Bursitis Injury Compensation Claims

If you have been affected by bursitis we can help.

The purpose of this guide is to help anyone who has suffered bursitis and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.

In our guide to claiming bursitis injury compensation:

Introduction

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 from 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 penetrate 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 from 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:

  • Cleaners
  • Bricklayers
  • Mechanics
  • Labourers
  • Miners
  • 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.

Do I have a bursitis injury claim?

As a basic rule, you will be eligible to make a bursitis injury claim if you sustained an injury:

  • within the last three years, and;
  • another person was to blame, and;
  • that person owed you a duty of care.
Check my claim

Do I have a claim? - Common questions

What if a child was injured?

The 3 year rule does not apply to minors.

A claim can be pursued for anyone under the age of 18 by a parent, guardian or litigation friend. The injured child has up to the age of 21 to start a bursitis injury claim on their own behalf.

Read more about claiming injury compensation on behalf of a child.

What if I want to make a multi-party or group claim?

A multi-party claim (sometimes referred to as a 'group claim' or a 'class action') brought by a group of people who have sustained the same or similar injuries due to the negligence of the same defendant. How you start a multi-party claim will depend on the circumstances and we recommend you speak to a solicitor for more information.

What if I can't prove who caused the bursitis injury?

Your solicitor will work on your behalf to assess your bursitis injury claim and gather evidence. They will identify the party responsible for your accident.

How did your injury occur?

The claims process that your solicitor follows will vary, depending on how the injury occurred:

No win, no fee, no risk

No win, no fee takes all of the risk out of making a bursitis injury claim. If you don't win any compensation, you won't have to pay your solicitor any legal fees.

Our no win, no fee guarantee

Our no win, no fee guarantee means there is absolutely no financial risk in making a bursitis injury claim, even if you don't win your claim. Read more about making a No win, no fee claim

What do I pay if I win my bursitis injury claim?

Your injury solicitor will receive a success fee which is deducted from your compensation, only after your compensation is awarded. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.

What do I pay if I do not win my bursitis injury claim?

If your bursitis injury claim is not successful then you won't have to pay your solicitor any fees. Your solicitor may take out insurance to ensure there will be nothing to pay.

Why do most solicitors charge 25%?

25% success fees are charged by most law firms as this is the maximum fee that the Ministry of Justice allows them to charge. bursitis injury claims can take a solicitor hundreds of hours work and they receive nothing if the case is lost. The success fee will be subject to your individual circumstances and the actual fee may vary. Call us for more information.

How can Quittance help?

Your solicitor will fight for the best possible compensation settlement for you, and the highly-experienced panel of solicitors have an excellent track record of winning injury claims.

If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.

Call us FREE 0800 376 1001 or arrange a callback:

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Bursitis injury FAQ's

Can I claim for someone else?

Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.

If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.

The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.

Read more about claiming on behalf of another person.

Can I claim if I was partly responsible for an accident?

You may still be able to claim compensation even if you contributed to your accident or to your injuries.

However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.

Read more about claiming compensation if you were partly responsible for an accident.

How long do I have to make a bursitis injury claim?

In general, you have a time limit of up to 3 years from the date of the bursitis injury to make an injury claim.

The last date you can make a claim is known as the claim limitation date - after which your bursitis injury claim becomes 'statute barred'.

Can I claim for a bursitis injury after 3 years?

Possibly. The general rule for adults is that a claim must be started within three years.

However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.

If you were injured as a child, you do have up until your 21st birthday to make a claim.

There other circumstances that can also impact the limitation date. Call us now on 0800 376 1001 to find out if you are still able to claim bursitis injury compensation.

In reality, there are a number of factors that can affect whether a bursitis injury claim will be taken on by a solicitor.

Calculate your claim limitation date

Will I have to go to court?

Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.

Only a very small percentage (approx. 5%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.

Cases that do ultimately go to court are held in front of a judge, not a jury.

Read more: Will my injury claim go to court and what if it does?

Will I have to go to a solicitor's office?

No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.

Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.

Read more: Will I have to visit a solicitor's office?

Can I get an early compensation payment?

If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.

An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.

Read more about interim compensation payments.

Howard Willis, Personal injury solicitor

Author:
Howard Willis, Personal injury solicitor