Tendon Injury Compensation Claims
If you have been affected by a tendon injury we can help.
The purpose of this guide is to help anyone who has suffered a tendon injury 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
tendon injury compensation:
The latest 2019 data relating to tendon injuries at work is published by the Health and Safety Executive (HSE). The figures show that there were 469,000 recorded cases of tendon injuries and other musculoskeletal disorders (MSDs) in 2018.
A similar number of tendon injuries are seen each year by A&E departments.
Most work-related tendon injuries, such as Repetitive Strain Injury (RSI), affect workers who carry out repetitive movements such as data entry. Office workers, assembly line operators, supermarket checkout operatives and manual labourers are particularly at risk due to the constrained and repetitive nature of their work.
Tendon injuries, such as Achilles tendon ruptures, are also common with slips and trips in public places.
If you have sustained or developed a tendon injury and someone else was at fault, you may be able to claim financial compensation.
See also: Making a work-related injury claim
Common work-related tendon injury claims
A 'tendon injury' is a broad term that includes a number of painful conditions occurring in and around the tendons in response to excessive force, exertion or overuse.
Tendon injuries commonly occur where:
- The same task is carried out continuously over a period of time, leading to conditions such as repetitive strain injury (RSI) and tendonitis.
- The employee is required to adopt a constrained posture such as crouching or kneeling, leading to a gradual deterioration of the tendon (tendinopathy) or bursitis.
- The worker falls from height, slips or trips, or has a manual handling accident in the workplace which can cause a sudden tear in the tendon (tendon rupture).
The cause of your tendon injury is significant. Your solicitor will need to demonstrate that your injury was caused by unsafe work practices and that your employer failed to take the proper precautions to keep you safe.
This condition is a disease of the tendon that is distinct from RSI, although the symptoms can be similar. Tendinopathy presents as tenderness and pain when the region around the tendon is touched or the tendon is exercised.
Terms used to describe the categories of tendon pain are:
- Tendinitis - meaning inflammation with an acute injury
- Tendinosis - meaning no inflammation but a chronic tendon injury is evident and the result of cellular degeneration
- Tendinopathy - meaning chronic tendon injuries are apparent, but the medical cause of the pain is not necessarily clear
If it can be proved that the harm was the result of an employer's negligence, it may be possible to make a claim for each of the above categories of tendon injury.
The flexor tendons connect the forearm muscles to the finger and thumb bones. Flexor Tendonitis can affect workers who sustained finger injury either through overuse, such as by using a keyboard all day or through a sudden impact.
The Flexor Hallucis Longus muscle connects the fibula leg bone to the big toe via the flexor hallucis longus tendon. Injury can result from wear and tear of this tendon through overuse. Ballet dancers and athletes often experience injury as a result of damage to this tendon, but a jarring impact to the toe can also result in tendonitis.
Most tendon injuries heal without medical intervention, although they may take several weeks or months to do so.
During this time, movement in the affected area may become difficult or even impossible. More persistent injuries may require treatments such as corticosteroid injections or physiotherapy. Surgery may be necessary to repair a ruptured tendon or to treat persistent injuries that have not responded to non-surgical intervention.
As an initial step, the injury lawyer will arrange a medical examination to establish the extent of the tendon injury and the long-term effect this might have on the claimant's life. The medical report is used as a basis for negotiating the settlement award.
What is my employer's 'duty of care'?
Employers have a legal duty to protect their employees against the risk of accident and injury in the workplace. General provisions for this are made in a number of health and safety laws, including:
- The Health and Safety at Work etc Act 1974, Workplace (Health, Safety and Welfare) Regulations 1992, Management of Health and Safety at Work Regulations 1999, Manual Handling Operations Regulations 1992. These Regulations place a legal duty on employers to provide safe working conditions, safe equipment and appropriate safety training for their employees.
- Health and Safety (Display Screen Equipment) Regulations 1992. This piece of legislation provides guidelines for setting up an ergonomic workstation when working with display screen equipment.
An employer who fails to identify the risks or implement appropriate safety measures as prescribed by the Regulations would be deemed negligent and therefore liable.
What if a doctor misdiagnosed my tendon injury?
Almost all tendon injuries cause tenderness, inflammation and pain. As such, it is common for doctors to mistake a serious tendon injury that requires emergency surgery for a minor injury that does not. Delays in treatment may drastically reduce the patient's chances of making a successful recovery.
Quittance's expert medical negligence solicitors can help to build a case against the medical practitioner where:
- The injury is not diagnosed straight away
- The wrong diagnosis is given
- The incorrect course of treatment is recommended.
This is known as medical misdiagnosis. In each case, it must also be shown that the error caused unnecessary pain and suffering or led to a worse outcome for the claimant. Read more about making a clinical or medical negligence claim.
Do I have a tendon injury claim?
You should be eligible to make a tendon injury claim if your injury happened:
- in the last three years, and;
- someone else was at fault, and;
- that person owed you a duty of care.
