Bursitis Claims

Bursitis is a painful condition that occurs when the bursae, small fluid-filled sacs near the joints, become inflamed. The inflammation can be due to repetitive motion, overuse, or trauma to the joint. A medical professional’s negligence in managing bursitis can lead to prolonged pain, decreased mobility, and other complications.

If you have suffered from bursitis and believe that your condition was due to the negligence of your employer, you could be entitled to work accident compensation. Specialist personal injury lawyers have helped thousands of people throughout the UK make successful claims for compensation for a wide range of injuries and illnesses, including bursitis.

To find out if you have a valid bursitis claim, click here to request a call back or call 0800 470 0474 today for a free case assessment. This consultation is free and provided to you with no obligation to proceed. It is a great opportunity to discuss your circumstances and determine if your case has merit. It is also a chance to ask any questions you may have and receive some free legal advice.

If you are eligible to make a bursitis claim, your solicitor will be happy to take your case on a no win no fee* basis. This means that pursuing bursitis compensation will never leave you out of pocket, even if your case is lost.

What is bursitis?

Bursitis is a painful condition that affects the bursae. These are tiny, fluid-filled sacs found in various parts of the body, typically near the bones, tendons, and muscles and serve as a cushion and gliding surface to minimise friction between the body’s tissues. Bursitis occurs when the bursae become inflamed or irritated, often due to repetitive motions, overuse, or injury.

The most common sites for bursitis include the knee, elbow, shoulder, and hip joints. The condition usually affects people that take part in sports regularly. While running may cause bursitis in the knees and ankles, playing darts or snooker can affect the bursae in the wrist and elbow.

Besides sports, bursitis is also common in certain occupations involving repetitive tasks that place stress on the joints. Some of the occupations that are commonly linked to a diagnosis of bursitis include:

• Gardeners
• Cleaners
• Mechanics
• Carpet fitters
• Bricklayers
• Labourers
• Plumbers
• Miners

Gardeners and carpet fitters, for example, will spend extensive periods kneeling. If they do not use knee pads or other suitable protective equipment while performing these tasks, a lot of pressure can be placed on the knee joints. Over time, this can result in pain, discomfort and other symptoms associated with bursitis, such as:

• Pain or aching in the affected joint, which may worsen with movement or pressure
• Swelling, redness, or warmth in the affected area
• Stiffness or limited range of motion in the joint
• Tenderness or sensitivity when the affected area is touched
• Aching or stiffness that is worse in the morning or after periods of rest
• A popping or clicking sensation in the joint when moved
• Weakness or loss of strength in the affected area

Treatment for bursitis typically involves rest and avoiding activities that exacerbate the condition. Your doctor may also recommend anti-inflammatory medications such as ibuprofen or naproxen. In more severe cases, you may need corticosteroids to be injected directly into the affected area to reduce inflammation and pain. Draining the fluid from the bursa through a needle may also help relieve pain and pressure.

You might also need physical therapy or exercises to improve joint strength and flexibility. It is essential to follow the doctor’s instructions and avoid strenuous use of the affected area until the condition has fully healed. This could take anywhere between a few weeks to several months, depending on the severity of the case.

Further information about the condition, symptoms and treatment can be found on the NHS Bursitis information page.

Am I eligible to make a bursitis compensation claim?

If you have suffered from bursitis as a result of your workplace tasks, you may be eligible to receive bursitis compensation. To make a valid claim, you must be able to prove that:

• Your employer or another party breached their duty of care towards you
• As a result, you have developed bursitis and related damages
• Your condition was diagnosed within the last three years

Under the Health and Safety at Work Act 1974, all employers have a legal obligation to provide a safe working environment to employees. This duty of care includes conducting risk assessments to identify potential hazards and taking reasonable measures to reduce or eliminate these hazards.

