Employers are legally required to assess the risk of their employees suffering painful conditions like bursitis and they must ensure staff are aware of these risks, are given the correct training and adequate protective equipment. If their negligence has led to you or someone you know suffering from bursitis, then you are entitled to claim compensation.
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What is bursitis?
Bursitis is the inflammation of a bursa, a fluid filled sack which forms under the skin around joints. It acts as a cushion between the bones of a joint as they move across one another. Any bursa can become inflamed, sore and painful but most commonly affects the shoulder, elbow, knee and hip joints. Bursitis can be a very painful condition leading to limited mobility and loss of independence. This often leaves people struggling to work and maintain their usual day-to-day lifestyle.
When it comes to claiming compensation, the most common injury forming the basis of the claim is knee bursitis. Any activity that includes lots of kneeling or crawling (such as carpet fitting and floor tiling) can lead to symptoms. The bursae within our knees are likely to become inflamed and swollen as a result of pressure or impact. Bursitis will create significant discomfort within the joint affected and in severe cases it is impossible to kneel or crawl.
Why claim compensation?
Bursitis causes a considerable amount of pain, and leaves a sufferer unable to move freely, walk or kneel comfortably. Because of this, many sufferers are unable to work and earn their regular salary. Recovering from bursitis can take many months.
Claiming personal injury compensation can help ease some of the problems you face.
- Claiming is a legal right, and will fairly compensate you for injuries that were not your fault.
- It can pay for private medical treatment and rehabilitation therapies to speed your recovery.
- You can reclaim any lost income, plus future loss of income if you are prevented from working again.
How much compensation could you receive?
A successful claim will lead to a compensation settlement being made to you for the injuries you have suffered and medical treatment that you have required. In addition, the value of the claim will include any lost income and expenses. If your condition led to you suffering psychological harm, you can also make a claim against this.
Every claim is different so it’s impossible to know the exact amount you could receive. However, there are guidelines issued by the courts and our solicitors are experts in using these to ensure you receive the maximum amount of compensation. You will be advised as to the likely level of compensation for your injuries once initial evidence has been collected.
When can you make a bursitis compensation claim?
The majority of bursitis claims relate to injuries and symptoms caused through someone’s working activities. Commonly they are a direct result of employer negligence. Many employers fail to identify working practices and jobs that are likely to lead to an employee being at risk of suffering painful conditions like bursitis. This could lead to them being liable should a sufferer wish to claim compensation.
Common scenarios leading to bursitis compensation include:
- Employers failing to identify roles that face a risk of bursitis
- Not advising staff of the risks of bursitis
- Failing to provide adequate protective equipment (knee pads etc)
- Refusing or failing to provide training
- A working environment that prevents people from working safely, such as a lack of job rotation or adequate rest periods
The onus is on an employer to ensure staff are aware of the risks their job could present to their health. They must provide the correct training to staff and make sure they are given adequate protective equipment and safe working advice in order to minimise, as far as possible, the risk of bursitis arising. Employers that fail to ensure staff receive full training, guidance or safety wear, or fail to adequately assess roles that present a risk to employees’ health, will be liable should any injuries happen to the staff under their leadership. Any person injured in this way is entitled to make a claim for personal injury compensation.
Occupations at most risk
Bursitis has been linked to certain occupations, and is most likely to affect workers who kneel or crawl a lot:
- Carpet fitters
- Floor tilers
- Workers who regularly access IT & PC hardware, telephony and wiring located in areas that are difficult to access such as underneath desks or within box rooms or cupboard spaces
- Construction site workers, including labourers
- Plumbers & electricians
Anyone who has suffered bursitis as a result of their work or other organised activity can make a claim. If it can be shown that the employer has been negligent the claim will succeed. If you have been diagnosed with a bursitis condition that has been caused by your working life, you should contact us today to discuss claiming compensation.
Making a successful claim
Firstly, we’ll need to assess your case to determine if enough evidence is available for your claim to succeed. At Direct2Compensation, we know your rights and can help you to understand whether the specifics of your bursitis condition is something you are likely to be able to hold your employer liable for.
After this, we will advise you on important issues and the claims process. In order to provide evidence of your injury it is important to make sure that the details of your bursitis have been recorded properly with your employer and that medical attention is sought. If you haven’t done this already, we can help you to do so.
One of the major benefits of making a claim for compensation is the possibility of accessing excellent rehab therapies. Our specialist solicitors will look to obtain such treatments for claimants, including physiotherapy, massage therapy, osteopathy and many other kinds of intervention. Such treatments and rehab therapies have been proven to help people recover more quickly and therefore be in a position to return to work and get back to normality with life.
Direct2Compensation are experts in managing work-related injury and illness compensation claims. We work with some of the best accident at work solicitors in the UK. With our easy to understand process and ability to handle your claim quickly, simply and transparently, there are many reasons that make us the right choice when it comes to starting your claim.
To start your bursitis claim today or find out more about your compensation rights, call us on 01225 430285 or if you prefer, we can call you back. In just a few minutes on the telephone with you, we’ll obtain the initial information needed for our solicitors to commence a claim.
Direct2Compensation are regulated by the Claims Management Regulator in respect of regulated claims management activities. Our authorisation number is: CRM33541, details of which can be found on the regulators website at www.claimsregulation.gov.uk