If you sustained a leg injury through no fault of your own, you may be entitled to make a leg injury claim for your pain,…
Muscle injury compensation claims
If you’ve suffered a muscle injury due to someone else’s negligence, you may be entitled to make a muscle injury compensation claim.
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Muscle Injury Compensation Claims
If you’ve suffered a muscle injury due to someone else’s negligence, you may be entitled to make a muscle injury compensation claim. A successful claim may cover your medical treatment, care costs and lost earnings during recovery, and help you recover financially.
Muscle injuries include contusions, strains, tears and rhabdomyolysis. These can develop over time due to overuse or result from acute trauma from road traffic accidents, workplace accidents, physical assaults or accidents in public places. Some injuries can have long-term or permanent consequences.
A specialist personal injury solicitor can review your case and advise you on your chances of making a successful muscle injury claim. If you can proceed, they can provide a no win no fee service, so you do not pay legal fees upfront.
Call 0800 470 0474 today or request a call back for a free, no-obligation case assessment.
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Table of Contents
What is a muscle injury?
A muscle injury is a type of soft tissue injury that occurs when muscle fibres are overstretched, torn or damaged. The most common types of muscle injuries are:
- Muscle strains (overstretching)
- Muscle contusions (bruising)
- Muscle tears (partial or complete)
- Whiplash injuries
- Repetitive strain injuries (RSIs)
- Rhabdomyolysis (potentially life-threatening)
Muscle injuries most commonly affect the lower back, hamstrings, calf muscles, shoulders and hip flexors. Depending on the severity and type of injury, symptoms include:
- Pain and tenderness
- Swelling, bruising and redness
- Spasms and cramping
- Weakness and limited motion
Rhabdomyolysis, a condition that involves rapid muscle breakdown, causes severe pain, stiffness, significant weakness, dark urine and systemic symptoms such as fever, confusion and a fast heart rate. It can be caused by severe trauma or crush injuries and requires emergency care.
Can I make a muscle injury compensation claim?
Yes, you may be able to make a claim for a muscle injury if it was caused by someone else’s negligence. To have a valid claim for compensation, you must be able to prove the following:
- You were owed a legal duty of care.
- The defendant breached their duty of care towards you.
- You suffered a muscle injury as a direct result.
A free consultation with a specialist personal injury solicitor is the easiest way to find out if you can claim muscle injury compensation.
Who could be liable for a muscle injury?
Liability for a muscle injury depends on where and how the accident occurred. The responsible party could be:
- An employer – For injuries caused by unsafe working conditions or poor manual handling practices.
- A driver – If you were injured in a road traffic accident caused by careless or reckless driving.
- A premises owner – If your injury occurred in a public place due to unaddressed hazards.
- A healthcare professional – If your condition was caused or worsened by substandard medical care.
- Another party – Such as an equipment manufacturer or an individual who assaulted you.
While the defendant may be liable for your injury, compensation is typically paid by their insurer and not by them directly.
Common accidents that could lead to a muscle injury claim
Muscle injuries can be caused by a wide variety of situations. Whether the injury is the result of sudden trauma or developed over time, you could be eligible to make a claim for compensation if it was caused by negligence.
Below are some of the most common scenarios that could lead to a muscle injury compensation claim:
Road traffic accidents are a common cause of muscle injuries such as strains, tears and whiplash. These commonly affect the neck, upper back, shoulders, chest and lower back.
These can be due to sudden braking, being thrown violently against the car interior or from a motorcycle, or trauma from an airbag or seatbelt. Pedestrians, motorcyclists and cyclists are especially vulnerable to severe muscle injuries due to a lack of protection.
Workplace accidents are another major cause of soft tissue injuries. These can be due to manual handling and repetitive strain, impact with machinery, falls from height or trauma from slips, trips and falls on the same level.
Employers have a legal duty under the Health and Safety at Work etc. Act 1974 to provide proper training, equipment and a safe workspace. Failure to do so could result in a valid accident at work claim.
Accidents in public places, such as supermarkets, restaurants, hotels and pavements, can also lead to muscle strains and tears. Common scenarios include slips on wet floors and trips on uneven pavements, leading to falls and sudden movements that cause muscle damage.
Private business owners must keep premises reasonably safe for visitors under the Occupiers’ Liability Act 1957. Local councils and highway authorities may also be liable for injuries caused by poorly maintained public highways if they have breached their legal duties.
Physical assaults can result in a wide range of muscle injuries, from minor strains and bruising to more severe tears. These can be due to being pushed, kicked, stabbed or hit with a weapon.
Eligible victims of criminal assaults can pursue a claim through the Criminal Injuries Compensation Authority (CICA) after reporting the incident to the police.
Muscle damage can also occur or worsen due to medical negligence. Examples include surgical errors causing muscle damage, incorrect physiotherapy techniques causing further damage and delayed diagnosis and treatment of muscle tears and other conditions.
While many sports injuries are nobody’s fault, you could make a sports accident claim if you suffered muscle injuries due to unsafe playing conditions, faulty equipment, poor training advice or the reckless actions of another player.