Employers can prevent the risk of employees developing bursitis by providing personal protective equipment (PPE) and training employees to perform their duties safely. If your employer has failed to take precautions and you have developed bursitis, you might be able to start a bursitis compensation claim. You could recover damages for pain, suffering and related financial losses.

An experienced solicitor will work closely with you to obtain relevant evidence to support your case. That will include arranging a free visit with an independent medical expert to diagnose and assess the impact of your injury. Other evidence you could use to support a bursitis claim includes:

• Any communication with your employer, such as emails, showing you raised concerns about the working conditions and their response;
• A report from an occupational health specialist regarding your working conditions;
• Medical records with a proper diagnosis of your condition. This could include x-rays or other imaging scans, as well as documentation of any treatment or therapy received, such as physiotherapy or injections;
• Photographs of your working environment, such as any equipment you believe contributed to developing bursitis;
• Witness statements from colleagues or supervisors who can attest to the working conditions and demands that may have contributed to the development of bursitis;
• A record of any expenses associated with your injuries and relevant receipts or invoices.

If you want to talk to an experienced legal adviser for a free case assessment, call 0800 470 0474 today. Alternatively, enter your details here to find out whether you are eligible for bursitis compensation.

What steps should employers take to prevent bursitis in the workplace?

Most bursitis claims relate to injuries resulting from workplace activities, which are often a direct result of negligence. Many employers fail to identify work practices that could put their employees at risk of suffering from painful conditions like bursitis. That would make them liable for compensation if an employee decides to take legal action.

There are several laws and regulations employers should follow to protect the well-being of workers and establish standards for workplace safety and health. Some of the key workplace legislation in the UK includes:

• The Health and Safety at Work etc. Act 1974
• The Management of Health and Safety at Work Regulations 1999
• The Workplace (Health, Safety and Welfare) Regulations 1992
• The Personal Protective Equipment at Work Regulations 1992

Under these and other laws, employers should take several steps to prevent bursitis in the workplace, including:

• Conduct risk assessments to identify potential hazards in the workplace;
• Provide personal protective equipment (PPE) to employees, such as gloves or knee pads;
• Provide training on how to carry out work duties in a safe manner;
• Encourage employees to take regular breaks and change positions frequently;
• Provide ergonomic equipment such as chairs, desks, and keyboards to ensure correct posture;
• Advise staff on the risks of bursitis and how to prevent it;
• Provide adequate rest breaks to prevent overuse injuries;
• Put in place job rotation to reduce the risk of repetitive strain injuries;
• Encourage employees to report any discomfort or pain early on;
• Ensure that workloads are manageable and reasonable;
• Monitor the workplace for potential hazards and take action to address any issues promptly.

If your employer has failed to take reasonable measures to protect your health and safety, you might be eligible for bursitis compensation.

How much compensation will I receive for bursitis?

The amount of compensation that you receive will be based on several factors specific to your case. Firstly, the award will take into account the severity of your injury and the impact it has had on your life. This part of the compensation is referred to as general damages and may include:

• Physical pain and suffering
• Psychological or emotional distress
• Loss of enjoyment of life
• Inability to engage in a leisure activity
• Reduced quality of life

The second part of the award is called special damages, and this compensates you for any financial losses you have faced as a result of your bursitis, such as:

• Medical costs for treatments and consultations
• Cost of physical therapy and rehabilitation
• Travel expenses to and from medical appointments
• Lost wages during recovery
• Costs of care and assistance with daily tasks, even if provided by a loved one
• The cost of equipment and aids, such as crutches or braces

The most substantial financial impact is often loss of wages if you have had to take time off work to recover. These losses can be claimed by your solicitor, as well as any future loss of earnings if your injury will prevent you from working long-term.

