A shoulder injury can make simple movements difficult: putting on a coat, taking something out of a cupboard, lifting a child or working above your head. If the injury was caused by an accident for which someone else is liable, you can claim compensation for the resulting loss. This may include care costs, help, loss of income and compensation for pain and suffering (smartengeld). The diagnosis alone does not determine how much you receive.
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Written by Onur Arslan, attorney at Arslan Advocaten. Registered in the specialisation register of the Netherlands Bar for employment law and personal injury law. Last updated: 17 September 2026.
With shoulder complaints, disputes about the cause frequently arise. The insurer may, for example, point to wear and tear that was already present before the accident. A careful assessment looks at the full picture: the incident, the medical file, how you functioned before and the changes afterwards. In this article you can read how to gather that information and which heads of damage deserve attention.
In brief
- A shoulder injury after an accident can be claimed if another party is liable; a torn tendon on an MRI scan does not in itself prove that.
- With shoulder injuries, the insurer regularly relies on pre-existing wear and tear, especially over the age of forty, because degenerative changes are then often visible. Earlier abnormalities do not rule out a claim, but they do not prove one either: the decisive question is whether you had symptoms and restrictions before the accident.
- What counts is the difference in functioning before and after the accident: overhead work, lifting, carrying, dressing and sleeping.
- The following may be compensated: treatment costs, aids, loss of income, help at home and compensation for pain and suffering.
- If there is a persistent disagreement about the link with the accident, an independent medical examination can provide a solution.
Which shoulder complaints can arise after an accident
After a fall or collision, various structures around the shoulder may be affected. A torn tendon, fracture or dislocation requires different treatment from other forms of shoulder pain. Sometimes it is not initially clear what exactly has been damaged. The medical assessment and the choice of treatment are matters for your healthcare providers.
For a personal injury claim, it must become clear which symptoms and restrictions you experience. Can you raise your arm, move it behind your back or hold an object? Are the symptoms constant or mainly present under strain? Sleeping problems can also be significant if they are demonstrably connected with the shoulder complaints.
Try to describe factually what has changed. Saying that you can no longer work is less useful than explaining which actions you cannot perform and for how long you can keep them up. A medical adviser or expert can link such information to the examination findings and the relevant prognosis.
Liability after a fall, collision or accident at work
The first legal question is who bears responsibility for the incident. In a road traffic accident, the traffic situation and the conduct of those involved are examined. In an accident at work, the focus is on matters such as safe work equipment, instructions and supervision. A fall in a shop or in the street requires an investigation into the specific danger.
Keep evidence of how the accident happened. Note the place, time and circumstances and ask witnesses for their contact details. In a fall from a ladder, for example, it may be relevant which equipment was used and which instructions you were given. In a collision, an accident report form, photographs and any police information will help.
An admission of liability can form the basis for compensation, but it does not automatically mean that all your current shoulder complaints will be attributed to the accident. The extent of the loss and the medical link may remain separate points of dispute. Always ask the insurer to state clearly which element is being disputed.
The significance of earlier wear and tear
Imaging may show changes that had existed for some time. That does not necessarily mean that you had the same symptoms before the accident. Conversely, the onset of pain after an incident does not automatically prove that every abnormality found was caused by that incident. The assessment requires consistency between the medical data and how you function.
It is relevant, for example, whether before the accident you worked full time, played sport and could move your arm overhead. Had you previously received treatment for the shoulder, taken sick leave or had restrictions? Had surgery already been discussed? Such information helps to establish the starting position carefully and to recognise any aggravation.
Disclose relevant earlier complaints in full. A well-substantiated claim does not need to conceal an existing vulnerability. However, an older abnormality should not be used, without concrete explanation, to account for all new problems. An independent medical assessment may be necessary if the parties continue to disagree on this.
A torn tendon and disputes about the link with the accident
With a torn tendon, the question may arise whether it was caused by the accident, already existed, or only started causing symptoms because of the accident. The answer may depend on how the accident happened, how quickly symptoms developed, earlier information and the examination findings. It is unwise to treat a single detail in isolation as decisive.
Draw up a timeline. Note when you first noticed pain or loss of strength, when you sought medical help and what the first reports say. A later diagnosis and earlier records of complaints may be relevant together. If an initial report is incomplete, discuss how this can be clarified factually; do not alter old documents yourself.
