Claim Criminal Injuries Compensation For Fractured Clavicle (Collar Bone)
A fractured clavicle, commonly known as a broken collarbone, is a painful and restrictive injury that can significantly impact daily life. The clavicle is a crucial bone that connects the shoulder to the sternum, playing a vital role in upper body mobility and function. A fracture in this area can result in limited arm movement, intense pain, and prolonged recovery periods. Victims of violent crimes, including assaults, muggings, or deliberate attacks, may suffer a clavicle fracture due to direct trauma, falls, or blunt force impacts. In severe cases, surgical intervention and long-term rehabilitation may be required.
If you have sustained a fractured clavicle due to a violent crime in the UK, you may be eligible for compensation through the Criminal Injuries Compensation Authority (CICA). This government-backed scheme provides financial assistance to victims who have endured physical or psychological harm due to criminal acts. Understanding the claim process, eligibility criteria, and potential compensation amounts is essential for ensuring that victims receive the financial support they need during their recovery.
Understanding Fractured Clavicle (Collar Bone) Injuries and Their Causes
A fractured clavicle occurs when the collarbone breaks due to significant impact or trauma. As a primary structural component of the shoulder, the clavicle helps support arm movement and stability. When fractured, victims experience severe pain, swelling, and an inability to move the affected arm properly. The severity of the fracture can range from minor cracks that heal with immobilization to complete breaks that require surgical intervention. In some cases, a fractured clavicle may also lead to complications such as nerve damage, misalignment of the bone, or chronic pain that persists even after healing.
Healing times vary depending on the severity of the fracture, the treatment method used, and the individual’s overall health. A non-displaced fracture may take six to eight weeks to heal with the help of a sling, while more complex breaks may require metal plates or screws for stabilization. Victims may also experience reduced strength and limited range of motion in the affected shoulder for months after the initial injury. Physiotherapy is often necessary to restore normal movement and prevent long-term stiffness. Common causes of fractured clavicle injuries:
- Assaults and Physical Attacks: Direct blows to the collarbone, such as being struck with a heavy object, punched with force, or kicked in the upper chest, can lead to fractures. In some cases, repeated strikes may cause severe bone displacement, requiring surgical correction.
- Muggings and Robberies: Victims who are forcefully pushed, thrown to the ground, or violently restrained may suffer a fractured clavicle due to the direct impact on hard surfaces. The severity of the injury can increase if the victim lands awkwardly on their shoulder or outstretches their arm to break the fall.
- Falls Due to Violent Crime: Being shoved down stairs, onto hard surfaces, or against a solid object can place extreme stress on the collarbone, leading to breaks. The risk of injury increases if the victim lands on their side or arm, as this forces the clavicle to absorb excessive impact.
- Blunt Force Trauma: Criminal acts involving weapons, such as bats, metal rods, or heavy objects, can cause severe fractures that may require surgery and prolonged recovery. The force of impact can not only break the bone but also damage surrounding ligaments and nerves, further complicating the healing process.
- Hit-and-Run Incidents or Vehicle-Related Assaults: Being struck by a vehicle or forcibly pushed into an object can result in clavicle fractures, often accompanied by additional injuries such as rib fractures, head trauma, or internal bruising. These incidents often lead to more complex fractures that require extensive medical intervention and long-term rehabilitation.
Eligibility for a CICA Fractured Clavicle (Collar Bone) Compensation Claim
To be eligible for CICA compensation, victims must meet specific criteria designed to ensure financial aid is granted to those who have suffered injuries as a result of violent crime. The key requirements include:
- The Crime Must Be Reported to the Police – Victims must notify the police as soon as possible, and an official report must be filed. Delayed reporting may weaken a claim unless a valid reason, such as medical incapacity or trauma, is provided.
- The Incident Must Have Taken Place in the UK – Compensation is only available for crimes that occurred within England, Scotland, or Wales.
- Full Cooperation with the Police is Required – Victims are expected to assist law enforcement in their investigation by providing statements and any relevant evidence. Failing to do so may result in claim rejection.
- A Criminal Record May Affect the Claim – If the claimant has previous convictions, particularly for violent crimes, their compensation may be reduced or denied depending on the severity of their past offenses.
- The Claim Must Be Submitted Within Two Years – Applications should be filed within two years of the incident. However, exceptions may be made for cases involving minors or individuals suffering from severe psychological distress that delayed their ability to apply.
- There Must Be Evidence of Physical or Psychological Injury – Compensation is awarded based on the extent of the injury, which may include fractures, nerve damage, or psychological trauma such as PTSD and anxiety related to the crime.
How Much Compensation Can You Receive for a Fractured Clavicle (Collar Bone)?
