A guide to making a No Win No Fee bursitis claim
Bursitis and cellulitis are responsible for around 1 in every 200 patient visits to a GP. Often the condition is caused or aggravated by repetitive work practices that put pressure on joints.
Leg injury claims frequently relate to bursitis and similar conditions.
The condition has been known colloquially by many other names, including beat knee, beat elbow, bricklayer's shoulder, miner's elbow, tennis elbow, housemaid's knee, clergyman's knee and policeman's heel.
The names given to Bursitis indicates the sheer number of tasks and occupations that may cause or exacerbate the condition.
What is Bursitis?
A bursa is a fluid-filled sac found across the human body, but especially in joints such as the knees and elbows. Their function is to cushion and lubricate the area around muscles and stop them rubbing against the bones.
Putting repeated pressure on the bursae (the plural of bursa) may cause them to chafe or swell - a condition known as Bursitis (Beat Knee or Beat Elbow). Cellulitis, a related condition, is caused when bacteria penetrates the bursae following infection or trauma.
Inflammation of the bursae causes tremendous pain which makes carrying out everyday activities such as kneeling or crawling virtually impossible.
Often, a person suffering with Bursitis or Cellulitis will not be able to able to undertake their job in the way they normally would, or at all.
Which occupations are susceptible to Bursitis and Cellulitis?
Bursitis occurs when the joints are overused, rubbed or injured. The condition is common among employees who frequently kneel as part of their job, such as:
- Carpet Fitters
- Utility workers.
How do I know if I have Bursitis?
Seeking medical attention at an early stage can slow the development of the condition, and can provide valuable medical evidence if you decide to seek compensation from your employer at a later date.
The joint will swell and become very painful. Sometimes, the inflammation is so severe that the affected joint will not bend or even move.
Diagnosis is via a physical examination conducted by a general practitioner. The doctor may ask about the type of activity that was undertaken in the weeks or months leading up to the inflammation. He or she may also take a sample of the fluid from the affected bursa sac. The sample is analysed for the crystals and bacteria associated with Cellulitis.
The NHS Bursitis resource has specific information on the common symptoms of Bursitis and recommendations for the proper care of the affected area.
Is an employer liable for their employee's Bursitis?
Employers have a duty under the Health and Safety at Work Act 1974 to provide a safe working environment for their employees. As part of that duty, they must assess each job for possible health and safety hazards, including the risk that a worker could possibly develop 'beat knee' if they regularly kneel or crawl during work tasks.
Workers at risk of developing Bursitis or Cellulitis should be protected in a way that is reasonable having regard to the nature of the job. Safety measures include implementing a different work process to reduce the pressure on the worker's joints, or issuing protective clothing or equipment.
If an employer does not take reasonable steps to protect their employees in this way, and Bursitis develops or is aggravated as a result, then the employee may be able to make a claim for compensation.
Time limits for making a Bursitis Compensation Claim
A Bursitis Compensation Claim must be brought within three years of:
- the initial diagnosis of the condition; or
- the date that a link is made between the condition and the type of work that has been done.
In many cases, Claimants can make a No Win, No Fee Claim even if their employer has gone out of business.
100% No Win, No Fee bursitis compensation claim - Pay nothing if you lose your claim
Typically a no win no fee agreement (technically called a CFA or Conditional Fee Agreement) is entered into between a claimant and a qualified lawyer.
The Conditional Fee Agreement is the terms under which the solicitor is instructed by the claimant.
It sets out what the solicitor will do as well as how they is remunerated if your claim is successful.
If you use a Quittance Personal Injury solicitor for your bursitis claim there are no additional costs in the terms and conditions , no up-front fees and the comfort that you will never be out of pocket.
What to do next
Would you like more information online?
A Compensation Claim Report is a free, no-obligation report that considers:
- how much compensation you could receive
- how soon a settlement could be reached
- how likely your claim is to succeed
Talk to an expert about your injury claim
Quittance's solicitors are available to discuss your options in more detail, helping you to decide whether to make a claim.