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Understanding Bursitis Compensation Claims
Several occupations require performing the same tasks repeatedly for long periods, which might raise the risk of suffering from a Repetitive Strain Injury (RSI). One of the most prevalent RSIs is bursitis, which has several other names, including tennis elbow, housemaid’s knee, beat knee, bricklayer’s shoulder, and policeman’s knee. Despite the different names, they share similar symptoms.
In this comprehensive guide to bursitis compensation claims, we will provide insights into the eligibility criteria for making a claim, the potential liability of your employer, and the amount of compensation that could be awarded for bursitis.
If you believe you have a valid bursitis compensation claim and would like to discuss your options immediately, please don’t hesitate to contact us. Read on to learn more!
Table Of Contents
- Determining Eligibility for Bursitis Compensation
- Understanding Bursitis
- Promoting Workplace Safety and Reducing Bursitis Risk
- Determining Compensation for Bursitis
- Gathering Evidence for a Bursitis Compensation Claim
- Time Limits for Bursitis Compensation Claims
- FAQs
Determining Eligibility For Bursitis Compensation
When considering a potential bursitis compensation claim, personal injury solicitors must assess its viability. They cannot accept all claims and will only provide their services if there is a reasonable chance of success. To determine eligibility, they will need to establish the following:
Breach of Duty of Care: Your employer must have been negligent in failing to prevent bursitis or take the necessary precautions to protect you from the condition, violating their duty of care to you.
Symptoms of Bursitis: You must be experiencing the symptoms associated with bursitis directly from your work-related activities.
Employers have to protect their employees’ safety and well-being under the Law under the Health and Safety at Work Act of 1974. This includes preventing both accidents and long-term repetitive strain injuries. If your employer has breached their duty of care, you may have grounds for a bursitis compensation claim.
Notably, you should not be concerned about claiming against your employer. Due to filing a personal injury claim, you are protected by laws from being fired, treated unfairly, or demoted. You can pursue a separate claim for unfair or constructive dismissal if mistreatment occurs.
Understanding Bursitis
To lessen friction between tissues, the body contains bursae, which are fluid-filled sacs. They act as gliding surfaces, particularly in joints such as the ankles, hips, knees, shoulders, and elbows. Their purpose is to minimise friction and provide protection.
Bursitis occurs when a bursa becomes inflamed, leading to temporary limitations in motion.
Symptoms of Bursitis
If you suspect you are experiencing a repetitive strain injury like bursitis, it is important to consult a doctor. Common symptoms associated with bursitis include:
- Joint pain when attempting to move the affected area.
- Discomfort and pain upon applying pressure to a specific region.
- Tenderness around the joint, even without movement.
- Reduced mobility in the impacted joint.
- Visible swelling around the affected joint.
By identifying and matching these symptoms with an individual’s past work practices, doctors can establish a connection between the condition and occupational factors. If supported by compelling evidence, this link may provide grounds for pursuing a bursitis compensation claim from your employer.
Promoting Workplace Safety And Reducing Bursitis Risk
As part of their legal obligation to ensure a safe work environment, employers should actively address any potential risks contributing to bursitis. If you have concerns about your role impacting your health, it is important to communicate these worries to your supervisor. Here are some measures employers can take to minimise the risk of bursitis in the workplace:
- Conduct an occupational health assessment specific to your role.
- Provide guidance and training on proper posture and technique.
- Supply appropriate gloves or padding for tools that exert pressure on joints.
- Implement job rotation to reduce the duration of repetitive tasks performed by employees.
- Offer kneeling or elbow pads for tasks involving prolonged pressure on joints.
- Incorporate ergonomic devices and equipment for office-based roles.
If your employer knows about your concerns but does nothing about them, you may be entitled to compensation if the inaction results in bursitis. Contact our team for further assistance.
Determining Compensation For Bursitis
The compensation amount for bursitis will primarily hinge on the severity of your condition, the anticipated prognosis, and the impact it has had on your life.
Typically, the compensation for bursitis will be assessed based on two key components:
General damages: This aspect concerns the discomfort, suffering, and diminished quality of life brought on by bursitis. Loss of amenity refers to the monetary value assigned to activities or experiences you can no longer partake in due to your injury.
Special damages: This facet of your claim aims to reimburse the financial losses and expenses incurred due to bursitis. It can encompass medical expenses, lost income, travel costs, and other relevant factors.
To accurately evaluate the extent of your injuries, an impartial medical specialist will conduct a thorough assessment of your bursitis. They will then provide a comprehensive report to all parties involved, outlining the duration of your suffering and any potential future implications.
Considering these factors, an appropriate compensation amount can be determined for your bursitis claim. To discuss your specific circumstances and explore your potential compensation, please contact our team for expert advice.
Gathering Evidence For A Bursitis Compensation Claim
When pursuing a bursitis compensation claim, gathering evidence demonstrating your employer’s responsibility for your condition is crucial. While obtaining such evidence may not always be straightforward, there are several types you can consider:
Correspondence with your employer: Document your concerns in writing and record when you contacted them. Retain any responses you receive from your employer as well.
Medical reports: Consult your GP to seek proper diagnosis and treatment for your condition. If you decide to proceed with a bursitis claim, obtaining a copy of your medical records will be evidence of the diagnosis.
Photographs: Capture images of your working environment, focusing on equipment or tools that you believe contribute to your repetitive strain injury and bursitis.
Diary: Maintaining a record of the time spent performing specific tasks can help establish a connection between your role and the development of bursitis.
Occupational health reports: If your employer arranges an assessment by an occupational health specialist, you should receive a copy of the resulting report. This report can be valuable evidence if required.
Once you have gathered any relevant evidence to support your bursitis compensation claim or if you need assistance in obtaining further evidence, we encourage you to contact our advisors today. Following your initial consultation, they will explain your options and can connect you with one of our experienced personal injury solicitors who can assist you in building a strong case.
Time Limits For Bursitis Compensation Claims
It’s important to know that there are time limits for making bursitis compensation claims related to workplace injuries. Generally, the limitation period for such claims is three years, starting from your GP’s diagnosis of bursitis.
Given the substantial preparation involved in building a bursitis compensation claim, we recommend contacting us soon if you wish to take action. If you reach out with limited time, it may hinder your solicitor’s ability to gather all the evidence required for your claim.
To initiate the process promptly, please call our advisors without delay.
At Index Claims, Our solicitors are here to streamline the procedure and increase your chances of being fairly compensated. If your bursitis claim is accepted, your solicitor will:
- Thoroughly review your case in collaboration with you.
- Collect and organise evidence to establish how your injuries were sustained.
- File the claim with your employer on your behalf.
- Arrange an independent medical review of your condition.
- Handle all communication related to your case.
- Update your claim status on a regular basis.
- Assess any settlement offers and discuss them with you.
- Negotiate skillfully to maximise your compensation amount.
To commence your claim promptly, please call us for free. An advisor will carefully review your claim and explain the available options.
Remember, our solicitors operate on a No Win, No Fee basis for all bursitis compensation claims they handle.
FAQs
Bursitis can be caused by repetitive motions, prolonged pressure, trauma, infection, or certain medical conditions. Workplace activities like heavy lifting or excessive computer use can contribute to its development.
To determine if you have a valid claim, consult a specialised personal injury lawyer who can evaluate the circumstances surrounding your bursitis and determine liability.
In the event that your bursitis claim is successful, you might be eligible for compensation for your medical bills, lost wages, pain and suffering, rehabilitation fees, and any required additional care in the future.
You could still be able to file a claim for compensation if someone else’s negligence led to your bursitis, such as in a car accident or a slip and fall incident.
While handling your claim without a lawyer is possible, it’s not recommended. Insurance companies often try to minimise compensation because personal injury law can be complex. Hiring a solicitor increases your chances of a successful claim.
