If you are currently experiencing pain and suffering in your arm from an accident at work, a road traffic accident, or some other accident that wasn’t your fault, you could be entitled to compensation. This guide about arm injury claims will aim to answer any questions you may have.
Key Takeaways
- If you have injured your arm in an accident caused by someone else, you could claim compensation.
- This compensation can include financial loss as well as injury damages.
- There are various types of accidents that you can claim for.
- The expert personal injury solicitors from our panel could help you claim compensation on a No Win No Fee basis.
- You generally have 3 years to start your claim, but there are exceptions.
For a free and no obligation case check, you can get in touch with us by:
- Filling in our contact form.
- Calling on 0333 000 0729.
- Selecting the live chat.
JUMP TO A SECTION
- How Can Arm Injury Claims Be Made?
- Types Of Arm Injuries You Can Claim For
- How Much Compensation Can I Claim For A Broken Arm?
- Common Causes Of Arm Injuries
- How To Claim Compensation
- How Our Panel of Solicitors Can Help
- More Information
How Can Arm Injury Claims Be Made?
To make an arm injury claim, you must be eligible to do so. The criteria to claim personal injury compensation are:
- A third party owed you a duty of care
- They failed to meet it (or breached it in some way)
- You suffered your arm injury as a result
There are many areas of life where you could be owed a duty of care, so let us look at some examples of accidents that could lead to arm injury claims.
Accidents At Work
Firstly, accidents at work. Per the Health and Safety at Work etc Act 1974, all employers have a duty of care to take reasonable steps to keep their employees safe. This includes (but is not limited to) providing personal protective equipment (PPE) where necessary, providing regular training, and performing maintenance checks on all equipment.
A failure to take steps when it is reasonable to do so could lead to an accident and an injury. If so, a claim can be made.
Road Traffic Accidents
As a road user, you are owed a duty of care by other road users. They must use their vehicles in a way that avoids harm from being caused. Meeting this duty can include following rules or guidance from the Road Traffic Act 1988 and the Highway Code.
Disregarding these rules could lead to an accident happening and someone becoming injured.
Public Liability Claims
Finally, your arm injury claim may be a public liability case. Public liability refers to the duty of care outlined in the Occupiers’ Liability Act 1957. It includes public places such as supermarkets or restaurants. While in a public place, the occupier (the party in control) of that place must take reasonable steps to ensure your safety. This can be via regular risk assessments and maintaining equipment or facilities where necessary.
Free Case Assessment
We offer a free case assessment with no obligation, so however your arm became injured, if you think your accident was someone else’s fault, it could be worth checking to see if you can claim. You have nothing to lose.
Types Of Arm Injuries You Can Claim For
There are many types of arm injury you can claim for, so let’s look at some examples:
- A broken arm, such as a fracture of the humerus, radius, or ulna.
- Ligament sprains or tears
- Damaged tendons
- Scarring
- Degloving injuries
- Amputations
- Soft tissue damage
A broken arm can take many weeks to heal fully, though this time can be extended if the break is particularly bad. During this time, you’ll likely suffer from reduced motion and be unable to carry out some or all aspects of your job. The same could be true of other arm injuries.
The severity of your arm injury and the pain and suffering it has caused you will impact how much compensation you will receive – more on this below.
How Much Compensation Can I Claim For A Broken Arm?
The amount of compensation you can claim for a broken arm will vary. This is because every case and injury is unique. What we can tell you is how personal injury claims are calculated.
The amount of compensation you could receive from a personal injury claim is calculated using general and special damages. For an injury claim, general damages refer to the pain and suffering you have undergone following your injury, whereas special damages refer to financial losses.
You can claim for both physical and psychological suffering when making an arm injury claim. For example, you could claim compensation for anxiety and a severe sprain. However, you will need to prove that your anxiety developed following the accident.
