Bursitis is a condition that usually affects the joints. It’s often linked to repetitive tasks at work. Other names for bursitis include tennis elbow, housemaid’s knee, policeman’s heel, bricklayer’s shoulder and clergyman’s knee, amongst other things. If you’re suffering from bursitis because of your employer’s negligence, you may be eligible to make a bursitis injury claim for compensation.
If you’re considering claiming compensation for bursitis, one of our advisors can review your chances of successfully suing your employer and offer free legal advice during an initial consultation. If the advisor believes you have the grounds to continue, they’ll partner you with one of our personal injury solicitors. The claims process is risk-free as all accepted claims are managed on a No Win, No Fee basis so you don’t pay any legal fees unless you are compensated.
To find out if you could claim compensation for bursitis at work, please read on. If you’d rather talk to us straight away about your claim, please call on 0800 652 1345 to do so.
Do I have bursitis?
Bursae are sacs of fluid found around the body but especially at the joints. Their job is to cushion the muscles, tendons and bones around the joints. Bursitis is where the bursa becomes inflamed.
The most common joints affected by bursitis are the hips, shoulders, knees and elbows. However, bursitis can also occur in the heels and toes. According to the NHS website, you may have bursitis if a joint is:
- Warm or tender.
- Painful – this will usually be an ache or dull pain.
- Difficult to more or painful when you press on it.
To confirm you’re suffering from bursitis, a doctor will need to examine you and discuss your work history. If they diagnose bursitis as the cause of your pain, they may take fluid samples to check for signs of infection.
While antibiotics or steroids might be used to treat bursitis in some cases, where the condition keeps reoccurring, surgery might be needed to drain or remove the affected bursa.
What commonly causes work-related bursitis injury claims?
Bursitis can occur when pressure is placed on the bursa around a joint. Also, it can occur if the joint is exposed to repetitive motions over a prolonged period. For example, work-related bursitis can be caused by:
- Having to kneel constantly at work.
- Leaning on your elbow for prolonged periods.
- Repetitive stretching, twisting or lifting.
- Heavy blows to the bursa following an accident at work.
Workers who are at risk of developing bursitis
Some of the roles most at risk of developing bursitis include:
- Carpet fitters.
- IT technicians.
Additionally, bursitis can affect those spending a long time working on a computer if they lean on their elbows while typing.
Can I claim compensation for bursitis?
Our solicitors specialise in workplace injury claims. So that nobody’s time is wasted, they’ll only accept claims with a reasonable chance of success. For bursitis compensation claims, that means they’ll check whether:
- Your employer breached their duty of care according to the Health and Safety at Work Act 1974; because
- They were negligent in some way; and
- You’ve been diagnosed with bursitis as a result of that negligence.
Depending on the industry you work in, other legislation could be used by your solicitor to establish a legal duty of care.
Proving how badly you are suffering from bursitis and the cause can be tricky. We believe your chances of winning a bursitis claim will increase if you take on specialist legal representation. If your claim is accepted by one of our personal injury lawyers, they’ll help to collect proof that your employer was negligent and they’ll use their experience to try and ensure that you are compensated fully for your suffering. To try and help them do so, we’ll explain what proof could be used to support your claim shortly.
Employer negligence that could result in a bursitis compensation claim
You might think that if bursitis is a risk associated with certain jobs, it’s just one of those things that can’t be avoided. However, employers have a legal duty of care to try and protect the well-being of their staff whilst they are at work. To try and reduce the risk of an employee suffering from bursitis, an employer should:
- Conduct regular risk assessments to understand the dangers of the role.
- Train staff properly on how to reduce the risk of injury whilst working.
- Provide protective equipment like kneepads or elbow pads to protect the joints.
- Carry our workstation assessments for computer operators and provide ergonomic desks, wrist supports or other devices where necessary.
- Rotate staff roles to reduce the duration of repetitive tasks.
- Make sure staff are allowed regular rest breaks.
- Invest in mechanical aids where possible to reduce the strain on employees.
If your employer has failed to take steps to protect you and you’re suffering from bursitis as a result, we could help you begin a bursitis injury at work claim. Please get in touch if you’d like to know more.
Can I be sacked for making a bursitis injury claim?
Many people are concerned about the implications of making a claim for bursitis compensation against their employer. However, you have legal rights and protections to allow you to do so. If you claim compensation from your employer, they cannot fire you, discipline or demote you as a result. Furthermore, they can’t remove training opportunities or other benefits as a result of your claim either.
As such, you shouldn’t be put off from claiming compensation or discussing your options with one of our specialist advisors.
