Industrial Bursitis Compensation Claims

Mark Benson

Mark Benson

Money Savings Advice Industrial bursitis & compensation

Bursitis is an extremely painful infection/inflammation of the joints, which can have a debilitating impact on your everyday life. Specifically focused on the sacs of protective fluid around your joints, this is something which can occur as a consequence of repetitive working practices.

If you believe that you have developed industrial bursitis as a consequence of your employer’s negligence, then you should seek professional guidance.

Repetitive strain type injuries are extremely commonplace across the business arena. They are becoming a real issue for employers, many of whom have failed to provide adequate safety equipment for their employees in the past (and some even today).

As a consequence, we have seen an increase in industrial bursitis compensation claims in recent years.

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What Is Bursitis?

In simple terms, bursitis is an inflammation/infection of a bursa sac. These are sacs that are positioned all over your body cushioning joints and protecting bone, muscle, tendons and skin. This medical condition is likely to impact your shoulder, elbow, hip or knee and is often linked with repetitive actions in the workplace.

What Are the Symptoms of Bursitis?

You may experience a number of symptoms with industrial bursitis which tend to revolve around your joints. They may be:-

  • Stiff
  • Swollen
  • Red in colour

While some people might mistake the symptoms of bursitis for arthritis, there is a big difference between these two conditions.

What Are the More Common Types of Bursitis?

While bursitis tends to focus on joints, there are also other parts of the body that may be susceptible to the condition. Bursitis is regularly associated with:-

  • Elbow
  • Thigh
  • Hip
  • Knee
  • Achilles tendon
  • Heel
  • Buttocks
  • Shoulder

When you consider the most common types of bursitis, it is not difficult to see the relationship between repetitive activities in the workplace and this painful condition.

How Can My Employer Help Prevent Bursitis?

There are many ways in which you can at least mitigate the potential for bursitis to occur. This includes:-

  • The use of cushion/pads on hard surfaces
  • Taking regular breaks
  • Improving your posture
  • Maintaining a healthy body weight
  • Refrain from sitting/kneeling for a prolonged period of time

If you have bursitis, the above actions will help to reduce your pain and suffering. If you haven’t developed the condition, they will help to protect your joints.

Is There a Cure for Bursitis?

There is no universal cure for bursitis, although sometimes the condition will disappear on its own if you avoid placing stress on troubled joints. Many people will regularly place ice packs on the area in question which together with light exercise and prescribed use of painkillers can certainly reduce the impact the condition can have on your life.

It is important to seek medical assistance as soon as you suspect there are issues with your joints.

Is There a Timescale to Make an Industrial Bursitis Claim?

As with personal injury claims, when making an industrial bursitis claim as a consequence of developing the condition in your workplace, there is a three-year window of opportunity. Many people assume that the three-year period begins on the date/period that the injury began to develop, which is not the case.

Day one of the three-year timescale relates to an official diagnosis of the condition, at which point you will need to gather evidence to prove negligence.

Should My Employer Supply Safety Equipment?

Yes. As soon as your employer becomes aware of potential issues, whether some employees have developed bursitis or not, they should provide PPE/safety equipment. Failure to do so could be deemed negligent under the various duties of care that employers have towards their employees.

Should I Complain About the Substandard Safety Equipment Provided?

Yes. If your employer is providing substandard safety equipment, then this can give a false sense of security to some employees. It is therefore vital that you let your employer know that the safety equipment isn’t fit for purpose.

It may be that this was a faulty batch, and your employer was not aware of the issue. If so, they will certainly appreciate your assistance!

How Do I Prove My Employer Was Negligent?

Various acts of parliament such as the Health and Safety at Work etc. Act 1974 places a legal duty of care on all employers to maintain the physical and mental well-being of their employees.

This involves the provision of safety equipment, training, risk assessments and matching the experience of individual employees with their particular roles. If your employer has failed to fulfil their duty of care, this could be deemed negligent and open the way to compensation claims.

What Kind of Evidence Would I Need?

It is up to the claimant to prove that the defendant was negligent, which is done by providing evidence.

This evidence might include:-

  • Details of health and safety training (was it adequate?)
  • The provision/non-provision of safety equipment
  • Evidence of no/limited risk assessments
  • Medical diagnosis
  • Copy of medical records
  • Evidence of similar historic incidents
  • Witness statements
  • Timeline of events
  • Details of pain and suffering

The laws regarding an employer’s duty of care are very forthright and very strict - failure to uphold this duty of care is a serious offence.

What Level of Compensation Might I Be Entitled To?

When looking at industrial bursitis claims, this tends to be classed as soft tissue damage. For example, soft tissue damage to the shoulder, with scope for a full recovery, could see damages up to £1950.

However, if the injury was permanent, compensation could be into the tens of thousands of pounds. Significant (but temporary) damage to the pelvis/hip could result in compensation of between £3150 and £10,040, but for permanent damage, this would be between £21,200 and £31,220.

What Are General Damages?

General damages related to compensation for your pain and suffering as a consequence of industrial bursitis.

What Are Special Damages?

Special damages related to financial recompense of costs incurred, future treatment costs and other elements such as potential loss of earnings. While general damages are limited, there is no limit on the amount of special damages which may be awarded.

Do I Need a Claims Management Company?

In theory, there is nothing stopping you from pursuing your own compensation claim, assuming you understand the system, evidence required and the intricacies of the UK legal profession?

Research shows that claimants using claims management companies tend to receive significantly higher compensation than if they had pursued the case under their own steam.

Summary

Industrial bursitis claims are still relatively common, but there is no doubt that employers are now more aware of the risks and action has been taken. Many employers have made changes simply because they were held to account because of their negligence. Money talks!

How Can Money Savings Advice Help You With Making an Industrial illness Compensation Claim?

Here at Money Savings Advice, we have partnered with some of the UK’s leading Industrial illness Claims management companies. They have already helped thousands of people claim compensation for injuries & illnesses they have incurred, and they can do the same for you.

Choosing an independent claims management company means they won’t proceed with a claim unless they are sure it is in your best interests. They are also regulated by the FCA, which gives you an additional layer of protection.

If you would like to speak to one of these claim management companies who can help you make a compensation claim, then click on the below and answer the very simple questions.

Money Savings Advice Author Mark Benson

Mark Benson

Mark has been writing professionally for over ten years for the financial sector. Having started in the financial world as a stock-broker in central London and then moving to equities trader Mark is one of our senior financial writers who has a vast knowledge of multiple financial sectors.

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