Many jobs involve carrying out the same tasks constantly over prolonged periods. When that’s the case, there is a potential for a Repetitive Strain Injury (RSI). One of the most common RSI injuries is bursitis. This condition has many other names including tennis elbow, housemaid’s knee, beat knee, bricklayer’s shoulder, and policeman’s knee to name but a few. However, they all have the same symptoms.
In this guide to bursitis compensation claims, we’ll explain when you might be eligible to make a claim, why your employer might be liable to pay you compensation, and how much compensation for bursitis could be awarded.
If you believe you have the grounds to make a bursitis compensation claim and would like to discuss your options straight away, you can call us on 0800 6524 881. Alternatively, to learn more about how the process works, please read the rest of this guide.
Table of contents
- Am I Eligible To Claim Compensation For Bursitis?
- What Is Bursitis
- Reducing Bursitis In The Workplace
- How Much Compensation For Bursitis Could I Claim?
- Bursitis Settlement Amounts Guide
- Evidence To Support A Bursitis Compensation Claim
- Bursitis Compensation Claims Time Limits
- How A Personal Injury Solicitor Helps With Claiming Compensation For Bursitis
When personal injury solicitors are presented with a potential bursitis claim, they need to check its viability. They can’t accept all claims and will only offer their services if the case appears to have a chance of success. Therefore, they will need to verify if:
- Your employer breached their duty of care through negligence; and
- As a result, you are suffering from the symptoms of bursitis.
The Health and Safety at Work Act 1974 means all employers have to do all they can to try and keep their employees and staff safe at work. Whilst that means they should try to stop accidents from happening, they should also look to protect staff from repetitive strain injuries that are sustained over the long term. If your employer has breached their duty of care towards you, a bursitis compensation claim might be possible.
Importantly, you should not worry about claiming against your employer. Laws exist which means it is illegal to be dismissed, singled out, treated differently, or demoted for making a personal injury claim. If that were to happen, you could make a separate claim for unfair or constructive dismissal.
Bursae exist in the body to reduce friction between tissues in the body. They are sacs filled with fluid that act as a gliding surface to reduce friction. The major joints in your body have bursa to protect them including the ankles, hips, knees, shoulders, and elbows.
Bursitis is where a bursa becomes inflamed. It can cause reduced motion usually on a temporary basis.
You should always visit a doctor if you believe you’re suffering from a repetitive strain injury such as bursitis. The more common symptoms of bursitis include:
- Regular joint pain when attempting to move;
- Pain and discomfort when placing pressure on a particular area;
- Feeling of tenderness around the joint even without moving;
- Reduction in the mobility of the affected joint;
- Visible swelling around the impacted joint.
It is the ability to match the symptoms of bursitis against an individual’s past working practices that allow doctors today to link the two. If this link is backed by strong evidence then there is every chance that you may have a claim for bursitis compensation from your employer.
As part of their duty of care, your employer should try to reduce any risks while you’re at work. Therefore, if you are concerned that your role is causing your health to suffer, your first step should be to explain your worries to your supervisor. Steps that could be taken by an employer to reduce bursitis in the workplace include:
- Conduct an occupational health assessment of your role.
- Provide advice and training on posture or technique.
- Provide gloves or padding when using some tools that put pressure on joints.
- Rotate jobs to reduce the time an employee carries out repetitive tasks.
- Provide kneeling pads or elbow pads.
- Use ergonomic devices for some office roles.
If your employer is aware of your concerns but doesn’t do anything about them, you could be eligible to seek damages if the lack of action results in bursitis. Please call our team to find out more.
The amount of compensation for bursitis you could claim will depend primarily on the severity of the condition, your future prognosis, and the effect bursitis has had on your life.
Essentially, any compensation for bursitis will usually be based on:
- General damages. This element will focus on the pain and suffering bursitis has caused, and any loss of amenity too. Loss of amenity is where a financial value is placed on something you can no longer enjoy because of your injury.
- Special damages. This part of your claim is used to recover costs, expenses, or financial losses caused by bursitis. The claim could include medical costs, lost income, or travel costs amongst other things.
To establish the extent of your injuries, an independent medical specialist will need to review your bursitis. They’ll then provide a report to all parties that sets out how long you suffered for and whether you’ll suffer in the future.
To review what settlement amount might be paid for bursitis we have listed some compensation figures for commonly affected areas as a guide.
- Up to £96,210 compensation for knee injuries.
- Up to £48,030 compensation for shoulder injuries.
- Up to £54,830 compensation for elbow injuries.
- Up to £69,700 compensation for ankle injuries.
- Up to £130,930 compensation for hip injuries.
As legal professionals refer to the Judicial College Guidelines when settling claims, we’ve used these figures here. However, as each bursitis claim is unique, the figures should only be used as guidance as your solicitor will have to review all the details of your claim and medical report to calculate a final payout amount.
As with any bursitis compensation claim, you will need evidence to show why your employer is responsible for you suffering from bursitis. This isn’t always easy but evidence you could use includes:
- Correspondence with your employer. When you raise your concerns with your employer, you should do so in writing. That way there is a clear record of when you contacted them. Additionally, keep hold of any replies you receive from them as well.
- Medical reports. It is important to have your condition properly diagnosed and treated. Therefore, it is always a good idea to visit your GP for advice. If you decide to proceed with a bursitis claim, you can request a copy of your medical records to prove that bursitis has been diagnosed.
- Photographs. Another useful piece of evidence is photographs of your working environment. This could include photos of any equipment you believe is causing you to suffer a repetitive strain injury.
- A diary. To help prove why your role caused bursitis, it may be useful if you keep a record of the amount of time you carry out particular tasks.
- Occupational health reports. If your employer asks an occupational health specialist to assess how you work, you should be given a copy of the subsequent report. This could also be used as evidence if necessary.
Once you’ve collected any evidence to support your bursitis compensation claim, or would like our solicitors to see what they can do to get more evidence, call our advisors today. After your initial consultation, they’ll explain your options and could connect you with one of our personal injury solicitors.
Claims for injuries at work are time-limited. The limitation period for such claims is 3-years. For bursitis claims, this will usually begin from the date you received a diagnosis from your GP.
Because there is a lot of work involved in preparing a bursitis compensation claim, we’d suggest contacting us as soon as possible if you’d like to take action. If you get in touch when there’s not a lot of time left, your solicitor may not be able to collect all of the evidence required to submit your claim.
To start the ball rolling now, please call our advisors right away.
Instead of dealing with your bursitis claim themselves, your employer will ask their insurance company to handle it. They will only compensate you if you can prove exactly how your employer’s negligence led to you suffering from bursitis. This won’t be easy and might involve complex legal or medical arguments.
Our solicitors can make the process easier and could improve your chances of being compensated fairly. If your bursitis claim is taken on, your solicitor will:
- Review your case thoroughly with you.
- Collect and collate evidence to try and prove how your injuries were sustained.
- File the claim with your employer.
- Arrange for an independent medical review.
- Handle all communication on your behalf.
- Send you regular updates about how your case is progressing.
- Review any settlement offers with you.
- Negotiate to try and achieve the highest compensation amount possible.
If you’d like to begin a claim right away, call us for free on 0800 6524 881. An advisor will review your claim with you and explain your options.
Remember, our solicitors work on a No Win No Fee basis for any bursitis compensation claim they work on.