Elbow Injury Compensation Claims
The elbow is a crucial joint in the body that assists a person in the majority of everyday tasks and is used in almost every area of professional and personal life. An injury to the elbow can therefore not only be incredibly painful, but can have a significant impact on daily functionality and your ability to earn money. These implications can have long-lasting effects and can result in financial difficulties, long-term pain and the necessity for ongoing treatment.
Common types of elbow injuries
The elbow is one of the joints of the body that is used most regularly and as such, injuries to this area can have a devastating impact on life. Elbow injuries are notoriously painful and can inhibit the ability to live a normal life, work, care for children and drive, therefore severely impeding a person’s independence and enjoyability of life.
Some of the most common elbow injuries that solicitors manage compensation claims for include:
Elbow injuries are regularly seen in both children and adults and can occur from a host of accidents, such as slips, falls, the impact from falling objects, falling from a height and even car accidents. One of the most serious types of elbow injury that may result in a compensation claim are fractures, which are incredibly painful and can have an impact on the growth and development of bones, especially in youngsters.
Bone strength can also be significantly affected with an elbow fracture in the elderly or those with bone conditions. If not treated quickly, an elbow fracture can also lead to weakened bones and bone complaints. If you have suffered an elbow fracture because of the fault of somebody else or your injury was not adequately diagnosed or treated, you could be entitled to make a claim for compensation.
Bursitis is a condition that affects the joints of the body that are used most regularly and results in excessive fluid build up around the joint. Most often suffered by adults who use the affected joint for work purposes, bursitis can be very painful, debilitating and can impact on several areas of the victim’s life.
Some of the most common jobs that are associated with the development of bursitis in the elbow include cleaners, sports people, construction works, factory workers and even checkout assistants who repeatedly use a similar motion in the arm, causing stress to the elbow joint.
Bursitis can also be caused by a significant impact to the elbow, which results in inflammation and swelling. This can occur if an object falls onto the joint, if a person is forcefully pushed into a hard surface or following a trip, slip or fall. The bursa is a fluid filled sack which forms as a result of overuse or impact and serves to act as a cushion between the joint and the skin. Although the nature of the bursa is to protect the joint, the condition is painful, debilitating and restricts motion and functionality of the joint.
The UCL is the ulnar collateral ligament and an injury to this area can cause significant detrimental results. The severity of the injury will determine the level of impact that is suffered, but a UCL injury can inhibit functionality and mobility for a matter of days or more than a year. This can severely impact on financial matters, career progression and enjoyability of everyday life. A complete UCL rupture is a severe injury that is extremely painful and would require ongoing treatment and time off work in order to make a successful recovery.
Again, overuse of the joint or rapid and forceful motions of the elbow can cause a UCL injury. This is common in sports people who throw, workers who are required to make pushing motions regularly and construction workers who deal with lifting and moving heavy loads. If it can be demonstrated that your injury is the liability of your employer or another party, you may be eligible to make a claim for compensation.
Muscle Damage and Injuries
Strains, damage and tears in the muscles can happen anywhere in the body, and the muscles in the arm are amongst the most commonly injured because they are used so regularly and in so many different ways. Bicep injuries regularly require surgery to treat them and usually inhibit a victim’s ability to work and function normally. In some instances, surgery may not be available, for example when the patient is too weak, elderly or if there are other medical complications to consider. In these instances, the injury will be managed with pain relief, rest and physiotherapy if possible.
Another common and uncomfortable elbow injury is ‘tennis elbow‘, which is medically referred to as lateral epicondylitis. Tennis elbow develops as a result of strenuous and excessive use of the muscles and tendons in the forearm, close to the elbow joint. In cases of tennis elbow, pain begins quite slowly but develops as the joint continues to be used and can become excruciating and debilitating. If an early diagnosis of tennis elbow is established, treatment of rest, pain relief and ice packs can be effective, though a late diagnosis is likely to lead to more serious symptoms and ongoing treatment. The severity of the condition and the treatment required is likely to impact on the patient’s ability to work and function fully in normal daily activities which can result in reduced income and enjoyability of life.
How an elbow injury can impact your life
No matter how severe your elbow injury is or which third party is liable for the complaint, we recognise that your symptoms can have a much wider impact on your life. The elbow is so regularly used for the majority of tasks, that an injury to this joint can have a significant impact on all areas of life. Your solicitor will seek to demonstrate the ways in which your injury has caused suffering to you. When managing your claim, your solicitor will aim to prove the negative impacts such as:
- Medical treatment needed and associated costs
- The pain and discomfort that you suffer
- The impact on your ability to drive, work and perform daily tasks
- The emotional impact that this has had on you
- Your future outlook – with particular focus on earning potential
- Transportation costs, both for medical needs and overall if you are unable to drive as a result of the injury
How much compensation for an elbow injury?
The amount of compensation that is awarded to you following a successful elbow injury claim will depend on the severity of your injury and the level of impact that your symptoms have had on your life. Your solicitor will be skilled in their ability to demonstrate the ways in which your elbow injury has caused suffering to you and in providing a thorough and full overview of the impact, they are able to secure the highest compensation awards on your behalf.
|Elbow Injuries||A severe, disabling injury to the elbow||£31,625 to £44,300|
|Elbow injuries resulting in some long term problems but no significant disability||£12,650 to £25,850|
|Elbow injuries such as simple fractures or tennis elbow that don’t cause any permanent damage||Up to £10,175|