Claim Compensation For Workplace Soft Tissue Injuries

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You are entitled to claim compensation if you have suffered a soft tissue injury at work and it can be proven that your accident was a result of employer negligence in providing a safe working environment.

Table of contents

Introduction

Although a soft tissue injury may not sound particularly serious, the truth is that they can have big implications for the injured person’s future, affecting their ability to work or live normally. It’s in these cases where claiming compensation can be of great help financially and to ensure the best recovery possible.

Usually, soft tissue injuries refer to a muscle, ligament, tendon or the flesh. They are commonly caused through slipping on wet floors at work, where joints and ligaments are sprained and damaged, or a lack of manual handling training, where injuries to the muscles of the back occur through over work and incorrect lifting techniques, or as a result of a laceration.

Claimants often have soft tissue injuries that cause problems with mobility and independence, whether temporary or permanent. In severe cases, such as a serious injury to a ligament, muscles or discs of the spine, claimants may well require surgery.

Soft tissue injuries at work often happen as a result of employer negligence and could be avoided with relative ease.

Employer liability

Injury compensation claims for soft tissue injuries at work fall under the umbrella of an accident at work compensation claim. Such claims will succeed, and see the claimant obtain a compensation settlement, if it can be proven that the employers responsible for health and safety in the workplace have been negligent and failed to comply with their statutory duties.

Employers and contractors are legally obliged to provide a safe and secure environment for workers. When employers fail to do so, there will be an increased risk of hazards that could cause a soft tissue injury. An unsafe working environment will see employees working with a lack of training, guidance and support that could help to ensure risks are avoided or minimised.

Employers must be aware of the risks to their staff. Whether soft tissue injuries at work are caused through defective machinery, an unmarked hazard, a lack of the provision of the correct protective equipment or safety guards, insufficient training and guidance of staff, a failure to identify items, job roles or workplace hazards that could cause soft tissue injuries, employers will be liable should someone sustain injuries severe enough to warrant a compensation claim.

Why claim compensation for a soft tissue injury?

An employee who suffers a soft tissue injury at work may well be left unable to work for a period of time and therefore have to cope with the stress and anxiety of losing their income, as well as suffering with the pain and discomfort of their injuries.

Claiming personal injury compensation can help ease some of the problems you’ll experience, and in a number of ways other than just a cash settlement:

  • Claiming injury compensation is a legal right, and fairly compensates you for injuries that were not your fault.
  • A successful claim can help to pay for private medical treatment and rehabilitation therapies to speed your recovery.
  • Claiming injury compensation can make up for lost income now and in the future if you are prevented from working again. This is by way of a special damages claim that relates to losses above and beyond any compensation settlement awarded to cover the injuries and distress caused.

With Direct2Compensation, all claims are made on a No Win No Fee basis, so you will never be charged if your claim does not succeed. A successful claim will lead to a compensation settlement being made to you, with the value of the claim including any lost income and incurred costs as well as a settlement for the injuries and medical treatment that you have sustained.

Additional medical help for your recovery

Once your claim is active and your specialist injury compensation solicitor has obtained an admission of liability, your claim will succeed. At this point, your solicitor will look to help you to recover more quickly by obtaining rehabilitation therapy such as physiotherapy, or private specialist treatments, at the expense of the 3rd party.

It may be that you will be able to obtain further treatments unavailable in usual circumstances to help you recover more quickly and return to work and normality. Further information on this will be available from your solicitor once your claim has been started.

When can you claim compensation?

In the majority of cases, work injury compensation claims will succeed if it can be shown that the employer or contractors were negligent. Employers, contractors and site management providers must ensure:

  • That staff are given a safety induction relating to the workplace. That staff and contractors are made aware of the likely risks of a soft tissue injury at work and know how to minimise those risks through hazard signage on slippery surfaces, adequate manual handling training and provision of the correct working equipment.
  • Employers must ensure that staff know how to deal with accidents and seek first aid.
  • That health and safety signage is properly and prominently displayed and they must ensure that all workers are made aware of their obligations to work safely.
  • That all staff are provided with, or obliged to wear the correct personal protective equipment.
  • That staff are adequately qualified to use any tools or machinery.
  • That cleaning contractors erect hazard warning signs when making floors wet during and after cleaning.
  • That any hazards found that may cause the risk of slipping or tripping accidents are identified and fully repaired.

Anyone who suffers a soft tissue injury whilst at work as a result of employer negligence is entitled to make a claim for personal injury compensation. As with all accidents at work, it is important to make sure that the details have been recorded properly within an employer’s or site accident book, and that medical attention is sought for any injuries that you have sustained. If you haven’t done this already, we can help you to do so.

How Direct2Compensation can help with your claim

Direct2Compensation are experts in managing claims for injuries caused at work, including soft tissue injury claims. We know your rights and can help you to understand whether the specifics of your accident are such that you are likely to win compensation.