How much compensation for bursitis can I claim?
How much compensation for bursitis you could get will be determined by the degree of suffering caused by bursitis (general damages) and any expenses relating to your injuries too (special damages).
That means you could be compensated for any of the following if your bursitis claim is successful:
- The pain in your joints and any associated suffering.
- Depression or stress associated with your bursitis.
- Any negative effect bursitis has on your hobbies, social activities or family life (known as loss of amenity).
- Loss of earnings if you need unpaid time off work.
- Care costs if somebody else had to support you while you were recovering.
- Private medical expenses and prescription costs.
- Travel expenses.
- Future income loss if your ability to work at the same level is reduced in the long term.
Importantly, you can only make one successful claim for the particular injury so it’s important to think about all aspects of your suffering. Our team of solicitors has been working on workplace injury claims for decades so they know what can and can’t be included and could help you to try and claim the maximum amount of bursitis compensation possible.
Providing proof for a bursitis injury claim
If you decide to make a compensation claim for workplace bursitis, there are some steps you could take that may help prove how you’ve suffered and why your employer was responsible. They include:
- Contact your employer. If you’re concerned that your job is affecting your health, you should contact your supervisor or manager. It’s best to do this in writing via email so there is an audit trail. If they fail to investigate your concerns or discuss them with you, there may be grounds to start a claim.
- Ask for an occupational health audit. During any discussions about your concerns, you could ask for an occupational health specialist to audit your working conditions. Their report could be used as proof in your bursitis claim.
- Speak to a doctor. It is important to have your bursitis checked and diagnosed by a doctor if you’re to make a bursitis injury claim. Your solicitor can request a copy of medical records as part of the claims process.
- Get witness details. Your solicitor could ask colleagues to provide a statement relating to your working conditions. For this reason, you should ask for their contact details and provide them to your solicitor.
- Keep a record of any expenses. If you’d like to claim back any costs associated with your injuries, you should retain any relevant receipts or bank statements.
- Take photographs. If the cause of your bursitis injury is obvious, take photographs so that it’s easier for your solicitor to fight your corner.
As you will be asked to explain how you’ve been affected by bursitis, it’s a good idea to keep a diary of events. For example, you could diarise the dates when your injuries stopped you from working. You could also record any events that you couldn’t attend because of your injuries.
If you’d like free advice on how to secure proof that could help you to win your bursitis claim, please call our team today.
Do I have to have a medical assessment for a bursitis claim?
Any compensation you’re awarded will be based on the extent of your bursitis. As such, a bursitis compensation claim should be accompanied by an independent medical report. Your solicitor will arrange for you to meet a medical expert locally who’ll examine you and produce a report to explain your prognosis. This report will be used by your solicitor and your employer’s insurers when discussing the value of your claim.
Bursitis injury compensation claims time limits
If you claim compensation for bursitis at work, you’ll need to do so within the 3-year time limit. Usually, this will start from the date a doctor confirmed the condition and associated it with your employment.
As there can be quite a bit of work involved in proving how you were injured and who was responsible, we’d suggest that you contact us sooner rather than later if you’d like one of our solicitors to represent you. By doing so, you’ll allow plenty of time for proof of negligence by your employer to be gathered including medical reports and other important information.
Additionally, if your employer accepts liability for your suffering early on, you could benefit from private medical treatment if they agree to make an interim payment before the claim is settled.
No Win, No Fee bursitis claims
You needn’t worry about losing money on legal fees if you work with us to file a bursitis claim. That’s because our solicitors conduct bursitis injury claims on a No Win, No Fee basis. That means:
- There are no upfront legal fees payable.
- If the claim fails, your solicitor won’t ask you to cover their costs.
- You’ll pay a success fee if your claim is won.
If you and your solicitor agree to work together, you’ll be sent a conditional fee agreement to fully explain what work your solicitor will carry out. It will also list the success fee you’ll pay if compensation is awarded. Legally, this is a maximum of 25% of any settlement you receive.
Start a bursitis injury compensation claim today
If you are struggling with bursitis and have decided to seek damages, one call to our team on 0800 652 1345 could be all it takes to start the claims process. A specially trained advisor will guide you through your options after reviewing your claim with you.
If one of our personal injury solicitors agrees to represent you, they’ll provide their service on a No Win, No Fee basis. That means they’ll collect proof, file your claim, deal with your employer’s insurers on your behalf and fight for a fair compensation payment. Importantly, you’ll only have to pay their legal fees if your case is won.
If you have any additional questions on bursitis injury compensation claims, please book a free consultation here or use our live chat service to get in touch.