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Unmarked wet floor at work? Poor manual handling training? Whatever the circumstances of the workplace accident that led to your tendon injury, you may be eligible to claim compensation if someone else was at fault. Our guide will break down the process of making a tendon injury at work claim, telling you everything you need to know about what is involved in seeking compensation.
Below, you will find essential information on who is eligible to claim, the legislation that employers must comply with, and what compensation can cover. We also offer some examples showing how a workplace accident can lead to a valid compensation claim and what evidence might be needed to support one. Finally, we explore how an expert solicitor from our panel could help you on a No Win No Fee basis.
You can start your compensation journey at any point while you read this guide by getting in touch using the following details:
- Ring us to discuss your claim on 0333 000 0729
- Contact us and start a claim here.
- Ask advisors a question through the chat window below.
Frequently Asked Questions
- Can I Make A Tendon Injury At Work Claim?
- How Much Compensation Can I Get For A Workplace Tendon Injury?
- Will My Employer Have To Pay For My Compensation?
- What Accidents At Work Could Lead To A Tendon Injury?
- How To Make A Tendon Injury At Work Claim
- What Legal Helpline Can Do For You
- Learn More
Can I Make A Tendon Injury At Work Claim?
You may have grounds to start a personal injury claim for tendon damage at work if you can prove the following:
- Your employer had a duty of care at the time of your accident.
- The employer breached this duty.
- As a direct result, you suffered physical or psychological injuries (or both).
In the UK, all employers have a duty of care to their staff as stated in the Health and Safety at Work etc. Act 1974 (HASAWA). They are obliged to take reasonable steps to ensure the safety and wellbeing of their workforce. With that in mind, an employer could breach their duty of care by failing to conduct regular risk assessments or not providing workers with appropriate training.
Could I Be Sacked For Claiming Against My Employer?
You cannot be sacked for starting a compensation claim against your employer. However, you could face dismissal if you were responsible for your accident.
Would you like to find out whether you could make a tendon injury at work compensation claim? Speak to our team today for advice tailored to your specific circumstances.
How Much Compensation Can I Get For A Workplace Tendon Injury?
In a successful tendon injury at work claim, the amount of compensation you might receive is likely to depend on multiple factors. Claims are made up of two categories of compensation, called general (your physical and psychological injuries) and special damages (any related financial losses).
Those involved in calculating general damages use medical evidence and a publication called the Judicial College Guidelines (JCG). It contains a list of guideline brackets for various injuries, and we’ve used some to create the following table. Please be advised that the amounts are only ever suggestive, as all claims are assessed on their specific circumstances. Furthermore, our first entry is not taken from the publication:
Compensation Guidelines
| Injury | Severity | Compensation | Definition |
|---|---|---|---|
| More Than One Form of Severe Injury With Special Damages | Severe | Up to £500,000+ | Cases where the person experiences multiple severe injuries and special damages, such as loss of earnings and medical costs. |
| Neck | Severe (i) | In area of £181,020 | Injuries associated with paraplegia that is incomplete and cases that result in permanent spastic quadriparesis. |
| Severe Leg Injuries | Severe (i) The Most Serious Injuries Short of Amputation | £117,460 to £165,860 | This bracket would include instances of gross shortening caused by extensive degloving or unhealed fractures resulting in bone grafting. |
| Leg Amputations | Below-Knee Amputation of One Leg | £119,570 to £162,290 | Considers factors like pain associated with the stump, whether there are phantom pains, or if prosthetics are effective. There may also be psychological problems and a heightened risk of of osteoarthritis. |
| Elbow | A Severely Disabling Injury | £47,810 to £66,920 | This type of injury will be severely disabling for the claimant. |
| Achilles Tendon | Most Serious | In the Area of £46,900 | Where the tendon is severed along with the peroneus longus muscle, causing cramp and restricted movement. |
| Serious | £30,500 up to £36,720 | Cases where a completely divided tendon has been repaired but residual weakness remains alongside a limp and limited ankle movement. | |
| Moderate | £15,370 up to £25,710 | Examples include a partial rupture to the tendon for which the award level can be determined by factors like extent of recovery, persistent pain, and permanent scarring. | |
| Shoulder | Severe | £23,430 to £58,610 | This bracket often features injuries to the neck and brachial plexus damage leading to significant disability. |
| Back | Moderate (ii) | £15,260 up to £33,880 | Cases can include ligament and muscle issues that cause backache as well as soft tissue injuries that can accelerate or worsen a pre-existing issue with the back. |
What Factors Determine Compensation Amounts?
There are several factors that might determine how much compensation you receive for general damages, such as:
- The extent of your tendon injury.
- How long it takes you to recover.
- Your future prognosis.
- The overall impact on the quality of your life (such as impaired mobility or no longer being able to play football).
Can I Claim Back Lost Income As A Result Of A Tendon Injury?
Yes, you could recover lost income under a second head of loss called special damages. However, special damages can compensate you for many other financial losses if you have evidence for the following:
- Receipts and invoices for support care or mobility aids, such as walkers and wheelchairs.
- Tickets or receipts showing any expenses incurred while attending medical appointments.
- Bank statements showing costs for medical treatments, counselling, physiotherapy, and therapy.
- Proof of alterations that you need at home, such as grab bars and non-slip flooring.
Could I Apply For Interim Payments?
Under certain circumstances, you may be able to receive a portion of your compensation before a claim is settled as an interim payment. Such payments usually apply only when it looks certain that the claim will be decided in your favour or the defendant has accepted liability.
Each interim payment is assessed by the courts and must be proportionate and reasonable, such as to fund urgent medical treatment or specialist rehabilitation. For further information about compensation, feel free to get in touch with one of our experienced, friendly advisors.
Will My Employer Have To Pay For My Compensation?