Our cica claim calculator in the main menu will help you with estimating the potential compensation that may be paid in respect to your claim. However, be aware that figures do vary considerably depending upon the nature (severity) of the injury and the impact on your daily life, period of suffering and whether any mental harm has been caused.
CICA follows a structured tariff system for compensation awards based on the severity of the injury and its long-term effects. The compensation amounts for a fractured clavicle are as follows:
- Fractured Clavicle – One Clavicle
- Continuing significant disability: £2,400
- Fractured Clavicle – Two Clavicles
- Substantial recovery: £2,400
- Continuing significant disability: £4,600
Compensation is determined based on the severity of the injury, the level of recovery, and any long-term impairment. A continuing significant disability means that the victim has lasting mobility issues, chronic pain, or restrictions that affect daily life. Those requiring surgery or extended physiotherapy may qualify for a higher amount.
Victims who suffer ongoing complications, such as nerve damage, post-traumatic arthritis, or permanent mobility restrictions, may also be eligible for additional compensation beyond the base amount. This may include lost earnings, medical treatment costs, and rehabilitation expenses if the injury prevents them from returning to work or normal activities. If the injury leads to psychological trauma, such as PTSD or anxiety due to the violent crime, victims may also be entitled to compensation for emotional distress.
Compensation awards are based on the extent of the injury, including pain levels, mobility restrictions, and the requirement for surgical intervention. Victims who suffer long-term complications, such as chronic pain or limited arm mobility, may be eligible for higher compensation or additional support.
Beyond the base injury compensation, victims may be eligible for further financial support depending on how the injury affects their life. These additional claims include:
- Loss of Earnings Compensation: If the injury prevents the victim from working, they may claim compensation for lost income, including long-term disability-related losses.
- Medical Expenses: Reimbursement for costs related to surgery, physical therapy, pain management, and any necessary medical treatments that are not covered by NHS.
- Care and Assistance Costs: Compensation for victims who require mobility assistance, household support, or modifications to their living space due to their injury.
- Psychological Injury Compensation: If the injury leads to PTSD, anxiety, or depression, additional financial aid may be awarded.
Understanding Fractured Clavicle (Collar Bone) and Types of Fractured Clavicle (Collar Bone)
Clavicle fractures can differ greatly in severity and location, influencing both the treatment approach and recovery timeline. Some fractures may heal with minimal intervention, while others require surgery, physical therapy, and an extended period of rehabilitation. Below are the most common types of clavicle fractures:
- Midshaft Fracture: The most frequent type of clavicle fracture, occurring in the middle portion of the bone, usually due to direct impact or trauma. While some cases heal with immobilization using a sling, severe breaks may necessitate surgery to realign the bone.
- Distal Clavicle Fracture: This type of fracture occurs near the shoulder joint and can lead to instability, making movement painful and difficult. Depending on the extent of displacement, surgical intervention may be required to restore proper function.
- Comminuted Fracture: A complex injury where the bone shatters into multiple fragments. This type of fracture is more challenging to treat and often requires surgical plates or screws to hold the bone together during healing.
- Open (Compound) Fracture: A rare but severe injury in which the broken bone pierces through the skin, increasing the risk of infection. Immediate medical attention and surgical intervention are crucial to prevent complications.
- Greenstick Fracture: More commonly seen in children, this fracture occurs when the bone bends without completely breaking. Although typically less severe, proper medical supervision is essential to ensure the bone heals correctly and does not lead to long-term deformities.
Each type of clavicle fracture presents unique challenges, and recovery may take weeks to months, depending on the severity of the injury and the effectiveness of rehabilitation efforts.
Occupational and Lifestyle Impact of a Fractured Clavicle
A fractured clavicle can greatly disrupt an individual’s daily routine, particularly for those who depend on upper body strength for work, physical activities, or household tasks. The recovery period can be challenging, with some victims facing ongoing physical and mental health struggles. Many victims experience:
- Work Limitations: Jobs that require lifting, carrying, or repetitive arm movements become difficult, often leading to time off work, reduced productivity, or even career changes. In severe cases, victims may need workplace adjustments or seek alternative roles that require less physical exertion.
- Chronic Pain and Stiffness: Many victims suffer from lingering pain even after the bone has healed. Post-injury stiffness, nerve irritation, or improper healing can lead to discomfort that persists for months or even years, requiring ongoing physiotherapy or pain management strategies.
- Loss of Independence: A fractured clavicle can make simple tasks like dressing, cooking, or driving more challenging. Many victims require assistance with daily activities, impacting their independence and quality of life.