We can advise you on important issues, such as helping you to make sure that the details of your accident and injuries have been properly reported and recorded with your employer, and can also give you a good understanding about how the no win no fee claims process works.

Direct2Compensation work with some of the best expert accident at work solicitors in the UK. With our easy to understand claims 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 for injury compensation.

If you have suffered an injury and want to know if you can make a claim for compensation, contact us today. You can start your claim online or request a call back, and one of our expert team will be in touch to offer help. Alternatively, call us on 01225 430285.

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Questions & Answers


  1. lisa

    I have been caring for a lady for the past 14 years, where I have to do her personal care on my own using a slide sheet and having to roll her and using a slide sheet on my own. For the past 13 years, I’ve been pushing her around in a manual wheelchair outdoors and indoors pushing her around on a zara steady to get to the bathroom etc.

    Recently her condition has deteriorated, so a ceiling hoist has now been put in and a power assisted wheelchair instead of a manual one. Unfortunately, I am now off work for the first time in 14 years due to golfers elbow & wear and tear to the tendons caused through this work. I have had this problem for around 18 months which has been managed by injections from my Doctor. When the 4th injection didn’t work, I was referred to an orthopaedic Doctor who in turn referred me for an x-ray, for which I am now awaiting the results.

    I only get 10 weeks sick pay then ssp after. If an operation is needed, I could be off for a further 2 months only getting ssp. All relevant training has been giving except like I mentioned at the beginning, pushing the client around and rolling and personal care on my own.

    If I am off work longer than 10 weeks, can I claim any compensation or additional money to help top up my ssp?

    Reply
    • Ian Morris

      Our Solicitors can advise you as to whether or not you can attempt to make a claim against the employers insurance for the fact that you have been working alone doing physical work that may well have required two people or mechanical equipment. Whilst the employer appears to have provided training, they may not have carried out an adequate risk assessment or have an up to date care plan in place for this individual and if so, you would be able to make a claim to recover compensation for the injury as well as lost income or other costs.

      If you would like to get further advice, please call us on 01225430285 so that we can take some initial details and get one of our specialist Solicitors to advise you.

      Reply
  2. theresa

    I am a paid apprentice working at an equestrian center with the hope of becoming an instructor, I have been there 3 weeks (and am on probation). I have had an accident at work, I was thrown from a horse into a fence dragged for a bit and then kicked by horse which caught my helmet. I was told oh you’re fine get back on horse, as i was worried i may lose my position if i didn’t get back on horse i took a deep breath and got back on for another half hour. I was told the horse i had been given was a bit frisky as it had not been ridden for a week, they knew i was not fully confident in cantering and this is what i was learning when the horse threw me, i left and went home but after a couple of hours the pain started kicking in and i could not move even vomiting as pain was so strong, I ended up in hospital having emergency scan, i was lucky no broken bones or internal bleeding but obviously muscle pain especially in lower back. My work said they watched it back on cctv and said the fall was not that bad and i was able to get back on horse and look comfortable for a further half hour and the horse had done nothing wrong. I have been off work for 2 weeks with lower back pain since. I don’t know if i will get any form of pay as yet but am worried they may sack me, not sure whether to make a claim for personal injury as i suffer from anxiety and conversion disorder and the way this has been handled by workplace has caused me a lot of anxiety.

    Reply
    • Ian Morris

      Your employers are not within their rights to question the advice or diagnosis of a medical professional and although you were able to continue with your duties in the immediate aftermath of your accident, that does not mean that you didn’t sustain injury. Indeed, evidence shows that in many cases soft tissue injuries may not be immediately noticed by an injured person and that it is common for such injury symptoms to develop in the hours and days following a trauma.

      In your case, it is hard to know whether or not a claim for compensation against the employer would succeed. Whilst the horse in question may have been ‘a bit frisky’, riding horses is an activity that presents an inherent risk to the rider and even the best of riders with the calmest of horses may sustain injury. By law you can’t be sacked for making a claim, so don’t worry about that.

      Reply
      • Theresa

        Thanks for responding it’s not so much of the fall but the handling of after falling I felt pressured to get back on horse even though I was in pain and shock

        Reply
        • Ian Morris

          Your employers certainly need to consider their handling of staff safety and the inherent risk of injury in such a workplace.

          Reply
  3. Megan

    An employee stepped over a dog in the public house I run. The dog got up when she stepped over it, causing her to pull a muscle and fall into the bar awkwardly.

    She has since been on a two week holiday to Greece (the day after it happened she seemed fine), but when she came back, she went to the Doctors and has been signed off for 6-8 weeks.

    Where do I stand if she was to claim against me? Am I to blame for her stepping over the dog? Or is the dogs owner at fault for letting the dog lie on the floor? She knew the dog was there.

