Bursitis is a repetitive stress injury which is among one of the most reported injuries in the workplace. It is caused by placing repetitive and constant pressure on joints which as a consequence impacts the soft tissue and the protective fluids found in your joints.
If you developed bursitis at work and you believe that your employer did not protect you from harm, you may be entitled to seek compensation from them. To find out what causes the condition and what you would need to prove that a bursitis at work claim is valid, please read on.
- The Definition of Bursitis
- What Are the Symptoms of Bursitis?
- What Duty Does My Employer Have to Reduce the Risk of Bursitis at Work?
- Do I Have Worker’s Rights If I Suffer From Bursitis at Work?
- What Level of Bursitis at Work Compensation Could I Receive?
- It is Worth Making a Bursitis Claim Against an Employer?
- How Do I Begin a Bursitis at Work Claim Against an Employer?
- What Evidence is Needed If I File a Bursitis at Work Claim?
- What Are the Benefits of Seeking Legal Advice When Making a Bursitis at Work Claim?
- Would a Solicitor Offer Me No Win No Fee Terms if I Make a Bursitis at Work Claim?
- Informative Links
Bursitis is an extremely painful condition that is often referred to by the following names:
- Tennis elbow
- Housemaid’s knew
- Bricklayer’s shoulder
- Policeman’s knee
- Beat knee
The symptoms associated with bursitis causes tremendous pain and discomfort which can prevent you from working or enjoying things that you normally enjoy doing. Although many people believe that suffering from the condition is just a result of the work they carry out during their working life, bursitis is included in the Health and Safety Executive at Work Act 1974. As such, your employer is legally obliged to ensure that you remain protected in the workplace.
Should you develop a condition like bursitis at work, it could entitle you to seek compensation for the distress, pain, suffering as well as loss of amenity you endured through the negligence of an employer providing you have enough evidence to prove they were in breach of their duty to keep you safe while in their employment.
These days, doctors and other medical professionals can easily diagnose a condition like bursitis which employees developed in the workplace. The symptoms are similar to those associated with arthritis because this painful condition causes inflammation or infection in an affected joint with the bursa sac filling with fluid.
Fluid sacs are found in all the joints of your body and are essential in preventing bones grinding on bones because they act as lubricants to joints. The problem occurs when there is repetitive and constant pressure placed on joints which as a consequence can cause inflammation and infection. The result is extreme pain with the more common symptoms associated with bursitis being as follows:
- Pain and discomfort when you attempt to move
- Pain and discomfort when you place any pressure on an affected joint
- Tenderness around the joint when you are not moving and when you are moving
- Reduced mobility in the affected joint
- Swelling in and around the affected joint
If you are suffering from bursitis, a doctor would be able to diagnose your condition and link it to the job you do or used to do thanks to the advancement of modern diagnostic tests. The medical report the doctor or other medical professional produces would be used in your bursitis at work claim and the amount of “general damages” you could be awarded in a successful case against a negligent employer would be based both on the report and the Judicial College Guidelines.
There are laws and legislation in the UK that protect employees and other workers which employers must respect at all times. As mentioned previously, the Health and Safety at Work Act 1974 sets out clearly that your employer has a duty of care towards you and has a legal liability to make sure you are not at risk of developing a condition like bursitis at work. UK laws require that your employer does the following:
- That all employees and other workers are adequately trained to carry out their jobs safely
- That all employees and other workers receive ongoing training relating to health and safety at work
- That risk assessments are routinely carried out in a work environment to identify hazards before setting place all reasonable measures to reduce the risk of harm and injury to staff
- That all employees and other staff are provided with detailed working practices and procedures
- That employees and other staff are given regular breaks
- That employees are adequately trained to use equipment, machinery and tools in the workplace
- That the correct industry standard personal protective equipment – PPE – is made available when required and that it is correctly stored and maintained in good condition
- That employees and other staff have the experience required to carry out a job and the challenges the work may present safely
If your job involves repetitive working practices, you are more at risk of developing bursitis and if your employer knew this to be the case but did nothing to reduce the risk, it could entitle you to seek compensation by filing a bursitis at work claim against them.
As such, you should contact a solicitor at www.accidentclaims.co.uk who would assess your case in a no obligation, initial consultation for which there would be no charge. Once satisfied that your employer could be deemed in breach of their duty to keep you safe in the workplace, the solicitor would offer you No Win No Fee terms when representing you.
Employers in the UK must set in place adequate measures to ensure that you are not put at risk of developing a work-related health condition. If they fail to do so and you develop bursitis at work, they would be in breach of this duty. As such, it would entitle you to seek compensation from your employer because it is one of your “rights” to do so.
Should your employer fail in any of the following, it would mean they did not protect you in the workplace:
- You were not given adequate personal protective equipment
- You were inadequately trained to do the job
- Health and Safety regulations and other laws were ignored by your employer
Your rights following any sort of incident in the workplace in which you suffered an injury or developed a work-related health issue like bursitis are as follows:
- The right to be compensated by filing a bursitis claim
- That you cannot be fired because you seek compensation from your employer
If you are concerned about your job and that your employer may choose to make you redundant or sack you because you developed bursitis at work and seek compensation from them, you should contact a solicitor at www.accidentclaims.co.uk before doing anything else. The solicitor would listen to your concerns before providing essential legal advice on what you should do and whether you could file other claims against your employer.