- Restricted Mobility: The shoulder and arm play a crucial role in movement, and any restrictions in range of motion can hinder routine activities such as exercising, carrying groceries, or participating in sports. Recovery often involves extensive rehabilitation to regain flexibility and prevent long-term disability.
- Emotional and Psychological Effects: The frustration of limited mobility, dependency on others, and an inability to return to normal life can take a toll on mental health. Victims may experience anxiety, depression, or post-traumatic stress disorder (PTSD), particularly if the injury resulted from a violent attack. Access to counseling or therapy can be beneficial in coping with these emotional challenges.
Long-Term Medical and Rehabilitation Needs
Recovering from a fractured clavicle often extends beyond initial treatment. In many cases, victims require ongoing medical attention and rehabilitation to regain full function and prevent future complications. Important aspects of long-term recovery include:
- Physiotherapy and Strength Training: Regular physical therapy is crucial to restore shoulder and arm mobility. Targeted exercises help strengthen muscles and prevent stiffness, reducing the risk of long-term disability.
- Surgical Follow-Up and Adjustments: If the fracture required surgical intervention, follow-up appointments are necessary to monitor healing. In some cases, metal plates or screws used in the procedure may need to be removed after the bone has fully healed.
- Pain Management Strategies: Some individuals continue to experience pain after recovery, requiring long-term pain management, including medication, cortisone injections, or alternative therapies like acupuncture.
- Adaptive Lifestyle Adjustments: Those with permanent mobility limitations may need ergonomic adjustments at work, home modifications, or assistive devices to maintain an independent lifestyle.
- Psychological Support: Dealing with long-term pain and reduced mobility can be emotionally taxing. Counseling and support groups can help victims cope with the mental health aspects of injury recovery.
Addressing these medical and rehabilitative needs ensures a smoother recovery and helps victims regain as much function and independence as possible.
Additional Losses You Can Claim
Loss of Earnings – If your injury caused you to be unable to work for more than 28 weeks, you may be eligible for compensation from the Criminal Injuries Compensation Authority (CICA) for lost earnings. To qualify, you must be able to demonstrate that you had a consistent and regular income before the injury. This could include proof of full-time employment, self-employment, or any other verifiable source of income. CICA will consider your pre-injury income levels to calculate the compensation. This can be especially crucial if the injury significantly impacted your financial stability and your ability to support yourself or your family.
Psychological Trauma – If your injury led to psychological trauma such as Post-Traumatic Stress Disorder (PTSD), depression, or anxiety, you may be entitled to additional compensation. These mental health conditions can have a long-term impact on your well-being, and CICA recognises the importance of supporting victims of crime with emotional and psychological support. To qualify for compensation for psychological trauma, you will need to provide medical evidence of the diagnosis from a qualified mental health professional. The severity of your condition and the impact on your daily life will be taken into account when determining the amount of compensation.
Special Expenses – If your injury results in additional needs, such as mobility aids or home adaptations, CICA may compensate you for these “special expenses.” However, there is an important criterion: you must have been unable to work for at least 28 weeks as a result of your injury. This compensation is meant to help cover the costs of any special equipment or alterations to your living space that are necessary for you to maintain a reasonable quality of life after the injury. This can include items like wheelchairs, prosthetics, home modifications (such as ramps or stairlifts), or any other equipment that helps you with mobility or daily activities. The claim must be substantiated by proof of these expenses and how they relate to your injury.
- Report the Crime Immediately – Delays in reporting the crime can weaken your claim, so notify the police as soon as possible. If there is a valid reason for a delay, such as being medically incapacitated or facing threats from the perpetrator, you must provide evidence to support your explanation.
- Provide Strong Medical Evidence – Ensure all medical reports, X-rays, and surgical records clearly detail your injury, the severity of the fracture, and its long-term effects. A medical professional’s prognosis regarding mobility limitations, future treatments, and rehabilitation needs can strengthen your claim.
- Keep Financial Records and Document Expenses – If you have lost earnings or incurred medical expenses due to your injury, retain all relevant documentation. You may be able to claim special expenses for:
- Loss of income due to inability to work;
- Mobility aids such as crutches or wheelchairs;
- Home modifications (e.g., stairlifts or handrails);
- Ongoing physiotherapy or rehabilitation costs;
- Travel costs for medical appointments;
- Costs of personal care if you need assistance with daily activities.
- Be Consistent with Your Statements – Ensure your statements to the police, medical professionals, and CICA are aligned. Discrepancies in accounts of how the injury occurred or differences in timelines may raise questions that could delay or reduce your compensation.
