Elbow Injury Compensation Claims
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The elbow is the critical hinge joint connecting the humerus bone in the upper arm to the radius and ulnar bones in the lower arm. The two major actions facilitated by the elbow are the rotation and bending of the arm. These movements are controlled primarily by the biceps in the upper arm, which allow the arm to bend, and the tricep muscles, also in the upper arm, which allow the arm the straighten again. The elbow is also stabilised by ligaments which surround the joint. Given this complex structure, and the importance of movement in the arms for for day to day and work functions, injuries to the elbow can be difficult to treat and practically disabling to injured persons in severe cases.
Types Of Elbow Injury
Elbow injuries fall into two main categories, traumatic injuries normally sustained during an accident, and repetitive strain conditions, caused by the over-use of the elbow joint, which develop over a longer period of time. Breaks, fractures and dislocations are the most common form of elbow injury in the workplace. Immediate symptoms following an elbow injury may include sharp pain, numbness and a loss of strength and range of motion in the joint. In the case of displaced fractures or severe dislocations there is the threat of further damage to blood vessels and nerves that surround the elbow joint. This can cause complications, including an extended recovery period and the potential for osteoarthritis to develop in the future. The main long-term condition which can develop in the elbow is a form of tendonitis known as Tennis Elbow (lateral epicondylitis). In this case the tendons become inflamed around the elbow, restricting movement in the joint and causing loss of strength and grip.
Find Out More About: Claiming Compensation For A Broken Elbow
Compensation For An Elbow Injury From A Supermarket Or Public Premises
Commercials premises such as shops, supermarkets, restaurants and hotels owe a duty of care to their visitors under the Occupiers' Liability Act 1957. They must take all reasonable measures to reduce the risk of accidents on their premises and injuries to their visitors to the lowest possible level. Where they negligently fail in this respect, they may be liable to pay compensation to an injured person. Typical accidents include slips, trips and falls, on wet floors and uneven surfaces for example. In supermarkets, dairy products may be spilt and not cleared up sufficiently quickly, or product packaging materials may be discarded in aisles creating a tripping hazard. Store car parks and entrances can become particularly dangerous for visitors in freezing conditions. Commercial premises must store adequate supplies of salt or grit with this in mind, and must use it promptly, and in sufficient quantities when conditions become treacherous. Broken bones are common when a person falls heavily, or at an awkward angle. Where the blame for the injury lies with the occupier, owner, or a member of their staff, compensation may be claimed under the terms of their compulsory public liability insurance policy. Claims also have the added benefit of driving up standards, and preventing similar accidents occurring in the future.
Find Out More About: Supermarket Accidents
Elbow Injuries From Work
Traumatic injuries to the elbow in the workplace, such as fractures and dislocations most often result from a slip, trip or fall. Normally a person will seek to break a fall with their arms, causing heavy force to be applied to the elbow region. A person may also fall at an awkward angle, causing the elbow joint to forcibly twist or bend. Elbow injuries may also result from the manual handling of heavy loads, which can again cause excessive force to be applied to the elbow joint. Repetitive strain conditions such as Tennis Elbow commonly affect production line workers, and those whose occupations involve small repeated movement in the elbow, such as cleaners or gardeners using rotating equipment for example. Long term damage may also be caused by the use of heavy vibrating equipment, especially where work is undertaken over a period of years, or where workers fail to take adequate breaks. Employers must ensure the implementation of a safe system of work, and provide training and supervision where potentially dangerous working practices are necessary. They must also ensure that the workplace is kept free from obstacles and obstructions which may cause workers to slip, trip or fall. Failure to observe these duties may constitute third party negligence on the part of the employer, and leave them liable to a compensation claim where injuries are sustained by workers in the course of their jobs.
Find Out More About: Tennis Elbow
How Much Can I Claim For An Elbow Injury?
The most serious type of elbow injury is classified as severely disabling, and will result in compensation awards between £25,000 and £35,000. Less severe injuries will cause impairment of function for a period, but not involve major surgery or significant disability. Elbow injury compensation in this category will range between £10,000 and £20,500. The majority of elbow injuries are classed as moderate of minor. This includes simple fractures, tennis elbow syndrome and lacerations. Such injuries cause no permanent damage or impairment of function, and the maximum amount of compensation awarded in these cases will be £8,000.
Bartletts Solicitors are specialists in the field of elbow injury compensation claims. We work on a no win no fee basis.
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