Helpful Information
A scapular fracture is a break in the scapula, or shoulder blade, a flat, triangular bone located at the back of the shoulder. These fractures are relatively rare, often resulting from high-impact trauma such as road accidents or falls from significant heights. The scapula’s surrounding muscles and chest wall usually protect it, so considerable force is needed for a fracture to occur. Symptoms include intense shoulder pain, swelling, and limited arm movement. Treatment typically involves rest, immobilisation, and physical therapy, although surgery may be required for severe fractures where the bone is significantly displaced or involves the shoulder joint. In scenarios where this type of injury is caused by neglient or reckless behaviour by a third party, it may be possible to bring a personal injury compensation claim.
Can scapular fractures occur in the workplace?
Yes, especially in environments involving heavy labour or high-risk activities. Common causes include falls from heights, such as ladders or scaffolding, direct blows from heavy machinery or falling objects, and accidents involving vehicles like forklifts. Workers in construction, manufacturing, or transportation are more prone to such injuries due to the physical demands and potential hazards. Additionally, slips or trips on uneven surfaces can lead to scapular fractures if the individual falls onto their shoulder. Proper safety measures and protective equipment are essential to reduce the risk of these injuries in the workplace.
How can I prove employer negligence caused this injury?
To prove employer negligence caused a scapular fracture, you must demonstrate that the employer breached their duty of care, leading to unsafe conditions. Evidence may include showing that proper safety measures, training, or protective equipment were not provided, or that known hazards were ignored. Documentation such as incident reports, safety inspection records, or witness testimonies can support your claim. Additionally, proving the employer failed to comply with health and safety regulations, or that equipment was faulty or poorly maintained, strengthens the case. Medical records linking the injury directly to workplace conditions are also crucial for establishing negligence.
In what other scenarios might I have a claim?
Outside the workplace, negligence leading to scapular fractures can occur in road accidents caused by reckless or impaired driving, where a collision forces the shoulder against a hard surface. Inadequate maintenance of public spaces, such as uneven pavements, can result in falls that cause such injuries. Sports facilities may also be liable if they fail to provide safe conditions or proper supervision, leading to accidents. Additionally, medical negligence during procedures involving the shoulder area could potentially cause fractures. In each case, proving that the responsible party breached their duty of care, leading directly to the injury, is essential for a claim.
How much compensation can be claimed?
The amount depends on the injury’s severity. Section 7D of the Judicial Council’s Personal Injuries Guidelines outlines typical general damages awards based on the injury’s nature, severity, and duration. For severe shoulder injuries, general damages may range from approximately €100,000 to €150,000, while serious shoulder injuries may attract awards of around €40,000 to €75,000. Successful claims may also result in special damages awards to cover out of pocket expenses such as medical bills and lost wages.
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Flor McCarthy
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Flor McCarthy wears multiple hats, not only as the managing partner of one of Ireland’s leading law firms, but also as an author, speaker and an acknowledged expert in client service, innovation and marketing.
Beginning his academic journey at UCC, Flor furthered his education with a master’s degree in law from UCD. After gaining valuable experience as a solicitor in Dublin, the allure of home and the family brought him back to West Cork to contribute his expertise to the family business.
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John McCarthy
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John McCarthy is a seasoned solicitor with more than 20 years of experience, specialises in personal injury and medical negligence claims, focusing particularly on high-value compensation cases. His extensive litigation experience spans Circuit Court, High Court and Supreme Court levels.
John's practice involves a diverse range of cases, from personal injury and wrongful death to property damage, defective products, professional negligence and judicial reviews.
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