Moreover, the legal question is broader than just the anatomical cause of an abnormality. It must also be assessed which restrictions can be attributed to the accident and how your situation would probably have developed without the accident. That requires cooperation between the medical and the legal assessment.
Shoulder injuries in overhead and heavy work
For painters, plasterers, fitters and care workers, a shoulder injury can have major consequences. Overhead work, pulling, pushing and lifting cannot always easily be replaced by other tasks. An employee who can lift something for a short time cannot necessarily repeat that throughout a full working day.
Describe your work in terms of concrete physical demands. How high do you have to reach, how heavy are the objects and how often do you make the same movement? A job description is a start, but an overview of tasks or a workplace assessment can provide more clarity. It can also be examined which aids or adjustments are possible.
A lasting solution may consist of adapted tasks, fewer hours or different work. Whether any loss of income remains must be calculated financially. Your medical restriction and loss of earning capacity are different concepts. A limited range of motion can mean a great deal for a particular occupation, while someone else can largely continue working.
Loss of income for employees and the self-employed
For an employee, the income after the accident is compared with the likely situation without the accident. Think of wages, fixed allowances and sufficiently concrete future developments. Collect payslips, your employment contract, information about overtime and reintegration arrangements. If a component of your pay is lost, explain why this is connected with the injury.
A self-employed person often needs more extensive substantiation. Which assignments could not be carried out, what turnover was retained and which costs changed? Keep invoices from replacements and correspondence with clients. The loss of profit and the costs of replacement may not be counted twice without correction.
In the case of long-term absence, pension accrual or provisions for later life may also change. That loss does not automatically follow from a standard percentage of the loss of wages. The specific pension scheme or business situation must be examined. Discuss this before a final settlement is concluded, so that a less visible head of future loss is not overlooked.
Help at home with dressing, lifting and household tasks
A shoulder injury can limit your independence, even if you do not have a physically demanding job. Think of washing your hair, putting on clothes, cooking or putting away the shopping. Distinguish between personal care and domestic help. That helps to determine the nature of the need and appropriate compensation.
The division of tasks before the accident is the starting point. Your partner may already have done the shopping, while you did the cleaning and dressed your child. Only the change caused by the accident is relevant to the additional need for help. A concrete description prevents the claim from being drawn up too broadly or, conversely, too narrowly.
Help from family members may qualify for compensation under certain conditions. Record the tasks, their duration and the period. Not every minute that a family member or friend spends with you is an hour of care. In complex care situations, an expert inventory may be necessary, partly to assess the relationship with professional care and public services.
Treatment costs and necessary aids
The costs of treatment, medication or aids can form part of the loss insofar as they are necessary, reasonable and attributable to the accident. First check which amounts are reimbursed through your health insurance or another scheme. Keep invoices and statements showing your own share.
An aid may, for example, be intended to perform a work task differently or to make daily activities easier. For larger expenses, ask in advance for a justification and a quotation. This makes clear why the facility is appropriate and prevents a dispute about an unnecessarily expensive option.
Future costs are not just about the purchase. Maintenance or replacement may sometimes be relevant, but must also be substantiated. Do not assume a fixed replacement cycle without information about use and service life. A realistic estimate is easier for both parties to verify.
How compensation for pain and suffering is assessed for a shoulder injury
Compensation for pain and suffering relates to pain, restrictions and reduced enjoyment of life. The severity and duration of the injury, operations, permanent consequences and your personal circumstances can influence the amount. A diagnosis such as a torn tendon does not in itself give rise to a fixed entitlement to a particular amount.
Also describe the consequences outside work. Perhaps you can no longer lift your child, can no longer swim or can hardly sleep on the affected side. Such information helps to make the non-financial impact understandable. A factual explanation is stronger than a general list of strong words.
Comparison with earlier court decisions can give guidance, but requires care. The recovery period and permanent restrictions must be sufficiently comparable. Moreover, an amount of compensation for pain and suffering is not the same as the total personal injury compensation, which may include, for example, years of loss of income.
Independent medical examination for persistent shoulder complaints
If treatment and the available information do not provide sufficient clarity on the questions relevant to the claim, an independent medical examination may be considered. This is an assessment by an expert on the basis of questions agreed between the parties or set by the court. The examination does not replace your treatment.
