Osteoarthritis Compensation Claims

Osteoarthritis is a chronic, painful joint condition caused by the wear down of the protective cartilage at the ends of bones. This can be due to several factors, such as obesity, genetics, ageing, trauma, or repetitive strain on the joints.

If you developed osteoarthritis as a result of your job or an accident that was not your fault, you could be eligible to make an osteoarthritis compensation claim. This would cover your pain, suffering and any related financial losses and expenses.

To find out if a personal injury solicitor can help you start your claim on a no win no fee basis, call 0800 470 0474 for a free case assessment. You can also enter your details into our contact form to request a call back.

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By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.

Table of Contents

• What is osteoarthritis?
• How is osteoarthritis diagnosed and treated?
• Am I eligible to make an osteoarthritis compensation claim?
• What are the main situations leading to osteoarthritis claims?
• How can osteoarthritis affect your life?
• Can I claim for work-related osteoarthritis?
• Evidence needed to make a personal injury claim
• How long do I have to make an osteoarthritis claim?
• How much compensation can I claim for osteoarthritis?
• How long will my arthritis claim take?
• Can I claim for osteoarthritis on a No Win No Fee basis?

What is osteoarthritis?

Osteoarthritis is a chronic condition that causes joints to become stiff and painful. It is the most common type of arthritis, usually affecting the knees, hips, elbows and wrists, but can occur in any joint.

Osteoarthritis develops due to the wear and tear of the cartilage at the end of bones, which helps joints move smoothly. This can be the result of a combination of factors, such as older age, being a woman, repeated stress on the joint, bone deformities and joint injuries from various accidents.

Symptoms often develop gradually and commonly include:

• Painful joints during or after movement;
• Stiffness, especially in the morning or after resting;
• Limited range of motion;
• Joint instability;
• Tenderness when you apply light pressure to the joint or near it;
• A popping or clicking sound when the joint bends;
• Bone spurs that form around the affected joint;
• Swelling around the joint caused by soft tissue inflammation;
• Muscle weakness and wasting.

If you experience joint pain or stiffness, you should make an appointment to have your condition diagnosed and properly treated.

How is osteoarthritis diagnosed and treated?

To diagnose whether you have osteoarthritis, your doctor will first consider your medical history and carry out a physical exam to check for swelling, tenderness and flexibility. They may also order imaging tests such as an X-ray or MRI to get a better view of the joint and the damage to the cartilage.

If they find it necessary, they may also analyse your blood or the joint fluid to rule out other conditions, such as rheumatoid arthritis, gout or an infection.

If you are diagnosed with osteoarthritis, you should know that this is a long-term condition that cannot be cured. However, some treatments are available to help manage and reduce symptoms, such as:

• Low-impact exercises to improve joint flexibility and muscle support;
• Weight loss if you are overweight;
• Medications such as pain relievers, topical creams, duloxetine and corticosteroids can help reduce pain and inflammation;
• Physical therapy to strengthen your muscles, reduce pain and increase range of motion;
• Occupational therapy to learn how to perform daily activities without putting extra stress on your joints;
• If your condition is severe, your doctor may recommend surgery to strengthen, repair or replace the damaged joint.

Am I eligible to make an osteoarthritis compensation claim?

The easiest way to find out if you can make an osteoarthritis claim is by contacting us for a free case assessment. A trained legal adviser will ask you a few questions to determine whether:

• Another party owed you a duty of care legally;
• They breached this duty through negligence or wrongdoing;
• You developed osteoarthritis as a result, which caused you pain, suffering and financial losses.

It is essential to keep in mind that you can still make a claim even if you were partially at fault for your accident and condition, such as if you were crossing the street without looking for oncoming traffic or not wearing your seatbelt. In such cases, you may receive a reduced compensation award that reflects your part of the blame.

If a personal injury solicitor takes on your case, they will help you gather the supporting evidence you need and handle all communication on your behalf. This way, you can focus on your well-being without worrying about the claims process.