Injury claim eligibility - 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 tendon injury claim on their own behalf.
The amount of money you could claim for your tendon injury will depend on:
- the extent of your injury, and
- any financial losses or costs you have incurred.
At the start of your claim, your solicitor will consider the many ways your tendon injury has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.
This calculation will factor in 'general damages' and 'special damages'.
General damages are awarded for pain, suffering and loss of amenity (PSLA).
Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.
Special damages are for financial losses and expenses you have incurred as a result of the accident.
What can I claim for after a tendon injury? (see list)
Examples of special damages (losses you can claim for) include:
- Lost earnings (including future earnings)
- Medical treatment costs
- Travel costs
- Costs of care
- Costs of adapting your home or car
Tendon injury compensation amounts
The following tendon injury payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, Fifteenth Edition by the Judicial College.These tables are used by solicitors or by the courts as a starting point when calculating your compensation.
|Achilles tendon||Minor||Minor injury with full recovery||£5,800 to £10,040|
|Achilles tendon||Moderate||Partial rupture or tendon damage||£10,040 to £16,800|
|Achilles tendon||Serious||Severed tendon fully repaired with surgery||£19,920 to £23,980|
|Achilles tendon||Severe||Severed tendon with permanent symptoms||Around £30,630|
|Finger injury||Serious||Partial loss of index finger||£9,700 to £14,930|
|Foot injury||Serious||Serious, permanent injury||£19,920 to £31,250|
|Hand injury||Serious||Serious hand injury||£11,520 to £23,110|
How is compensation calculated if I have multiple injuries?
If you have sustained multiple injuries, the compensation amounts are not simply added together.
The upper bracket of the most serious injury may be considered as a starting point, with a reduced amount applied for the other less severe injuries.
General damages for a serious ankle injury can be £35,000
For a more minor leg injury, in isolation, you would typically receive £7,500.
However, if you have a serious ankle injury and a more minor leg injury, you would typically receive £35,000 + a reduced percentage of £7,500.
Special damages, such as loss of earnings are not usually increased if you have multiple injuries. Read more about multiple injury claims.
What is the average injury compensation for a tendon injury claim?
The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.
However, the money you would receive following a tendon injury will depend entirely on your specific circumstances.
Your tendon injury compensation will be calculated based on the unique impact your injuries have had on your life, your ability to work, and the actual financial losses you have incurred as a result of your injuries.
See the injury table above for some examples.
Should I set up a personal injury trust?
If you are receiving means-tested benefits and are awarded compensation following a tendon injury injury, your benefits could be affected. In order to ring fence your compensation and protecting your benefits, you may be able to set up a "Personal Injury Trust" or "PI Trust". Read more: Should I set up a personal injury trust?
Can I get an interim payment?
Interim payments are effectively an advance on a probable compensation award. An interim payment may be awarded if the claimant is in immediate financial hardship.
Tendon injury compensation
Calculating how much compensation you can claim for a tendon injury can be complicated.
Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.
Find out what your tendon injury claim could be worth now:
How long does a tendon injury claim take?
How long it can take to win compensation for a tendon injury can vary considerably.
For instance, a simple liability accepted injury claim could be completed in a matter of weeks. If the defendant denies liability, a claim can take substantially longer. Normally an injury claim takes 4 to 9 months. For more information, see: How long will my claim take?
Caring and sensitive support
Your solicitor will handle your tendon injury claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:
- Financial support: interim payments while you are unable to work.
- Advice: on personal injury trusts, tax and welfare benefits.
- Coordination: with rehabilitation providers and therapists.
- Access: to treatment and therapies not always available on the NHS.
How did your injury occur?
The claims process that your solicitor follows will vary, depending on how the injury occurred:
How does no win, no fee work?
'No win, no fee' means that if you do not win your tendon injury claim, you will not have to pay any legal fees at all. Known as a 'Conditional Fee Agreement' or 'CFA', no win, no fee is a contract entered into between you and your solicitor.
No win, no fee promise
Our no win, no fee guarantee means there is zero financial risk in making a tendon 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 tendon 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 tendon injury claim?
If your tendon injury claim is not successful then you will not have to pay any fees. Your solicitor may take out insurance to ensure there will be nothing to pay.
How can Quittance help?
Your solicitor will fight for the best possible compensation settlement for you, 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 612 7456 or arrange a callback:
if you can claim
to start a claim
Tendon 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.
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.
How long do I have to make a tendon injury claim?
In general, you have a time limit of up to 3 years from the date of the tendon injury to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your tendon injury claim becomes 'statute barred'.
Can I claim for a tendon 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 612 7456 to find out if you are still able to claim tendon injury compensation.
In reality, there are a number of factors that can affect whether a tendon injury claim will be taken on by a solicitor.
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.
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.
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.
About the author
Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.
Read more about this Quittance Legal Expert