If you have developed tennis elbow at work and believe it’s because your employer has been negligent you may be entitled to make a tennis elbow compensation claim.
Anyone who uses their arm to perform the same tasks repeatedly is susceptible to suffering from tennis elbow. The symptoms of this condition often develop due to overuse of the tendons and forearm muscles close to the elbow joint. The medical term for tennis elbow is Epicondylitis and employers have a duty of care to their workforce to have in place the necessary health and safety regulations to protect this from happening. If they have failed in their duty of care and you have developed tennis elbow contact us today to see if you could claim compensation.
What Is Tennis Elbow?
Tennis elbow is a type of repetitive stress injury that is caused when someone uses their arm to perform certain repetitive tasks for extended periods of time. When repetitive actions are performed using the arm and elbow, the tendons on the outer side of the elbow get inflamed, causing considerable discomfort and pain.
Extended use of a computer keyboard is a classic example. Typing for several hours without taking sufficient breaks in between can put a worker at high risk for tennis elbow injuries. Painters, floor tilers, decorators, mechanics, and plasterers are also at high risk of tennis elbow.
Strenuous overuse of the elbow can also cause tennis elbow. This can happen if you twist or strain your elbow while lifting or carrying heavy loads. Spending long periods of time in uncomfortable working postures, such as while painting walls or laying down tiles, can also result in this condition.
Symptoms Of Tennis Elbow
Tennis elbow symptoms do not manifest overnight. The symptoms develop slowly over an extended period of time. During the initial stages, the symptoms are so minor that they are often overlooked. However, the symptoms will almost definitely become progressively more severe and painful on continuing to perform the same repetitive tasks without taking corrective action.
Common symptoms of tennis elbow include:
- Tenderness and pain on the outside of the elbow;
- Pain in the forearm;
- Pain when bending, lifting, or extending the arm;
- Elbow feels stiff and painful when extended;
- Difficulty performing certain actions such as opening a jar;
- Difficulty and pain when gripping small objects such as a pen.
In the workplace, employers are responsible for protecting their workers from all types of risks, including those that arise from performing repetitive tasks. If your tennis elbow symptoms developed due to your employer’s negligence, you may have grounds to file a claim for compensation.
What Employers Can Do To Reduce Tennis Elbow Compensation Claims
According to the Health and Safety at Work Act 1974, employers have a legal responsibility to minimise the risk of tennis elbow in the workplace. This includes conducting a risk assessment and modifying work processes to reduce the risk of injury, tennis elbow compensation claims and other repetitive strain injury claims.
Some measures an employer could put in place to reduce the risk of tennis elbow include but are not limited to:
- Creating ergonomic workstations for all employees by positioning computer screens, keyboards and other accessories at an optimum height and distance;
- Educating employees on good workplace practices and the risks of repetitive actions;
- Rotating staff so that no one employee spends extended periods of time performing the same activity;
- Scheduling tasks in a way that allows workers to take regular breaks from any one repetitive activity;
- Using machines where possible, to minimise unnecessary stress caused by manual lifting and stretching.
How Much Compensation For Tennis Elbow?
There isn’t a fixed settlement amount that is awarded by way of compensation for tennis elbow injuries, however there are guidelines related to elbow injuries including average compensation for tennis elbow for different levels of severity shown below.
- A minor tennis elbow injury fully resolving in around 12 months may payout around £3,310;
- A minor/ moderate tennis elbow with most symptoms lasting 18-24 months, around £5,890;
- A minor/ moderate tennis elbow where injuries recover after 3 years but surgery may be required or some symptoms may persist, upto £11,820.
- Compensation for less severe tennis elbow causing impairment but not requiring major surgery, £14,690 to £30,050.
- Severe and disabling tennis elbow injury, £36,770 to £51,460.
The exact compensation payout for tennis elbow you might receive if your claim is successful will depend on factors such as the severity of your injury, the treatment required, the length of the treatment and whether it is expected to be long-term, the extent to which it prevented you from participating in activities, and whether or not you had to stop working because of tennis elbow. The more severe the injuries usually equates to the higher the compensation awarded.
Making A Tennis Elbow Compensation Claim
In order to make a tennis elbow claim for compensation successful you must be able to submit strong evidence that your injuries were the result of negligence in the workplace. This means you will have to prove that your employer failed in their responsibility to reduce the risk of tennis elbow occurring in the workplace, and this resulted in the development of your tennis elbow symptoms.
Proving employer negligence is never easy and in the case of tennis elbow injuries it can be even more challenging. This is because the symptoms develop slowly over a period of time making it difficult to pinpoint the exact cause. You will need to get a medical professional to give their expert opinion as to the cause of your tennis elbow (we can arrange this for free and local to you) and then you also have to prove that it was due to negligence on the part of your employer.
Your best chance of winning a complicated tennis elbow claim is by having a personal injury solicitor to represent you.
Why Should You Use A Personal Injury Solicitor?
All reputed personal injury solicitors who that offer a No Win No Fee agreement will go out of their way to make it as straightforward as possible for you to get the maximum tennis elbow compensation due to you without charging you any fees until such time that you have won the case and a compensation settlement has been agreed.
Most personal injury solicitors will offer prospective clients a free consultation, during which you will discuss your tennis elbow injury, your rights to claim compensation and your options. If you have a weak case with low chances of winning, the solicitor may advice you not to proceed with the claim. However, if you have a strong case with a high chance of winning, the solicitor will not just advise you to go ahead, they will also agree to help you fight your claim on a No Win No Fee basis if you so wish.
A No Win No Fee agreement is pretty straightforward, in our case at least. Essentially, it states that your solicitor will take full responsibility of filing your tennis elbow claim and represent you in court (if it gets to that) without charging you any fees upfront. If you do not win the case, you do not pay any legal fees at all. You only pay if your case is successful and you are awarded compensation. The exact amount you have to pay may vary from one solicitor to another but both you and the solicitor should agree on the amount before signing the agreement.
As with all legally binding contracts, whatever solicitor you choose to use to make your tennis elbow compensation claim you should make sure you know precisely what you’ll be charged before signing.
If you or a loved one has developed tennis elbow symptoms from doing repetitive tasks at work, and would like to speak with an experienced personal injury solicitor to explore your legal right to claim tennis elbow compensation please contact us today.