If you have suffered an elbow injury and negligence by another party was the cause you could file an elbow injury compensation claim.
While elbow injuries can happen in any situation such as a simple slip, trip or fall or car accident for example, it is often repetitive strain which leads to the most damaging of elbow injuries. As a consequence, most elbow injury claims for compensation relate to the workplace and employers.
While the time limit in which to claim compensation for an elbow injury lasts three years from the date of the accident, in cases where the injury is not diagnosed until further down the line, this period begins when the diagnosis is received. So, due to conditions such as repetitive strain injury it can often be many years down the line before a RSI compensation claim for example is brought to the courts.
Common Accidents Resulting In Elbow Injury Compensation Claims
There are many different accidents where an elbow injury might occur as a consequence of negligence bringing about a claim for compensation. Some of the more common accidents resulting in elbow injury compensation claims we see include:
- Elbow injury from car accidents;
- Falling on slippery surfaces;
- Ill maintained highways and pathways leading to falls;
- Falling on wet surfaces;
- Unsafe furniture leading to heavy falls;
- Crush injuries in and outside of the workplace;
- Badly maintained flooring leading to falls.
In reality an elbow injury could occur anywhere, both inside and outside of the workplace, and lead to significant long-term medical issues.
Common Elbow Injuries
There are a number of common elbow injuries from various accidents. These include elbow injuries such as:
Repetitive Strain Injury
Repetitive strain injuries (RSI) can occur in any environment where repetitive tasks are undertaken over a prolonged period of time. This may include the use of industrial machinery to those with a secretarial role. RSI is a type of injury which impacts the ligaments of the elbow which become inflamed, difficult to move which can lead to extreme pain. While there are medical treatments available to reduce the pain, in some cases it is simply a case of managing the pain without a long-term full recovery. Those who have experienced repetitive strain injuries will be well aware of the potential impact on both working and personal lives.
As the name suggest, usually associated with tennis, tennis elbow (also know as epicondylitis) is a form of repetitive stress injury and usually occurs in people who over extended periods of time are using their arm to carry out repetitive actions. Overusing the arm can cause tendons to become inflamed leading to a lot of pain and discomfort around the elbow and is often seen in various professions such as painters, plasterers and those working on production lines, among others. If you have been employed in a job which you think may have caused tennis elbow you may find our tennis elbow claims advice helpful.
Breaks And Fractures
As the elbow joint is one of the more active joints around the body, a simple break/ fracture, let alone a more serious injury, can take some time to recover. In many cases a simple fracture/ break of the bone will result in a shorter recovery period than that compared to ligament damage. The average fracture/ break recovery period is measured in weeks as opposed to months.
Bursitis is an extremely painful and often debilitating condition. In basic terms, after receiving a severe blow to the elbow the body can react by introducing a fluid-filled sac (bursa) under the skin to protect the injured area. This makes the area extremely tender, leading to extreme pain and swelling. In the majority of cases, the sac will disburse without the need for surgery although there have been occasions where the sac needs to be drained by a medical procedure. If you have this condition you may find our bursitis compensation claims advice useful.
How Much Compensation Can You Claim For An Elbow Injury?
Determining how severe your elbow injury is and how long it will take for you to recover from the injury are two important elements to your claim when calculating what amount of compensation for an elbow injury you could potentially be awarded as settlement.
Elbow Injury Compensation Amounts
- A moderate/ minor elbow injury which may need to be plastered/ bandaged for a few weeks but where a full recovery is expected within 12 months can attract compensation of up to £10,040.
- Compensation for severe elbow injuries towards the lower end of the scale which still cause significant impairment and use of the elbow, but do not require surgery or lead to a significant level of long-term disability, can see a compensation settlement of £12,480 up to £25,510.
- A severe elbow injury leading to long-term disability attracts the highest level of compensation with anywhere between £31,220 and £43,710 potentially claimed.
Filing An Elbow Injury Claim
For a personal injury solicitor to file a successful elbow injury compensation claim whether it’s an elbow injury suffered in the workplace, road traffic accident or a simple slip, trip or fall, they will need to prove negligence from one or more third parties. Contacting a personal injury solicitor for a free consultation gives you the opportunity to discuss your elbow injury claim at no cost where they can explain what the process involves.
It is also very useful to gather as much evidence for your elbow injury claim as possible which may include photographs of the accident scene, medical records, witness statements, evidence regarding the safety of equipment if you suffered your elbow injury at work and even a copy of the company’s accident book which may highlight a number of similar elbow injuries in the past.
If you would prefer to speak directly with a personal injury solicitor about an elbow injury compensation claim on a No Win No Fee basis please contact us today.