- Seek Legal Assistance If Necessary – If your case is complex, involves long-term disability, or was initially rejected, consulting a solicitor who specialises in CICA claims may help strengthen your application. Legal professionals can assist in gathering additional evidence, drafting appeals, and negotiating a fair settlement.
Criminal Injuries Compensation Basic Eligibility Requirements:
You need to meet some basic requirements before you can claim compensation from CICA
- Time Limit: There is a two-year time limit for making a CICA claim for compensation under the scheme, although exceptions may be made in cases where the injury was not immediately apparent or where the victim was a child at the time of the crime. Exceptions may be made for historic sexual abuse cases else you should have a good reason for delay in making a claim.
- Connection Between Injury & Crime: The injuries you are claiming for must have been sustained as a direct result of a crime of violence and you are a blameless victim.
- Reporting the Crime: The crime must have been reported to the police as soon as is reasonably practicable and you do not drop the charges. The victim must have cooperated with the police investigation and prosecution. CICA does not consider whether an assailant is prosecuted or not.
- Residency: To be eligible for compensation under the CICA scheme, the incident must have happened in England, Scotland or Wales and victim must have been resident in the UK at the time of the crime.
- Behaviour of The Victim: The victim’s behaviour must not have contributed to the injury. In certain circumstances, compensation may still be payable even if the victim’s behaviour contributed to the injury, but this will be assessed by CICA on a case-by-case basis.
- Criminal Convictions: In some cases, compensation may be reduced or refused if the victim has an unspent criminal record.
- Injuries Before 1979 (the “same roof” rule): Until 2019, victims injured before 1 October 1979 by an attacker they lived with could not claim. That restriction was abolished in June 2019, so if you were previously refused compensation for this reason you may now be able to apply.
If you are considering making a compensation claim for your injuries, it’s always best to consult with a solicitor or the Criminal Injuries Compensation Authority (CICA) to check your eligibility to make a claim. You can call us or request a free callback for a free initial consultation. We take all CICA cases on a No Win, No Fee basis. This means you don’t need to pay us anything if we can’t secure any compensation.
What is Criminal Injuries Compensation Scheme?
The Criminal Injuries Compensation Scheme in the UK is a government-run program that provides financial compensation to individuals who have been physically or mentally injured as a result of violent crime. The compensation is paid to those who have suffered injury and can demonstrate that the injury was sustained as a direct result of a crime of violence.
To be eligible for compensation, the crime must have been reported to the police and the victim must have cooperated with the police investigation and prosecution. The amount of compensation awarded is based on a tariff system and can range from a few hundred to several thousand pounds, depending on the severity of the injury and other factors.
The purpose of this scheme is to provide financial support to victims of violent crime who have been physically or mentally injured as a result of the crime. The compensation is intended to help cover the cost of medical expenses (which are not covered by NHS or recoverable from any other source), lost income, and other expenses related to the injury.
What Payments Are Available From The Scheme?
CICA will consider claims for the following injuries, medical conditions and special expenses:
- mental or physical injury following a crime of violence;
- sexual or physical abuse;
- loss of earnings – where you have no or limited capacity to work as the direct result of a criminal injury;
- special expenses payments – these cover certain costs you may have incurred as a direct result of an incident. You can only ask us to consider special expenses if your injuries mean you have been unable to work or have been incapacitated to a similar extent for more than 28 weeks;
- a fatality caused by a crime of violence including bereavement payments, payments for loss of parental services and financial dependency; and funeral payments.
To qualify for an award, an injury must be described in the tariff of injuries at Annex E of the CICA Scheme. Not all claims for compensation will be successful; you must be eligible under the rules of the Scheme.
What Information Do I Need To Make A Criminal Injuries Compensation Claim?
To make a claim for compensation claim through the Criminal Injuries Compensation Authority (CICA), you will need to provide certain information and documentation to support your criminal injury claim. Some of the information and documentation as minimum you will need include:
Details of The Crime & Injuries: You will need to provide a detailed account of the crime that resulted in your injury, including the date, time, location of the incident and injury details.
Crime Reference Number: You will need to provide the crime reference number issued by the police.
Police Station, Police Officer Name & Collar Number: You will need to provide the name of the police station, police officer name and collar number who dealt with the crime.
GP & Hospital Details and Medical records: You will need to provide GP & hospital details, consent to ask your medical records to see the nature and extent of your injuries, including any diagnoses and treatment received and submit it to CICA.
Other Supporting Evidence: You may also need to provide additional supporting evidence, such as witness statements or photographs, specialist medical reports, etc. to support your claim.
How is The Compensation Amount Determined?
The compensation amount is determined based on a tariff system that takes into account the specific nature and impact of the injury. We can assist with negotiating the compensation amount and ensuring that you receive the maximum amount of compensation available under the scheme. We can also check your eligibility to make a CICA claim and also advise you the approximate award amount you might receive from CICA.
Can I File a CICA Claim & Receive Compensation if The Offender is Not Convicted?
Yes, you can still file a CICA claim and compensation may still be payable even if the offender is not convicted. Remember you have two years to make a compensation claim under the CICA scheme, although exceptions may be made in cases where the injury was not immediately apparent or where the victim was a child at the time of the crime. Exceptions may be made for historic sexual abuse cases else you should have a good reason for delay in making a claim.
Can I Receive Compensation if I Was Injured Outside the UK?
To be eligible for compensation through the CICA, the crime must have occurred in England, Scotland, or Wales. If you were injured outside of the UK, you may still be eligible for compensation through other schemes or compensation programs but not from CICA.
Which Injuries Can Not Be Claimed From CICA?
CICA has specific eligibility criteria for claims, and certain types of injuries or circumstances may not be eligible for compensation. Here are some common examples of injuries or circumstances that may not be eligible for compensation through the CICA:
Self-inflicted Injuries: Compensation cannot be awarded for injuries that were self-inflicted or caused by the victim’s own actions.
Criminal Activity: Compensation cannot be awarded for injuries sustained as a result of criminal activity in which the victim was participating, such as a fight or brawl.
Minor Injuries: Minor physical injuries which can be healed itself such as scratches, bruises, black eye, soft tissue injuries, broken nose, broken ribs, bruising or a black eye are not claimable. You can claim for scarring from the CICA scheme.
Animal Attack / Dog Bite: You can’t claim for any animal attack or dog bites unless the animal was used as a weapon and ordered to attack purely to cause the harm or injuries.
Theft or Burglary: Damaged or lost/stolen properties such as house, car, phone, or any other device cannot be claimed from CICA scheme. You can claim for physical or mental injuries sustained as a result of theft, burglary and attack.
PTSD Not Diagnosed by Psychologist or Psychiatrist: PTSD, Anxiety and depression needs to be diagnosed by a clinical Psychologist or Psychiatrist in order to make a claim. CICA won’t accept any diagnosis by GP or any other medical professional.
When CICA Can Reject Your Claim?
The most common reasons for a Criminal Injuries Compensation Authority (CICA) claim to be rejected are:
Time Limit: Claims must be made within two years of the date of the incident or the date when it is reported to the police. Where claimant is a minor they have until their 20th birthday to make a CICA claim. Claims made outside this time limit may be rejected, unless you have exceptional circumstances for the delay in submitting your claim.
Failure to Cooperate With the Police: Compensation claim may be rejected if the victim failed to provide statement, cooperate with the police during the investigation or dropped charges.
Unspent Conviction: If the claimant has an unspent conviction at the time of applying or before an award offer, their claim may be reduced or rejected. If you are unsure that your drink and drive or any other conviction is spent or unspent then give us a call.
Minor Injuries: If the injuries you sustained during the incident are minor and not included within the ‘CICA Scheme Tariff” then your claim may be rejected by CICA.
Psychological Injury Without Diagnosis: CICA may reject any claim compensation for mental injuries that are not diagnosed by a clinical Psychologist or Psychiatrist.
Lack of Supporting Evidence: If the requested medical evidence or other supporting evidence are not provided or not enough to demonstrate that you sustain an injury as a direct result of violent crime, then your claim may be rejected.
How We Can Help With CICA Claim?
- Providing Advice on Eligibility: We can help determine if you are eligible for compensation through the CICA scheme, based on the specific circumstances of your case and the other requirements of the scheme. We can help you recover compensation from £1,000 to £500,000.
- Gathering & Presenting Evidence: We can help gather and present evidence to support your claim, including medical records, injury form, GP report and other forms & relevant documentation. We will fight to recover the compensation that you deserve & deal with matters on your behalf.
- Completing the Application Form: We will complete the application form for CICA compensation on your behalf to ensure that it is completed correctly and submitted in a timely manner. We will handle everything on priority basis and keep it confidential.
- Negotiating the Compensation Amount: We will negotiate with the CICA on your behalf to ensure that you receive the maximum amount of compensation available under the scheme. We will also advise you that the compensation award offered is appropriate or not.
- No Win, No Fee: We will proceed with you claim on a No Win, No Fee basis. You don’t need to pay us anything if we can’t secure any compensation for you from CICA.
It’s important to note that while a solicitor is not required to make a claim for compensation through the CICA, many victims find it helpful to have legal representation to ensure that their rights are protected and that they receive the maximum amount of compensation available.
Frequently Asked Questions (FAQs)