The required information, expertise and questions must be discussed in advance. A relevant question may be which restrictions exist and what development would have been expected without the accident. The expert must have room to identify medical uncertainties. A legal outcome desired in advance should not determine the questions put to the expert.
Check factual details carefully when you are given the opportunity to do so. Think of your occupation, previous treatments and the course of events described. The options for responding to a report depend on the type of examination and the applicable procedure. Your claims representative can explain which rights and obligations apply in your case.
Fictitious example of a painter with shoulder complaints
A painter falls at work and afterwards has difficulty working overhead. A scan also shows older changes. Before the fall, the painter worked without restrictions and no treatment had been planned. This example is fictitious; it does not describe a client or a court decision.
For the claim, it is examined what the fall caused or aggravated. The earlier workload, the first report of symptoms and the medical records are compared. It is then considered whether adapted tools or different tasks offer a lasting solution. A chance finding on the scan does not in itself decide the case.
If fewer hours or different work proves necessary, the effect on income is calculated. Help at home, treatment costs and compensation for pain and suffering are also addressed. The final settlement must reflect the medical and occupational assessment, not merely the fact that the painter is now carrying out some tasks again.
Advance payments and the right time to settle
Costs may already be mounting during recovery. If liability and part of the loss have been sufficiently established, an advance payment can be requested. Attach an itemised overview and state any payments received. This shows which amount is still outstanding and which period the request relates to.
A final settlement requires attention to the prognosis. Is further improvement expected, is treatment planned and is your return to work lasting? If uncertainty remains, discuss how it will be dealt with in the settlement. Sometimes additional information is needed; sometimes a clearly defined reservation may play a role.
Do not read a settlement agreement only for the total amount. Check the full and final discharge, any exceptions, the payment term and the arrangements on costs. A future complaint does not automatically fall outside the settlement because you did not yet have it when you signed. The exact wording and its legal meaning are therefore important.
Sleep and recovery as part of daily functioning
Shoulder pain can disturb your sleep, making you more tired during the day or less able to keep up activities. Discuss such complaints with your practitioner and describe them in the file when they actually occur. What matters is the concrete effect on your functioning, not a general assumption that every shoulder injury automatically causes sleeping problems.
A short record can show how often you wake up, which position causes problems and what the consequences are the next day. Avoid making an additional diagnosis yourself. Medical information can help assess whether a link is plausible and whether further examination is needed.
Tasks outside paid work may also be relevant. Think of lifting a child, caring for a partner who needs help or work on your home. Describe which activities you actually carried out before the accident. Not every activity leads to a separate financial item, but the information can clarify both the need for help and the personal consequences.
If your other arm takes over tasks, record whether this works in the long term. A temporary solution may look good on paper while in practice you work much more slowly or continue to need help. Do not let the calculation of damages depend solely on whether you can perform an action once. Duration, repetition, recovery and the combination of daily obligations are all part of a realistic picture of your restrictions.
Which statutory provisions apply to a shoulder injury
With a shoulder injury, the legal issues usually concern liability and causation. The following provisions are decisive:
- Article 6:162 of the Dutch Civil Code (BW) the general legal basis in the case of a fall, collision or someone else’s error.
- Article 7:658 BW (the employer’s duty of care) if you were injured in the course of your work, a separate regime applies with a reversed burden of proof. You only need to show that you suffered damage in the performance of your work; the employer is then liable unless it proves that it complied with its duty of care, or that the damage was to a significant extent the result of your intent or deliberate recklessness. That last threshold is high: carelessness or routine is not deliberate recklessness. Paragraph 4 extends the protection to agency workers, seconded workers and freelancers (zzp’ers) who perform work for a client in the course of the client’s profession or business, and paragraphs 1 and 2 cannot be derogated from to the detriment of the employee (paragraph 3). Do not confuse this regime with ordinary contributory negligence under Article 6:101 BW: there, carelessness can reduce the compensation. Overhead work, lifting and repetitive strain are among the things an employer must assess.
- Article 6:98 BW the pivotal provision in disputes about wear and tear: compensation is paid for the loss that can be attributed to the accident as its consequence. Pre-existing abnormalities without symptoms do not rule out attribution. See predisposition and pre-existing conditions and medical causation.
- Article 6:96 BW compensation for financial loss and for reasonable costs of establishing the damage and liability, including medical advice.
