Tennis elbow claims

Tennis elbow is a painful condition that causes soreness and swelling around the outside of the elbow. It often develops due to repeated use of the forearm muscles situated near the elbow joint. Its symptoms can be debilitating and affect your ability to work and carry out daily activities.

The condition can affect workers in many industries, such as construction, production workers, plasterers and plumbers. Employers must identify health risks to employees and take reasonable measures to reduce or eliminate them. If your employer has failed to protect you, you might be eligible to make a tennis elbow claim against them.

To start your claim today or find out how much compensation you could claim for tennis elbow, call 0800 032 3660 to speak to a legal adviser. Alternatively, you can fill in our online claim form to receive a call back with no obligation to proceed.

What is tennis elbow?

According to the NHS, tennis elbow, also known as lateral epicondylitis, is a painful condition that affects the outside of the elbow joint. Despite its name, tennis elbow is not limited to tennis players; it can affect anyone who engages in repetitive arm and wrist motions. It is typically due to inflammation or damage to the tendons in the forearm near the elbow.

Activities that involve gripping, twisting, or repetitive wrist extension, such as playing tennis, golf or using hand tools, can cause tennis elbow. There are a few things you can do to prevent the condition:

• Use proper technique and equipment during activities.
• Take frequent breaks.
• Do stretching and strengthening exercises for the forearm muscles.
• Avoid repetitive tasks.

Tennis elbow is diagnosed based on your medical history and a physical examination. Your doctor may also order imaging tests like X-rays or MRI scans to rule out other causes of your problem and show the extent of the damage. A personal injury solicitor could help you start a tennis elbow claim if you developed the condition due to someone else’s negligence.

What are the symptoms of tennis elbow?

Tennis elbow is a type of injury that results from overuse or repetitive strain on the forearm muscles and tendons. The symptoms develop slowly and are often overlooked during the initial stages. Common symptoms of tennis elbow include:

• Pain. The primary symptom is pain and tenderness on the outer side of the elbow, which may radiate down the forearm.
• Weakness. You may experience weakness in your grip, making it difficult to perform simple tasks like lifting or holding objects.
• Stiffness. Some individuals with tennis elbow may also notice stiffness in the affected arm.

These symptoms can make it hard for sufferers to:

• Shake hands or grip small objects
• Perform specific actions like opening a jar
• Bend, lift or extend the arm
• Hold a coffee cup or utensils
• Carry out work and daily activities

Tennis elbow can also affect sleep, leading to fatigue and decreased overall well-being. The chronic pain and limitations associated with the condition can have a psychological and emotional impact and cause anxiety and depression. Common treatments involve:

• Rest. Resting the affected arm and avoiding activities that may worsen the symptoms;
• Medication. You may take anti-inflammatory drugs to help reduce pain and swelling;
• Physical therapy. Specific exercises can help you stretch and strengthen the forearm muscles;
• Bracing. Using a brace to support your arm and rest the muscles and tendons can help reduce the symptoms of tennis elbow;
• Steroid injections. Steroids, such as cortisone, are very effective at reducing inflammation but may have side effects;
• Platelet-rich plasma (PRP). This method involves injecting a concentrated solution of your platelets into the affected area to promote tissue healing;
• Surgery. Your doctor may recommend surgical intervention if all other treatments fail to relieve pain.

If you experienced suffering from tennis elbow, you may be able to claim compensation. You can get in touch with an experienced solicitor who can assess your case and provide free legal advice by calling 0800 032 3660.

Can I make a tennis elbow claim?

Tennis elbow compensation claims typically arise from workplace negligence. Employers have a legal duty under the Health and Safety at Work etc. Act 1974 to protect the welfare of employees. That means they must assess the risks associated with your job duties and take measures to try and prevent a repetitive strain injury.

Therefore, you may be entitled to claim for tennis elbow if:

• Your employer breached their legal duty towards you
• Their negligence resulted in your condition
• You were diagnosed within the past three years

Some of the most common jobs associated with tennis elbow at work claims include:

• Office workers
• Painters
• Carpenters
• Construction workers
• Plumbers
• Musicians
• Manufacturing workers
• Healthcare professionals

An experienced solicitor can assess the details of your injury and determine whether your employer has breached their duty of care towards you. If you have a valid case, they will guide you through the claims process and help you get the compensation you deserve.

What evidence will I need in a tennis elbow injury claim?

One of the most essential steps in the claims process is gathering evidence to prove how your injury occurred and how it has affected your life. Your solicitor will help you with this, but you can assist them by providing any of the following:

• Detailed medical record of your diagnosis and treatment plans
• Any diagnostic tests, such as MRI scans, that show the extent of the damage in the affected area
• Evidence related to your job, such as safety regulations and workplace policies
• Contact details of co-workers, supervisors or others who can attest to how you developed tennis elbow
• Photographs or videos of unsafe workplace conditions and equipment
• Occupational health reports if your employer asked for a specialist to assess your workplace conditions
• Any correspondence between you and your employer if you raised concerns about your welfare
• An accident report form if you informed your employer about your injury
• Your journal or diary documenting your pain and suffering and how tennis elbow has affected your daily life
• Evidence of lost wages and other financial expenses you incurred due to your condition

This evidence will help your solicitor determine if you have a valid claim and the amount of compensation you may receive if your case is successful.

What are the most common causes of tennis elbow?

Tennis elbow often results from movement and activities that place excessive stress on the forearm. Common causes include:

• Tasks that require repetitious hand and wrist movements are a primary cause of tennis elbow at work. Examples include constant typing, computer mouse use, or operating machinery;
• Jobs that involve frequent gripping, such as using hand tools (wrenches, hammers), gripping handles (shovels, brooms), or hand assembly work can cause tennis elbow;
• Frequent heavy lifting and carrying without proper technique or equipment;
• Maintaining awkward or unnatural postures for extended periods;
• Vibrating tools, such as jackhammers or power tools, can lead to muscle and tendon strain;
• Poor workplace ergonomics, including improper chair and desk height, lack of wrist support, or non-ergonomic keyboard and mouse setups;
• Forceful actions like pushing or pulling heavy objects can also lead to overuse injuries like tennis elbow.

If your employer has failed to protect your health and well-being, you may be eligible to claim tennis elbow compensation. You can learn more about your employer’s duty of care in the section below.

Employer duty of care to prevent lateral epicondylitis

Employers have a duty of care to take reasonable measures to prevent workplace injuries, including epicondylitis. Their responsibilities are outlined by legislation such as the Health and Safety at Work Act 1974 and Provision and Use of Work Equipment Regulations 1998 (PUWER) and include:

• Carry out risk assessments to identify any risks of injury
• Deal with identified hazards in a timely way
• Train you on how to do your job tasks safely
• Allow you to take regular breaks to rest
• Consider providing ergonomic tools and workstations to reduce the risk of tennis elbow
• Rotate your job duties to avoid overuse
• Provide education on the dangers of repetitive actions and how to prevent injuries
• When possible, use machines or equipment to reduce physical strain
• Provide appropriate personal protective equipment, such as anti-vibration gloves

If your employer has failed in their legal duty, you could make a claim for tennis elbow. You may be entitled to compensation even if you are self-employed, an agency worker or a zero-hours contract worker.

Can I be sacked if I make a tennis elbow compensation claim?

Workers from all types of industries are entitled to start a personal injury claim if they suffer damages due to their employer’s negligence. While claiming tennis elbow injury compensation from your employer may seem daunting, they cannot legally sack or treat you differently afterwards.

According to unfair or constructive dismissal laws, you can take further legal action if you suffer any retaliation because you decided to start your work accident claim. A solicitor can help you seek justice in an employment tribunal, which may order your employer to return your job or take any other corrective measures in your favour.

Furthermore, knowing that your employer’s insurer will pay the compensation payout amount and not them directly can be reassuring. By law, every employer must have liability insurance to cover personal injuries to employees so they will not be left out of pocket due to your claim for tennis elbow.

Frequently asked questions:

If you developed tennis elbow as a result of a breach of duty in your workplace, you may want to start a claim for compensation. Below, we have answered some of the most frequent questions from claimants regarding the claims process. Please don’t hesitate to contact us today to learn more about claiming compensation for tennis elbow. You can call 0800 032 3660 or use our online claim form to arrange a call back.

How long do I have to claim for tennis elbow?

Personal injury claims have a three-year time limit starting from the date of the accident causing an injury. In the case of tennis elbow and other conditions that develop over time, the three years begin from the date your doctor diagnosed the injury, known as the date of knowledge.

The time limit is suspended if the claimant also suffers from an illness that affects their ability to conduct legal proceedings. Examples may include mental health issues like schizophrenia or a traumatic brain injury. In this case, a litigation friend could claim tennis elbow compensation for them.

While three years may seem like a long time, we suggest you speak to a solicitor as soon as possible. That will give them enough time to obtain medical reports and further necessary evidence. Also, they could secure an interim payment on your behalf to help cover the cost of private treatment and rehabilitation and other financial needs.

How much compensation for tennis elbow could I receive?

Each case is unique, and it is difficult to say how much compensation you could claim before assessing your situation. As a general rule, a compensation claim will usually consist of two elements:

Special damages cover the costs incurred as a result of your condition. Examples may include lost earnings, prescriptions, rehabilitation and travel expenses. These are calculated based on any evidence you can provide, such as receipts and invoices.

General damages cover the physical injury and how it has affected your life. These may include physical pain and suffering, the emotional impact of the condition, and reduced quality of life. These subjective losses are more challenging to assess and are based on the Judicial College guidelines.

According to our injury compensation calculator, depending on its severity, you could receive between £3,530 and £54,830 for tennis elbow. Your solicitor will include all the damages you suffered in your claim and work hard to secure the maximum compensation possible on your behalf.

Will my solicitor offer me a No Win No Fee service?

If you are entitled to claim compensation for tennis elbow, your solicitor will offer you a no win no fee agreement. This service is provided so anyone can begin a claim, regardless of their financial situation. There are no upfront fees to pay and no hidden charges.

If you win the case, your solicitor will receive a success fee of up to 25% of your compensation for general damages and past financial losses. If you lose, they cannot recoup their costs, and you will not incur any out-of-pocket expenses.

At the start of your claim, your solicitor will also take out After the Event (ATE) insurance on your behalf. This legal expenses insurance covers all your costs and disbursements if you lose the claim for tennis elbow. These may include the defendant’s solicitor, court and counsel fees and medical reports.

To find out if you can make a claim on a no win no fee basis, call 0800 032 3660 today or arrange a call back by entering your details into our online claim form.