    Reply
    • Ian Morris

      The fact that she appeared fine the day after the incident is a red herring as it is often the case with soft tissue injuries that the onset of symptoms can be delayed for a few days. As her GP has signed her off for 6-8 weeks, it indicates that the Doctor is sufficiently concerned about an injury being present.

      It is hard to see how she could proceed with a claim against you in this incident.

      Reply
  4. Jason Lancaster

    Hi. I slipped and fell backwards while carrying a worktop. My co worker was messing about. I wasn’t part of the horseplay. I slipped on dust and fell backwards the worktop landed on me. I have soft tissue damage to my shoulder also hurt my back and leg. I have had to return to work in pain because I don’t get full sick pay only ssp. Can I claim?

    Reply
    • Ian Morris

      It would appear that your slip was caused by a slippery loose floor surface – dust – and that the horseplay of your colleagues was unhelpful, but not the cause.

      Given your description of your accident, it would seem viable to make a claim for compensation. If you have not already done so, please do make sure that your accident details have been recorded within your employers accident book and that your injury has been noted by your GP or Hospital Doctor.

      We would be very happy to assist you with your claim for compensation.

      Reply
  5. Natasha

    I got assulted by a patient in work when on shift as a nurse. I sustained muscle and soft tissue damage to my forearm & two staved fingers. Not to mention i was very teary and upset after the incident. Would i be entitled to make a claim?

    Reply
    • Ian Morris

      You certainly have the right to make a claim for accident at work compensation. Your claim would succeed if we can establish that your employer was negligent in this incident. We have successfully pursued very similar claims in the past and the claims succeeded because we could show that the employer had failed to provide the appropriate level of support, guidance and training or that they had not properly risk assessed the patient and their needs/risks.

      Reply
  6. sandra parker

    Hi, I have a badly bruised upper leg after a tripping accident and sustained soft tissue bruising in my wrist and ankle. Is it worth making a claim?

    Reply
    • Ian Morris

      Soft tissue injuries are often assumed to be minor, but the evidence is that soft tissue injuries can often be worse than a bone fracture and are definitely serious enough to meet the injury severity criteria needed in a No Win No Fee claim for personal injury compensation.

      In your case, as you tripped over whether or not you would succeed with a claim will depend on whether or not you have a valid claim for tripping accident compensation and if the defect or hazard that caused you to trip breaches the statutory requirements faced by local government highways departments.

      We would be happy to pursue this further for you and invite you to make further contact with us so that we can help you make your claim for compensation.

      Reply
  7. Fran

    Hello.
    I was involved in a physical incident at work. Whilst protecting one resident from being attacked by one, the gentlemen grabbed me by the hair and was pulling it so hard I suffered tissue damage to my neck and shoulder. and grabbed me by the throat which have brushing and marks also punched me in the face. Do I have a claim? As it was a resident in a emi home.

    Reply
    • Ian Morris

      What a shocking incident and a distressing way to suffer such a nasty injury. There could be a claim here and it is certainly something worth looking further in to given your injury and distress.

      It is most certainly worth us taking some further details and then getting one of our specialist accident at work/Employer Liability specialist Solicitors to look in to this for you.

      With regards to the prospects of your claim, much will depend on whether your employer has adequately risk assessed the residents in question and the risks they pose to each other and the staff, whether the employer has ensured that all staff members are properly prepared for the risks they face, that adequate staff members are on duty and that the appropriate training and equipment is provided to staff.

      I hope this helps and we look forward to hearing from you.

      Reply
  8. Alison noel

    Hiya I was getting a pallet from a stack and it fell and I tried to save my self from it falling on me and I put my hand out to save it and it bent my wrist back , I went to a walk in centre and they x rayed it but there was no doctors there so they strapped it up and told me to rest it for 72 hours and ring back on the Monday morning for the results ( this was a Thursday) . Which I did but the doctor told me they were looking into it but I had to ring back on the Wednesday . So I got a sick note for work for the week. I rang back on Wednesday and they told me it wasn’t broke but I probably either pulled a tendon or sprained it . I stayed home and rested it but on Thursday I went to visit my son in Manchester as I was going anyway on the Friday as arranged months ago . By going by train there I was still resting my hand. . But now my employers are saying they will pay for the Friday ( the day after) but will not pay the week after only ssp. Is this right? Should I get paid for the week to?

    Reply
    • Ian Morris

      Alison

      Whether or not sick pay is due really depends on your contract of employment and your employers discretion on this issue.

      You may well be able to reclaim any lost income if you pursue a claim for compensation for the injury caused at work. It may well be that we could succeed with a claim for the ligament injury to your wrist on the basis of employer negligence. If you would like to discuss this with us, please call us on 01225430285.

      We’ll gladly discuss your situation and offer advice and support.

      Reply
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