The level of bursitis at work compensation you may receive would depend on several factors which are explained as follows:
- The severity of your symptoms and how they impact your ability to carry out normal tasks and hobbies as well as your ability to work
- Whether your mobility has been affected by the condition
You can develop bursitis in any of your joints but the most commonly affected are as follows:
If you developed bursitis at work and have had to cope with tremendous discomfort and pain, the amount of compensation you may be awarded would be high. Your employer’s liability insurance provider is well aware that this type of claim attracts higher amounts in the way of compensation and as such, they may be keen to offer an out of court settlement. However, you should discuss things with a personal injury lawyer before accepting an initial settlement to ensure that your bursitis at work claim is not “under settled”.
The amount of bursitis compensation you would be entitled to receive must reflect the level of the injury you sustained and would be based on the Judicial College Guidelines and the medical report that an independent doctor provided.
It is compulsory for your employer to hold valid liability insurance and the policy has to be issued by an approved provider. As such, when you seek compensation from an employer because you developed bursitis at work due to the fact that they failed to protect you, it is the insurance provider who would deal with your case. Bursitis is an extremely painful and debilitating condition that could negatively impact your overall health and well-being as well as your mobility.
If the symptoms you experience are extremely severe, it could mean you are unable to work and as such you would not be able to bring in your normal wage. This in turn can put you and your loved ones under a lot of financial stress and hardship. It is your right to seek compensation from an employer if they failed in their duty towards you and the money you receive in compensation would go a long way in helping out with any financial difficulties you could be facing.
It is best to seek legal advice from a personal injury solicitor before making a bursitis at work claim against your employer. The reason being that the solicitor would first assess whether your case against them is valid which they would do in an initial consultation that is typically free of charge. Once the solicitor believes that your employer failed to protect you and that you have the necessary proof to support your case, they would offer to represent you on a No Win No Fee basis by signing a legal contract known as a Conditional Fee Agreement.
Once this agreement is signed by both parties, the solicitor can begin investigations into your claim against an employer. They would communicate on your behalf with both your employer and their liability insurance provider. If your employer denies responsibility, the solicitor would then recommend that you begin legal proceedings against them. This is usually enough for both your employer and their insurers to change their minds and admit responsibility for you having developed bursitis at work.
You would need to provide sufficient evidence to support a bursitis at work claim against your employer which would include the following:
- Evidence that your condition was reported to your employer or the person in charge
- Evidence that a record of your condition was noted in the Accident Book. If the place where you work does not have an Accident Book, you should either send your employer or the person in charge a personal email or registered letter detailing the symptoms you are experiencing because you developed bursitis at work
- The medical report detailing your symptoms
- Witness statements and their contact details
As with all accident at work claims, the more proof and evidence you can provide a solicitor, the stronger your case against an employer would be. It is also worth noting that a solicitor would arrange for you to be examined by an independent medical professional who would produce a detailed report of your condition which would be used to calculate the amount of general damages you may be awarded in a successful claim against a negligent employer.
If you developed bursitis at work and you would like to seek compensation from an employer who could be held responsible, you should contact a solicitor at www.accidentclaims.co.uk who would quickly assess the strength of your case and whether you developed bursitis due to their negligence. Having legal representation when you make an accident at work claim against an employer offers many benefits some of which are listed below:
- Once satisfied you have a strong case against an employer, the solicitor would agree to provide essential legal advice and representation on a No Win No Fee basis taking all the worry of paying for the services a solicitor provides off the table
- There would be no upfront or ongoing fees to pay a No Win No Fee solicitor. The only time a payment would be due is when you receive the bursitis compensation you seek. If your case is unsuccessful, there would be nothing to pay for the legal advice and representation a No Win No Fee solicitor provided
- The solicitor would arrange for your health condition to be assessed by an independent medical professional at the earliest opportunity. The detailed medical report they produce would be essential in determining the level of bursitis compensation you may be entitled to receive
- Personal injury lawyers are able to access legal libraries which allows them to research cases that have been judged and settled in the past. They can then use these “precedents” when representing your bursitis claim against a negligent employer
- The solicitor would inform you at the earliest possible opportunity of the amount of bursitis at work compensation you may receive
- A No Win No Fee solicitor would handle all aspects of your claim which includes negotiating a fair and acceptable final settlement whether this is through the court or in an “out of court settlement” with 95% of personal injury claims being settled in this way
An accident at work solicitor has vast expertise when it comes to communicating with employers and liability insurance providers and always respect both the pre-action protocols and the strict 3 year statutory time limit.
As previously touched upon, once a personal injury lawyer has satisfied themselves that your employer failed to protect you in the workplace and as a consequence of this, you developed bursitis, they would offer you No Win No Fee terms when representing you. This means you would not have to pay the solicitor an upfront fee for them to begin their investigations into your bursitis at work claim.
You would need to sign a Conditional Fee Agreement which sets out the following:
- The amount you would pay when you are awarded the bursitis at work compensation you seek whether a court awards you the money or your employer’s liability insurance provider pays you an out of court settlement. The amount you would pay the solicitor which is known as a “success fee” would be taken out of the money you receive
- The Terms and Conditions of the agreement – this details the work that you can expect the solicitor to do for when representing you in your bursitis at work claim against your employer
If you lose your bursitis at work claim, you would not have to pay the solicitor for the legal representation you received. In short, having a No Win No Fee lawyer work on your case means you can seek bursitis at work compensation without any financial risk to yourself. As previously mentioned, should you lose your case against an employer, a No Win No Fee solicitor would waive the “success fee” having signed a Conditional Fee Agreement with you.
If you developed a work-related illness and you believe that your employer did not do enough to protect you in the workplace, you can find more information regarding an employer’s duty of care towards you at work by clicking on the link provided below:
For more information about the law regarding how and when workplace injuries and work-related health issues must be reported and recorded, please click on the link provided below:
For more information regarding employment law in the UK and how an employer must have a valid reason for firing you after an accident at work, please follow the link provided below: