Bursitis is one injury that often causes excruciating pain to its victims. Apart from those who compete in sports, a lot of people are not aware that their work activities can cause bursitis.
Many people suffering from this injury do not know they may be eligible to file a bursitis compensation claim and get a financial settlement for their pain and suffering, as well as a refund of expenses incurred as a result.
Worse still, some people might be hesitant to make a claim because they are concerned it could negatively affect their job.
The good news is that if you developed bursitis through no fault of your own, you may be able to seek compensation.
In this guide we’ll dispel the myths surrounding making a bursitis claim and show you how to start your bursitis compensation claim.
What Is Bursitis?
Our bodies contain small sacs filled with fluids that are known as bursae.
These sacs are located around our joints and help to cushion our muscles, tendons, and bones. These fluid-filled sacs help us to easily rotate our joints and move around with ease.
Bursitis happens when these sacs become inflamed. Even though we can have bursitis in any of our joints, the most commonly affected areas are the shoulders, knees, hips, or elbows.
What Are The Causes Of Bursitis?
Some of the most common causes of bursitis are as follows:
- Repetitive movements that puts pressure on the bursae, e.g. repeatedly lifting something overhead or – – kneeling for long periods of time
- Trauma or injury to the affected area
- Inflammatory arthritis
- Adverse reaction to medication
- Poor posture
- Joint deformities
What Are The Common Symptoms Of Bursitis?
Bursitis has a wide range of symptoms but the most common indicators of the condition are:
- Reduced mobility in the affected joint
- Discomfort and pain when pressure is placed on the affected area
- Swelling or redness around the affected joint
- A dull pain in the joint when trying to move
- Constant feeling of warmth or tenderness around the affected joint
What Are The Occupations That Are More At Risk Of Getting Bursitis?
There are certain jobs that have a higher risk of developing bursitis, and they include jobs such as cleaners, mechanics or carpet fitters etc. Generally, there is a risk of bursitis for any occupation that involves the same repetitive action being carried out every day, affecting one or more joints.
This is why jobs such as those listed above are most at risk. The individual carrying out the work requires kneeling in the same position (in the case of carpet fitters) or turning bolts (mechanics) over and over again each day.
What Should I Do To File A Bursitis Compensation Claim?
Here are the steps you can take to prepare for your compensation claim.
Get Medical Treatment
Bursitis can worsen over time if left untreated. So it is important that you visit your GP or hospital for treatment as soon as possible.
Your doctor will look at the severity of your condition and the long-term implications. All of this will go into your medical file, which will be helpful when your compensation is being calculated.
In addition, doctors can assess the symptoms of bursitis to determine if it was caused by your working practices. This can be weighty evidence you can use, if you are claiming compensation from your employer.
Notify Your Employer
The medical report will not be enough to make your claim successful. There also has to be proof that your bursitis was brought about as a direct result of your job.
To do this, you will have to report the matter to your employer and ensure that the incident enters the company’s accident report book.
In your entry, be detailed about the workplace activity that caused bursitis. You should also include how long you have been doing that particular task.
You will also need some additional evidence to strengthen your compensation claim.
This could include getting eyewitness accounts from colleagues who saw you doing the repetitive tasks that caused bursitis. Ask them for their own version of events. Also, get their contact details in case they are required in court.
Speak To A Lawyer
You may decide to file a claim yourself, but many people choose to contact a solicitor to handle the claim on their behalf instead, to benefit from their legal experience and expertise. Your lawyer will go through your evidence and discuss the details of your claim, to ascertain if you could have a valid case.
After a thorough examination of all the details, the solicitor should determine if you have a strong case or if you need to provide more information. Whatever the situation, ensure you go for a lawyer that specialises in personal injury cases, as their experience will be invaluable in processing your claim and getting the maximum settlement.
How Much Can I Get As Compensation For Filing A Bursitis Compensation Claim?
The amount you could receive for your bursitis compensation will depend on the unique circumstances of your particular case. As such, no guaranteed figure can be provided.
However, using past cases as a reference point, we can give some rough estimates of compensation awards. These figures are by no means a guarantee or promise of the amount you could receive, each claim is unique.
- Minor and moderate elbow injuries: up to £11,040
- Severe elbow injuries: £13,720 – £28,060
- Minor and moderate shoulder injuries: Up to £11,200
- Severe shoulder injuries: £16,830 – £42,110
In fact, settlements for injuries affecting the knee or hip can be significantly higher even than those listed above, depending on the severity of course.
So, whichever joint is affected by bursitis, it is worth pursuing compensation if someone else is to blame for your condition, and you have a valid case.
Compensation awards are split into two parts. General damages are given for the pain, suffering and effect on your quality of life. Whereas special damages cover any additional financial burden you have suffered due to the injury.
These include medical costs, travel costs to and from medical appointments and any loss of earnings. You will need to prove any out-of-pocket expenses, so keep all your receipts etc and a note of any reduction in wages attributed to the bursitis.
Is There A Time Limit For Filing A Claim?
In cases of personal injury, the time limit to file a claim is usually set at three years, beginning from the date of the incident.
However, in the case of filing a bursitis claim, it is slightly different. The law gives you three years to file a claim starting from the date you got a diagnosis that you have bursitis.
Also, you have three years to make a claim from the date your doctor links bursitis to your job.
The reason for the slight difference is that you may not know that your job is responsible for bursitis at first. Also, it may have taken a period of time for bursitis to develop.
Can I Hold My Employer Liable In My Bursitis Compensation Claim?
If your doctor directly links your bursitis to your job, then you can file your claim against your employer.
The Health and Safety at Work Act of 1974 requires employers to ensure the safety and wellbeing of their employees.
As part of their responsibility, employers are mandated to take the following steps to eliminate accidents or injury in the workplace:
- Making sure that employees regularly take breaks from work
- Ensuring that risk assessments are reviewed and completed regularly
- Giving employees detailed instructions and procedures for doing a task
- Ensuring employees are provided with the correct personal protective equipment and safety clothing
- Ensuring regular provision of health and safety training
- Guaranteeing that employees are highly qualified for the tasks they are given
- Making sure that employees have access to proper safety equipment at all times
If you developed bursitis because your employer breached any of the above steps, then you should have the legal right to hold your employer liable for your injury.
Where To Start Your Bursitis Compensation Claim
Bursitis is a painful debilitating condition that can severely limit your mobility and ability to work. This is why you should begin your claim as soon as possible.
Remember, as long as it is through no fault of yours, you can expect to get adequately compensated for your troubles. Most solicitors will accept a case on a no-win-no-fee basis, so there won’t be any up-front costs.
If you’re unsure where to begin or would like to discuss your case, use the form below to arrange a call with a UK based claims advisor, for a free, no obligation chat.