Some examples of bursitis compensation for general damages include:

• Up to £12,900 for minor knee injuries with no long-term effects
• £24,580 to £40,770 for severe damage to the knees causing chronic pain and movement issues
• £12,650 to £25,850 for elbow injuries that may lead to long-term mobility issues but no significant disability
• £4,080 to £7,410 for minor shoulder injuries with recovery within several weeks
• £18,020 to £45,070 for severe bursitis to the shoulder that may lead to chronic inflammation and limited joint movement

After learning more details about your case, your solicitor will be able to give you a fair estimate of your compensation prospects. To find out if you are eligible to start a bursitis compensation claim, enter your details into our online claim form or call free on 0800 470 0474 today.

Can my employer penalise me for making a claim against them?

No, your employer cannot legally penalise you for making a bursitis claim against them. If they do so, this would be considered unlawful retaliation and entitle you to make a separate claim against them. Under UK employment law, employees have a legal right to claim against their employers without fear of being sacked or discriminated against. This protection extends to all workers, regardless of how long they have worked for the company.

All UK employers have a legal duty of care to protect their staff from hazards and risks that can cause injury, illness or loss. That includes conducting regular risk assessments and providing adequate training and safety measures. If you have been diagnosed with bursitis due to your employer’s negligence, you have the legal right to start a claim.

It is illegal for your employer to penalise you for pursuing bursitis compensation. They cannot let this affect the working relationship, act hostile towards you, encourage you to leave, sack you, or discourage you from taking legal action.

Many employers see a bursitis compensation claim as an opportunity to address health and safety issues. Following a personal injury claim, many workplaces become safer as companies take measures to prevent similar accidents or injuries from happening in the future.

Furthermore, all employers must have Employer’s Liability (EL) insurance to protect them from financial losses associated with employee claims for compensation. If you make a bursitis compensation claim, the EL insurance policy will cover the costs, and your employer will not be left out of pocket.

Will I be offered a no win, no fee service?

Solicitors understand that one of the most common barriers to clients claiming the bursitis compensation they deserve is the cost of legal fees. We also believe that it is unreasonable for clients to be at a financial loss in the pursuit of justice.

With that in mind, your solicitor will be pleased to offer a no win no fee service. This means that you will not have to pay any upfront costs to start your bursitis claim, and there is no financial risk. Also, you will not pay a penny if the solicitor cannot win your case.

In a conditional fee agreement (the legal term for no win no fee), the solicitor will take on the financial risk of the case. In return, they will take a percentage of the compensation you receive if the claim is successful. This is usually referred to as a success fee and is capped at 25% of the settlement.

Once you start a no win no fee claim, your solicitor will also take out After the Event (ATE) insurance. ATE is a type of legal expenses insurance designed to cover the legal costs associated with claiming, such as court fees, expert witness fees, and any other disbursements that may arise while pursuing compensation.

If your claim is unsuccessful, the ATE insurance policy will cover all the legal costs and disbursements you would otherwise be liable for. However, if you win bursitis compensation, you will only have to pay your solicitor the success fee mentioned above.

Is there a time limit to make a claim for bursitis compensation?

Yes, there is a time limit to make a claim for bursitis compensation. The general rule is that you have three years from the date of the accident or from the date when you became aware of your injury to make a claim. This is known as the limitation period.

It is important to note that there are some exceptions to this rule:

• If the person who has suffered bursitis is under 18 years old, the three-year limitation period starts from their 18th birthday. In the meantime, a litigation friend could start a bursitis claim on their behalf at any time.
• If the injured person lacks mental capacity, there is no limitation period. This could be due to a learning disability, mental health condition, brain injury or post-traumatic stress disorder.
• If the claimant developed bursitis while serving in the military, the time limit to claim through the AFCS is seven years from the date of the diagnosis or injury.

It is always advisable to seek legal advice as soon as possible after becoming aware of your injury. The process of making a claim can take time, and it is essential to ensure that all necessary evidence is gathered on time. To find out if you are eligible for bursitis compensation on a no win no fee basis, call 0800 470 0474 today for a free case assessment. Alternatively, enter your details in the contact form below to have a legal adviser give you a call.