What are the main situations leading to osteoarthritis claims?

Osteoarthritis can sometimes develop as a result of trauma or overuse caused by accidents or work environments. In such cases, it may lead to an injury compensation claim.

Some of the most common situations leading to post-traumatic arthritis compensation claims include:

• Slips, trips and falls can lead to joint injuries, which can accelerate wear and tear, potentially leading to osteoarthritis;
• Accidents at work from falls, heavy lifting, machinery or repetitive stress can wear down cartilage and cause long-term arthritis;
• Road traffic accidents, such as car collisions or pedestrian incidents, can result in trauma to joints, especially in the knees, hips or shoulders;
• Sports-related injuries, such as fractures or torn ligaments, can lead to joint instability and cartilage breakdown, causing arthritis over time;
• Military service can lead to severe joint trauma due to high-impact activities and intense physical demands during training or direct combat;
• Medical negligence, such as surgical errors or poor treatments, can damage the cartilage or ligaments in a joint, leading to osteoarthritis;
• Defective products like faulty machinery or safety equipment can lead to accidents and injuries that can increase the risk of developing osteoarthritis;
• Criminal assaults can also lead to osteoarthritis if you sustain severe joint trauma, such as from blunt force, a fracture or a twisting injury. In this case, you may be eligible to claim through the Criminal Injuries Compensation Authority (CICA).

How can osteoarthritis affect your life?

As the cartilage at the ends of bones in joints breaks down due to osteoarthritis, this can have a range of effects on your life, such as:

• Difficulty carrying on daily activities such as walking, climbing stairs or bending due to pain and reduced mobility;
• Loss of independence and difficulty completing daily tasks on your own;
• Loss of sleep and fatigue due to chronic pain and discomfort;
• Reduced ability to work as before your injury or accident, leading to lost income and financial hardship;
• Limited ability to engage in hobbies and activities you used to enjoy, such as running, gardening or hiking;
• Emotional distress, anxiety and depression caused by a combination of chronic pain, limited mobility and loss of independence;
• An increased risk of developing other health conditions, such as cardiovascular disease and diabetes, due to the reduced activity;
• A strain on personal relationships due to the increased dependence on others or inability to attend social events.

If you claim compensation for osteoarthritis, your solicitor will ensure you are compensated for all the ways the condition has affected you.

Can I claim for work-related osteoarthritis?

Osteoarthritis is common in jobs that involve manual labour and repetitive movements, such as using specific equipment and machinery, kneeling or carrying heavy objects. Some of the occupations that are most at risk include:

• Mechanics
• Construction workers
• Agricultural and forestry workers
• Carpenters
• Factory workers
• Storage and transportation
• Social workers

Under the Health and Safety at Work Act 1974, your employer has a legal duty to keep you as safe as possible from the risk of developing osteoarthritis or other injuries. Some of their responsibilities include:

• Carry out risk assessments to identify tasks and hazards that could cause joint injuries;
• Provide ergonomic workstations to prevent excessive wear and tear stress on the joints;
• Provide proper training and mechanical support for safe lifting tasks;
• Ensure you can take regular breaks to minimise repetitive strain and allow for recovery;
• Provide personal protective equipment, such as kneeling pads, when necessary.

If your employer has failed to take reasonable measures to reduce the impact on your joints while doing your job and you developed osteoarthritis, you may be entitled to compensation.

Making a claim against your employer should not put your job at risk, thanks to the unfair and constructive dismissal laws. Your employer cannot sack or discipline you simply because of your claim. If they do so, a specialist lawyer can help you make a further claim at an employment tribunal.

