If an overuse injury has set you back, we'll help you move forward
Overuse injuries refer to a broad range of conditions that result from repetitive strain or repeated action. Treatments involve rest, physical therapy, and surgery in more serious cases.
If your life, or the life of a loved one, has been affected by an overuse injury, we can help. If your illness were caused by your employer or a co-worker, you may be entitled to claim compensation.
You can make a No Win, No Fee work illness compensation claim with the help and support of a work injury solicitor.
Work-related injuries are common - you are not alone
Overuse injuries are caused by repetitive actions over a prolonged period of time. This repetitive action causes damage to tendons, ligaments, muscles and soft tissue.
Overuse injuries, including upper limb disorders like carpal tunnel syndrome (CTS) tendonitis, osteoarthritis and hand-arm vibration syndrome (HAVS), are a serious risk to the long-term health of UK workers (hse.gov.uk).
Anyone who has experienced an overuse injury as a result of unhealthy work practices may be able to make a work-related illness claim against their employer.
Some of the most common overuse injuries include:
How much compensation can I claim for an overuse injury?
Compensation for an overuse injury will vary depending on:
- how severe your injury is,
- how your injury impacts both your daily life and your ability to work,
- any financial liabilities or costs you?ve incurred from your injury.
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General damages are awarded for pain, suffering and loss of amenity (PSLA). Awards for general damages are set by the Judicial College (judiciary.uk) and published in their guidelines for personal injury awards.
Special damages is compensation for quantifiable financial losses you've incurred as a result of your overuse injury. Compensation can include lost earnings, and any additional expenses directly related to your injury.
These damages will also cover any medical or treatment bills, such as X-rays, CT and MRI scans, and physiotherapy.
Read more:
A complete list of recoverable losses in a personal injury claim
How is compensation calculated if I have multiple injuries?
Average overuse injury general damages compensation table
The following overuse injury payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, 17th Edition by the Judicial College (oup.com).
These tables are used by solicitors or by the courts as a starting point when calculating your compensation.
Please note: these average figures represent general damages only, and do not include any element of special damages (e.g. lost wages).
Complex Regional Pain Syndrome
| Severity | Example | Amount |
|---|---|---|
| Moderate | Moderate CRPS with significant, long-term symptoms where recovery is expected in the future | £31,090 to £58,250 |
| Severe | Severe CRPS with a psychological impact and poor prospects for recovery | £58,250 to £93,200 |
Hand Arm Vibration Syndrome
| Severity | Example | Amount |
|---|---|---|
| Minor (relatively) | Occasional symptoms that have a modest impact on your daily life and work | £3,320 to £9,590 |
| Moderate | HAVS attacks occur mostly in cold weather, and/or symptoms that have required your job role to change | £9,590 to £18,600 |
| Serious | HAVS attacks occur throughout the year, and have a significant effect on your life and work | £18,600 to £35,100 |
| Severe | Persisting symptoms affecting both arms, requiring you to change jobs | £35,100 to £42,640 |
Hernia injury
| Severity | Example | Amount |
|---|---|---|
| Lesser | Uncomplicated indirect inguinal hernia, with no other damage | £3,760 to £8,030 |
| Moderate | Direct inguinal hernia, with some risk of recurrence after repair | £7,780 to £10,110 |
| Serious | After repair, you still experience ongoing pain and your daily life and ability to work is affected | £16,530 to £26,810 |
Repetitive strain injury (RSI)
| Severity | Example | Amount |
|---|---|---|
| Minor (relatively) | RSI with complete recovery within a few months | £2,450 to £3,920 |
| Moderate | RSI symptoms resolving in the course of up to three years | £9,590 to £11,930 |
| Serious | Continuing, but fluctuating and unilateral RSI symptoms | £16,530 to £18,130 |
| Severe | RSI with continuing disability to both sides, requiring surgery and affecting your ability to work | £24,310 to £25,650 |
Vibration White Finger (VWF)
| Severity | Example | Amount |
|---|---|---|
| Lesser | Occasional symptoms in some fingers, with a moderate impact on your life and work | £3,320 to £9,590 |
| Moderate | VWF attacks in cold weather, and symptoms that have required changes to your job | £9,590 to £18,600 |
| Serious | VWF attacks throughout the year, with a significant impact on your life and ability to work | £18,600 to £35,100 |
| Severe | Ongoing symptoms affecting both hands, and which significantly affect your daily life and ability to work | £35,100 to £42,640 |
Work-related Upper Limb Disorder (WRULD)
| Severity | Example | Amount |
|---|---|---|
| Minor (relatively) | Complete recovery within a few months | £2,450 to £3,920 |
| Moderate | Symptoms resolving in the course of up to three years | £9,590 to £11,930 |
| Serious | Continuing, but fluctuating symptoms affecting one arm | £16,530 to £18,130 |
| Severe | Continuing disability affecting both arms, affecting your ability to work and requiring surgery | £24,310 to £25,650 |
Do I have an overuse injury claim?