Your employer’s insurance company will be responsible for paying out compensation if your personal injury claim against them is successful. All UK employers must have valid Employers’ Liability Insurance (to the value of at least £5 million) to cover themselves against liability from accidents and injury. Employers who do not have appropriate insurance may face daily fines for being uninsured.
To discuss your case in more detail, why not connect with the advisory team using the contact options listed in this guide? Or ask the live discussion box a question to get an immediate response from advisors.
Does My Employer Have To Give Me Sick Pay?
If you are eligible, your employer has to pay you Statutory Sick Pay (SSP) for a period of up to 28 weeks. You could also be entitled to receive additional sick pay from your employer if this is stated in your employment contract (although this is not a legal obligation). Certain SSP criteria apply:
- You must be classed as an employee and perform work for your employer.
- Have average earnings of at least £125 per week.
- Been ill for a period of no less than 3 days in a row (including non-working days).
- You need to provide a fit note to your employer after 7 consecutive days off, which you can get from a GP, hospital, physiotherapist, occupational nurse, or pharmacist.
Importantly, claiming this benefit does not impact your right to seek personal injury compensation. Moreover, you may be able to claim back lost earnings as part of your claim.
Have questions? Our team of advisors are ready to answer them and provide further guidance.
What Accidents At Work Could Lead To A Tendon Injury?
Without correct health and safety procedures, a wide array of accidents could give rise to a tendon injury in the workplace, ranging from a mild pulled tendon in the ankle to serious multiple injuries. To illustrate, we look at some typical scenarios:
Slips, Trips Or Falls
In the workplace, slips and trips are a common cause of tendon injuries, particularly in the ankle, leg, or wrist. As an example, an employer could be at fault if they fail to ensure that wet floors or spillages are attended to correctly or marked with hazard signs. By not taking such steps, they may be responsible for you slipping and suffering a serious tendon injury to your ankle.
Falls From Heights
The Health and Safety Executive (HSE), which regulates workplace safety procedures, lays out particular rules and guidance for employers who have staff work at height. For instance, construction site management may be at fault for a scaffolding accident if they had you work from heights but failed to provide a safety harness, leading you to fall and suffer permanent tendon injuries.
Injuries Caused By Manual Handling
Employers must also ensure staff are trained in correct manual handling, bending, and lifting techniques for moving large or heavy items. Moreover, they are expected to conduct risk assessments where applicable. So, for instance, warehouse management might be negligent if they fail to give you appropriate training for moving a heavy pallet, causing you to suffer a serious tendon injury.
How To Make A Tendon Injury At Work Claim
Making a tendon injury at work claim starts with gathering evidence that your employer breached their duty of care. In order to effectively do this, you need proof showing how they failed to protect you, leading you to suffer a tendon injury as a result. The following can help:
- Photos of the injuries and the cause (such as a wet floor or an obstacle).
- Copies of any workplace CCTV footage that might have filmed the accident.
- A duplicate of the entry made in the workplace accident book.
- Contact details for anyone who might have seen the accident happen. If you appoint a solicitor, they can get a statement from them in order to help support your claim.
- Duplicates of your medical records, which might detail the extent and severity of your tendon injury, what treatments you’ve had, and the impact on your quality of life.
The skilled personal injury solicitors on our panel know how to use this evidence to build a compelling case for compensation. They can also help obtain whatever proof is needed for your claim. Please keep reading as we discuss the matter of time limits next.
Time Limits
The Limitation Act 1980 applies a 3-year time limit in which personal injury compensation claims should start, usually from the date that the accident occurred. Certain groups are treated differently:
- A person under the age of 18 cannot launch a personal injury claim independently until their 18th birthday. From this point, they are given 3 years to launch a claim.
- A person lacking the mental ability to handle their own affairs can also not make a claim. Therefore, they are not bound by any time limits unless and until their capacity returns, whereupon the 3-year time limit starts.
Alternatively, both categories may have their claim started for them by a relative or concerned party, such as a solicitor. This role is known as a litigation friend and allows claims to be launched whilst time limits are on hold.
Do you feel that your accident was the result of workplace negligence? Or would you like more information on litigation friends and the role’s duties? Then, please reach out today for further information on making a tendon injury compensation claim.
What Legal Helpline Can Do For You
The solicitors on our panel have years of experience helping people just like you get compensated after a workplace accident that wasn’t their fault. You can expect nothing less than their tireless commitment to support you throughout the claim process, from collecting evidence to negotiating a settlement on your behalf.
In addition to these benefits, the solicitors on our panel work under the terms of a Conditional Fee Agreement (CFA), a type of No Win No Fee contract. Signing a CFA means:
- No fee for a solicitor’s work at the start of the claim or as it moves forward.
- No solicitor’s fee to pay if you don’t receive compensation.
- A legally capped percentage is paid from the compensation if the claim wins. This ‘success fee’ is paid for your solicitor’s work, and you can discuss the amount before your tendon injury claim starts.
Contact Our Advisors
With these advantages, it’s sensible to see whether we can help. Simply reach out to the team for an on-the-spot assessment of the merits of your claim. Or if you just have other questions you’d like answered about the tendon injury at work claim process, you can:
- Call us to discuss your claim for compensation on 0333 000 0729
- Contact us and start a claim here.
- Ask advisors a question about tendon injury compensation through the chat window below.
Learn More
You can read more helpful information by following these links:
- Discussing Achilles tendon injury claims.
- Exploring serious injury claims after a workplace injury.
- Detailing what you could claim if you’re unable to work.
External resources to help:
- NHS guidance on tendonitis.
- Further details about physiotherapy for Achilles tendinopathy.
- Lastly, the HSE has resources on preventing slips and trips at work.
In conclusion, we appreciate your taking an interest in our guide about making a tendon injury at work claim.