Evidence needed to make a personal injury claim

If you have developed osteoarthritis due to someone else’s negligence and you want to make a claim for compensation, you will need various types of evidence to show what happened and its impact on your life. Depending on the circumstances, you should try to provide the following:

• Medical records that detail your symptoms, tests, diagnosis and the progression of your disease;
• Photographs, videos or CCTV footage of your accident to show how it happened and any hazards that caused it;
• A copy of an accident report if you developed post-traumatic arthritis due to an incident at work or in a public place;
• Employment records to verify whether your job involved repetitive movements or excessive stress on the joints;
• Statements from medical specialists that can link your condition to an injury or repetitive strain and identify your future care needs;
• A copy of a police report and crime reference number if you were the victim of an assault;
• Witness statements from anyone who saw your accident, if you were involved in a road collision, slip, trip and fall or another similar incident;
• Your testimony regarding what happened and how your condition has affected your life, including a log of pain and limitations to your daily activities;
• You also need financial documents to claim for any related losses, such as medical treatments and lost wages.

How long do I have to make an osteoarthritis claim?

According to the Limitation Act 1980, you have three years to make a claim for osteoarthritis or any other personal injury. As the condition typically develops gradually over time, the three years will start to run from when your condition was diagnosed and linked to a previous negligent act from someone else. This is known as the date of knowledge.

You should not postpone seeking legal advice even if three years seems like plenty of time. Starting a claim at the earliest time will help your solicitor gather evidence to build a solid case and secure the maximum amount of compensation you deserve. Furthermore, your case will be time-barred and no longer valid if you miss this deadline.

A few exceptions might apply:

• If a loved one does not have the mental capacity to start a claim (due to a brain injury or a condition such as dementia), there is no time limit to represent them as a litigation friend.
• If you have developed arthritis after an accident abroad, the limitation date could be shorter than three years, depending on each country’s laws.

How much compensation can I claim for osteoarthritis?

The amount of compensation you may be entitled to claim is difficult to estimate without knowing your circumstances. As they gather evidence, your solicitor will calculate your compensation based on two types of damages they will include in your claim:

General damages aim to compensate you for your physical injury and its subjective impact on your life. Examples of general damages include physical pain and discomfort, anxiety, mental anguish, loss of amenities and reduced quality of life. These are based on historical cases and the guidelines from the Judicial College and could be:

• Up to £6,890 for minor arthritis with symptoms that come and go.
• £13,369 to £30,000 for moderate osteoarthritis with manageable symptoms.
• Up to £50,000 or more for severe osteoarthritis causing significant pain and reduced mobility and quality of life.

Special damages cover financial losses and expenses related to your condition. Examples include current and future loss of earnings, mobility aids, care costs, travel expenses to medical appointments and adaptations to your home or vehicle. The compensation for special damages is based on documents such as receipts and invoices.

How long will my arthritis claim take?

It is difficult to say from the outset how long it will take to complete your compensation claim. This will depend on several factors, which include the severity of your condition, the circumstances of your accident and how long it will take to gather supporting evidence.

Another essential factor is whether there are any liability disputes or the defendant admits responsibility for your condition. If they admit being at fault, you can begin negotiations straight away and secure the compensation you deserve much faster.

If the defendant denies liability, you will likely need to gather more evidence to support your case, and your solicitor will issue court proceedings. In the worst-case scenario, you may need to resolve your case in court, which can take significantly longer.

For example, a straightforward claim where the fault is admitted from the beginning could be settled in a few months. On the contrary, complex medical negligence cases can take several years to conclude.

Can I claim for osteoarthritis on a No Win No Fee basis?

If you are entitled to compensation, your solicitor will help you claim with a no win no fee service. Also known as a conditional fee agreement, this allows you to hire legal representation without paying anything upfront. Furthermore, you will not be taking any financial risks, as you only pay your solicitor if you win compensation.

With no win no fee, you can also benefit from After the Event (ATE) insurance, which will cover all the litigation costs if you lose the claim. These include medical reports, expert testimony, court fees and the defendant’s legal expenses. As with your personal injury lawyer’s fee, you only pay the cost of the ATE premium if you win compensation. Otherwise, you will have nothing to pay and will not be left out of pocket.

To find out if you can start an arthritis compensation claim, call 0800 470 0474 for a free case assessment or enter your details here to request a call back.