle damage
• Visible injuries
• Medical supports such as slings or braces

4. Witness Statements

Independent witnesses may also provide important evidence which confirms your version of events, such as:

• How the accident happened
• The presence of hazards
• Unsafe workplace practices
• The behaviour of those involved

 5. Financial Evidence

Compensation can include more than pain and suffering as you can also recover financial losses linked to the injury. These may cover lost earnings, medical expenses, travel expenses to medical appointment, rehabilitation costs and care and assistance costs. So make sure to keep receipts, invoices, payslips and employment records to strengthen your claim.

How Much Compensation Could You Receive for a Dislocation Injury?

Every claim is unique and compensation for a dislocation injury claim will depend on factors such as:

• The joint affected
• The severity of the dislocation
• Whether surgery was required
• Recovery time
• Ongoing symptoms
• Impact on employment
• Future prognosis

More serious cases involving permanent disability, recurrent dislocations, or long-term limitations typically attract higher compensation awards than injuries from which a claimant fully recovers.

Your personal injury solicitor will be able to calculate an estimate for your specific claim.

Why Should You Consult a Personal Injury Solicitor?

Although it is possible to pursue a claim independently, many people benefit from seeking legal advice as early as possible because a personal injury solicitor can:

• Assess whether you have a valid claim
• Identify the evidence needed to support your case
• Obtain independent medical evidence
• Value the claim accurately
• Deal with insurers on your behalf
• Negotiate a settlement
• Represent you if court proceedings become necessary

Dislocation injuries can appear straightforward initially but may develop into long-term problems involving instability, arthritis, nerve damage, or recurring dislocations. An experienced solicitor will aim to ensure any settlement reflects both your current losses and future needs.

As a claims management company, we partner with a panel of experienced personal injury solicitors who offer a free, initial consultation.

FAQs: Claim Compensation for a Dislocation Injury

Can I claim compensation for a dislocated shoulder?

Yes, if you can show that somebody else’s negligence caused the accident that led to your shoulder dislocation, you may be entitled to claim compensation.

Can I claim if I dislocated my knee after slipping at work?

Possibly, if your employer failed to maintain a safe working environment or breached health and safety regulations, you may have grounds for a claim.

What is the time limit for making a dislocation injury claim?

In most cases, you have three years from the date of the accident or from the date you became aware that negligence caused your injury. There are exceptions, for example for children or those lacking mental capacity.

What We Can Do For You

A dislocation injury may have an impact on every aspect of daily life, from working and driving to exercising and carrying out routine tasks. Whether you suffered a dislocated shoulder at work, a dislocated knee in a public place, or a serious hip dislocation in a road traffic accident, you may be entitled to compensation if negligence played a role.

Our team will guide you through the claims process and we work with highly experienced lawyers who will assess your case. Call us for free at 0333 358 3034 or visit our Contact Us Page and we can call you back at a time suitable for you.

 

Disclaimer: This guide provides general information and is not legal advice. For personalised guidance, please speak to a qualified solicitor.