No matter how your injury occurred, a specialist solicitor can assess whether you have grounds to start a claim and pursue compensation for your losses.
What is the time limit to make a soft tissue injury claim?
Under the Limitation Act 1980, you typically have three years to claim compensation for a muscle injury, starting from:
- The date of the accident.
- The date you became aware that your injury was linked to negligence.
If a claim is not made within this timeframe, your case may become statute-barred. Exceptions apply to:
- Children – The 3-year time limit begins on their 18th birthday.
- Lack of mental capacity – There is no time limit for a litigation friend to start a claim on behalf of someone who lacks mental capacity, unless they regain capacity.
- Assaults – There is generally a 2-year time limit to start a criminal injury claim through the CICA.
How do I start a muscle injury compensation claim?
Making a claim for muscle injury compensation begins with an initial case assessment to determine if you have grounds to make a claim and who may be liable for your injury.
If you are eligible for compensation, the next steps are:
- Gather evidence to support your claim.
- A medical assessment with an independent expert to evaluate your injury.
- Sending a letter of claim to the defendant outlining your case.
- Negotiating your personal injury compensation, as many cases are settled this way.
- Preparing for court proceedings, if liability is disputed or you cannot settle.
Your solicitor will handle communication on your behalf and help make the claims process as straightforward as possible.
How much compensation can I claim for a muscle injury?
The amount of compensation you could receive is calculated based on the severity of the injury sustained and may cover two types of damages:
- General damages cover the pain, suffering and loss of amenity caused by your injury, including psychological harm.
- Special damages cover the financial impact of the injury, such as medical treatments, physiotherapy, lost earnings due to time off work or reduced ability to work.
The compensation awarded for a soft tissue injury claim is calculated with reference to the Judicial College Guidelines. Based on these guidelines, the following compensation amounts may apply for general damages:
| Injury type | Description | Compensation range |
|---|---|---|
| Whiplash injuries | Whiplash injury with recovery within 2 years | £275 to £4,975 |
| Hip injuries | Hip flexor injuries with full or almost full recovery within 2 years | £3,370 to £10,750 |
| Shoulder injuries | Shoulder injuries with almost full recovery within 2 years | £5,310 to £9,630 |
| Back injuries | Back strains with complete recovery between 3 months and 5 years | £2,090 to £10,670 |
| Knee injuries | Knee injuries with recovery within months | Up to £11,730 |
| Severe back injuries with ongoing pain, discomfort, and impaired mobility | £47,320 to £85,100 | |
| Neck injuries | Neck injuries with chronic pain and significant disability | £55,500 to £68,330 |
| Leg injuries | Serious leg muscle injuries with partial recovery and cosmetic deficit | £15,320 to £46,780 |
A muscle injury claims solicitor can help calculate the compensation you could receive for your pain, suffering and financial losses.
Can I make a muscle injury claim on a no win no fee basis?
If you are able to claim for a muscle injury that wasn’t your fault, our panel of specialist solicitors can represent you under a no win no fee agreement. This allows you to begin your claim without paying legal fees upfront.
You will only pay a success fee if your claim is successful. If you win, your solicitor will deduct up to 25% of your compensation for pain, suffering and past financial losses as a success fee.
What evidence do I need to support a muscle injury claim?
You will need various types of evidence to make a personal injury claim. This needs to prove how your injury occurred and how it has impacted your life, and could include:
- Medical records confirming your diagnosis and treatment
- Reports from independent medical experts
- Photographs of the accident scene and hazards
- Statements from witnesses to the accident
- Copies of accident and police reports
- CCTV or dashcam footage of the accident, if available
- Proof of financial losses, such as receipts and payslips
Frequently asked questions
Treatment of a muscle or ligament strain is similar to that of a sprain. If the injury is minor, the RICE (rest, ice, compression, elevation) method may be enough to recover. More severe strains may need pain relief, physiotherapy to restore strength and movement and even surgery for severe tears.
No. Your employer owes you a duty of care to keep you reasonably safe from foreseeable harm, and you are entitled to make a workplace accident claim if you are injured due to their negligence.
Any retaliation by your employer may amount to unfair or constructive dismissal and could lead to a further claim at an employment tribunal.
Yes. A parent or legal guardian could make a muscle injury claim on behalf of a child under 18. The claims process is the same as with any other case, but any compensation awarded to a child must be approved by a judge and will usually be kept in a protected account until they turn 18.
Yes. You can still claim compensation even if you were partially at fault for your injury. This could mean you did not wear a seatbelt during a car accident or ignored a clear warning sign in a shop. However, under contributory negligence, your compensation may be reduced based on your degree of fault.
There is no set timeframe for settling a compensation claim. Its duration will depend on the severity of muscle damage and any liability disputes. While a straightforward case may be settled within months, complex claims can take 12-24 months or longer to conclude.
Contact us today to start your muscle injury compensation claim with a free, no-obligation consultation with an experienced legal adviser. You can call free on 0800 470 0474 or use our online claim form to request a call back.