If you've been injured in an accident that was caused another person or organisation in the last 3 years, you will be entitled to make a claim for financial compensation.
Find out online if you can claim with our injury claim calculator. Alternatively, you can speak to a claims advisor on 0800 376 1001 and find out if you have a claim in minutes.
Can I claim if I feel I was partly responsible for my accident?
Determining who is to blame for an accident is not always black and white.
In our recent 2024 Work Injury Claimant Survey, 26.02% of injured workers believed they may have been partly (or wholly) responsible for their injuries.
Even if you think you might be partly liable, you could still be eligible to make a claim. With workplace injuries, it's possible to claim compensation from your employer, regardless of whether your own actions or those of a colleague contributed to your injury.
Read more:
Can I claim if I feel I was partly responsible for my accident?
How long do I have to start an overuse injury claim?
In most cases, you have 3 years from the date of your accident or injury.
You may still be able to claim compensation if you were injured by another's negligence and you only discovered it later. Generally, the clock starts ticking from the date you were diagnosed or became aware of your injury.
Common work-related overuse injuries
Repetitive Strain Injury (RSI)
Repetitive Strain Injury (RSI) is a chronic musculoskeletal disorder that causes pain, cramping and numbness in muscles and tendons of the upper body. Around one in 50 employees have reported experiencing RSI. Most sufferers are office workers who spend long periods of time typing on computer keyboards.
See also:
Repetitive Strain Injury (RSI) injury claims
Carpal Tunnel Syndrome (CTS)
Carpal Tunnel Syndrome (CTS) is caused by regular, repetitive strain being placed on the wrists, hands or fingers. This places pressure in the median nerve - the nerve in the wrist which gives the hand feeling and facilitates movement. Symptoms of carpal tunnel syndrome include tingling, numbness and reduced strength in the hand and fingers.
See also:
Carpal Tunnel Syndrome (CTS) compensation claims
Epicondylitis
Epicondylitis is more commonly known as tennis elbow, this condition affects the tendons on the outer side of the elbow. It is caused by movements which repeatedly stretch the tendons and is common among those who play racquet sports. Symptoms include pain in the elbow and arm.
Tendinosis
Tendinosis is the inflammation or swelling of a tendon. There are multiple types of tendinitis and it can occur in varied parts including the hips and torso. Tendinosis is chronic tendinitis. This condition usually results from an injury in the connective tissue surrounding the tendon.
See also:
Complex Regional Pain Syndrome (CRPS)
Complex Regional Pain Syndrome (CRPS) is a chronic pain condition in the arm or leg. This condition often develops after suffering some other injury. The pain from CPRS is much more severe than the original injury would cause.
See also:
Complex Regional Pain Syndrome (CRPS) compensation claims
Herniated discs
Discs are soft, spongy tissues that cushion the bones of the spine. The discs can become damaged as a result of overuse or stress. This condition is also referred to as slipped discs or ruptured discs.
Bursitis
The bursa provide cushioning between the tendons, bones and muscles. When they become inflamed this is known as Bursitis.
Ganglion
Ganglion is a swelling caused by a collection of fluid in the top of the tendons in hands, feet and wrists.
Diffuse RSI
A diagnosis of Diffuse RSI is made when pain is felt but there is no determined cause.
If you decide to make an overuse injury claim, your work illness solicitor will take you through every step of the claims process. Your solicitor will be with you until you win your claim and get the compensation you deserve.
Employers' duty of care to prevent overuse injuries
If you have suffered an overuse injury at work you may be able to make a compensation claim against your employer.
Your employer has a duty of care to ensure the health and safety of employees. If they have failed to implement and maintain adequate health and safety measures, and an employee is injured as a result, the employer's inaction is likely to amount to negligence.
Specialist equipment and training
Certain overuse injuries can be avoided with correct office equipment such as ergonomic computer keyboards and mice to prevent wrist and hand strain, as well as supportive office chairs to prevent back injuries.
Other overuse injuries can be avoided in warehouses or construction sites with suitable operating equipment to assist with lifting and moving heavy objects. Health and safety training can also train employees on the correct and safe way to lift and move objects in order to avoid injury.
If your employer fails to provide such equipment or training they may be found responsible for your injury, and may be liable to pay compensation, however this is largely dependent on the circumstances of the case.
A specialist solicitor will be able to advise regarding your potential claim's likelihood of success.
Overuse injury claims: employer liability explained
Overuse claims typically involve workplace negligence. Click the icon below to explore the steps in making a claim.
Can I make a no win, no fee overuse injury claim?
Yes. With no win, no fee, you can claim overuse injury compensation without financial risk. If your claim isn't successful, you pay nothing. If you win, you only pay a pre-agreed percentage of your compensation.
Get expert advice now
Interested in talking to a workplace illness specialist about your claim?
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Upper limb disorders - Musculoskeletal disorders – HSE (reviewed: 02/08/2024)
Author:
Gaynor Haliday, Legal researcher
About the author
Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.