- Article 6:106 BW the legal basis for compensation for pain and suffering.
- Article 6:101 BW contributory negligence can reduce the compensation, subject to a fairness correction that may work in your favour precisely in cases of serious injury.
The texts have been checked on wetten.overheid.nl. If there is doubt about the link with the accident, a targeted set of questions to an expert is usually legally more valuable than yet another scan. Whether an additional scan is useful remains a medical decision for your practitioner: an insurer cannot require it of you, and you do not have to undergo an examination merely because it might settle a dispute in the file.
Making your workload concrete: an overview of tasks
“I can no longer work overhead” tells an insurer very little. This overview makes your workload measurable. Fill it in with your job description alongside it and, if possible, have your manager or occupational physician confirm it.
| Task | How often | How long each time | Height / weight | Possible before the accident | Possible now | What happens afterwards |
|---|---|---|---|---|---|---|
| Screwing above shoulder height | approx. 30 × per day | 2–5 min | Above 140 cm, drill 2.5 kg | Fully | Max. 5 ×, then no longer | Pain until the next morning |
| Lifting materials | 15 × per day | – | 10–20 kg | Fully | Up to 5 kg, with both hands | Stabbing pain when lifting |
| Working on a ladder | 3 × per week | 20 min | – | Fully | Not possible: no strength to hold on | – |
| Screen work | Daily | 3 hours | – | Fully | Possible, with breaks | Stiffness after 1 hour |
| Dressing and washing | Daily | – | – | Independently | Help with coat and shirt | – |
| Night’s sleep | Daily | – | – | Slept through | Wakes 2–3 × due to pain | Tiredness during the day |
Frequently asked questions about shoulder injuries
Can I receive compensation for a torn tendon?
Yes, if another party is liable and the loss can be attributed to the accident. The amount depends on your restrictions, recovery and financial consequences. A torn tendon does not automatically lead to a fixed amount of compensation.
How do I prove that I cannot work overhead?
Describe the tasks, duration and physical demands and discuss the restrictions with your practitioner. Medical information and, if necessary, an assessment by a labour expert can substantiate this. A concrete overview of your work is more useful than just your job title.
Are future operations taken into account?
They can be if the risk or necessity is sufficiently substantiated medically. How this is dealt with depends on the remaining uncertainty. A possible treatment should not, without explanation, be treated as if it will certainly take place.
How much compensation for pain and suffering is appropriate for a shoulder injury?
That differs from person to person. Pain, recovery period, treatments and permanent consequences all play a part. Comparable court decisions can help, but they are not a price list. Ask for an explanation of why a proposed amount fits your situation.
Is legal assistance always free of charge?
Where there is liability, reasonable extrajudicial costs can be recovered. That is not an unlimited guarantee. In court proceedings or a dispute about liability, other arrangements on costs may be needed. Discuss these before any work begins.
The insurer is rejecting my claim because the MRI shows wear and tear. Is that justified?
Not necessarily. The question is not whether there are abnormalities, but whether you had symptoms and restrictions before the accident. If you were functioning normally, the accident may have triggered or aggravated the symptoms, and that may be attributable under Article 6:98 BW. Ask which medical information supports the insurer’s position.
What if I am still working, but in pain and for fewer hours?
Partial loss of working capacity is also damage. Map out which tasks have been transferred, which hours have been lost and whether overtime, allowances or career progression are no longer available. A structurally lower capacity for work can, in the long run, weigh more heavily than the first months of sick leave.
Can I engage a medical adviser myself?
Yes, and that is common practice. The costs of your own medical advice fall under the reasonable costs referred to in Article 6:96(2) BW and may be recoverable once liability has been accepted. Your medical adviser assesses the records; the claims handler deals with the financial items.
Having your shoulder complaints carefully assessed
Arslan Advocaten can discuss with you your situation, the available medical information and the insurer’s position. We look at liability, evidence and the heads of damage that are relevant to your work and daily life. Please also bring information about earlier complaints, so that the assessment can be complete.
Read our explanation of personal injury or get in touch to discuss your file.
Related articles
- Two accidents with the same complaints
- Provisional expert report in personal injury cases
- Predisposition and pre-existing conditions in personal injury cases
- Medical causation in personal injury cases
- Loss of income and loss of earning capacity
- Personal injury after an accident at work