To value general damages in arm injury claims a document called the Judicial College Guidelines (JCG) can be used. This lists suggested compensation brackets for a range of arm injuries. They do not give guaranteed figures but do help you think about the potential value of your injury compensation. Please note that the top entry is not from the JCG.
| TYPE OF INJURY | SEVERITY | POTENTIAL COMPENSATION |
|---|---|---|
| Multiple Severe Injuries and Financial Losses | The Most Serious | Up to £1,000,000 or more |
| Amputation of Arms | Loss of Both Arms | £293,850 to £366,100 |
| Loss of One Arm (i) | Not Less Than £167,380 | |
| Loss of One Arm (ii) | £133,810 to £159,770 | |
| Arm injury | Severe | £117,36 to £159,770 |
| Permanent and Substantial Disability | £47,810 to £73,050 | |
| Less Severe | £23,430 to £47,810 | |
| Simple Fractures of the Forearm | £8,060 to £23,430 | |
| Post-Traumatic Stress Disorder | Severe | £73,050 to £122,850 |
| Moderately Severe | £28,250 to £73,050 |
Special Damages
Special damages reimburse you for any financial losses incurred due to your accident. In an arm injury compensation claim, some things you could claim for are:
- Medical treatment (and potential future medical expenses).
- Transport to and from hospitals or other medical centres.
- At-home care.
- Physical therapy aids.
- Childcare.
- Prescriptions.
- Loss of earnings.
- Prothesis in cases of amputation.
Common Causes Of Arm Injuries
There are many ways that your arm injury could be caused. Let’s look at some specific accident examples that could make strong claims:
- Faulty machinery at work that management refuses to fix causes crush injuries when a worker gets their arm trapped.
- Exposed cabling in an office causes a worker to trip and fall. They land awkwardly on their arm and break it.
- A car enters a roundabout when it is unsafe to do so and hits a cyclist, causing them to fall and break their arm.
- A van driver fails to stop at a giveaway junction and collides with the side of a car. This causes ligament damage to the arm of a passenger.
- A member of the public trips on defective pavement that the local council should have repaired months ago. As the fall, they damage their arm.
How To Claim Compensation
To claim compensation you will need to prove the criteria listed earlier in this guide. You might want the help of a specialist personal injury solicitor from our panel to help you with this. Either way, let’s look at some practical considerations when making a claim.
The Evidence You’ll Need To Prove Liability
Proving liability (who is at fault) will require evidence. The following types of evidence could be useful if they apply to your case.
- Witness contact information so that a statement can be taken at a later date.
- Any CCTV footage, dashcam footage or even Ring doorbell footage that shows your accident
- Photos of the accident scene and surroundings (such as any objects you tripped over).
- Any useful workplace documents such as an accident book entry, training documents or risk assessments.
There are many more forms of evidence and this is something that a solicitor from our panel could assist you with.
Timelines – How Long A Case Takes And How Long You Have To Claim
Per the Limitation Act 1980, you have three years to begin a personal injury claim. For an arm injury claim, this would be from the date the accident happened or from when your arm injury became apparent (if different). There are exceptions to this limit, such as if the person involved is under the age of 18 or if they do not have the mental capacity to pursue a claim.
How long a claim takes will depend on several factors, including:
- Does the other side accept fault or want to fight the case?
- How bad are your injuries, and how much medical evidence is needed?
- What is your future prognosis, and are any future treatments or operations required?
- The complexity of the legal issues in your claim.
- How you and the other side choose to approach settlement negotiations.
- Whether or not court proceedings are necessary (it should be noted that most claims are settled before court).
As you can see, many factors can alter how long a case takes. Get in touch if you would like to discuss any of them.
How Our Panel Of Solicitors Can Help
At Legal Helpline, we can connect you to personal injury solicitors from our panel who have decades of experience in claiming arm injury compensation. They can assist throughout the claims process by:
- Securing the evidence needed to give you the best chance of winning your claim.
- Arrange for an independent medical examination if required. This would be local and convenient for you.
- Including all items of loss in your case to make sure you get the right level of compensation.
- Completing legal steps set out in any Pre-Action Protocols that may apply to your case.
- Negotiating with the other side.
- Handling your claim efficiently and keeping you up to date with progress.
They can offer these services on a No Win No Fee basis through a Conditional Fee Agreement (CFA). Under a CFA, you do not need to pay any solicitors fees if your case is unsuccessful. You also do not need to pay your solicitor’s fees before they start work on your case or as your case progresses.
If your case is successful, your solicitor will deduct a small (and legally capped) percentage of the compensation to cover their success fee. This means that you keep the majority of the damages.
To see if you can be connected to one of our panel solicitors, you can speak to an advisor.
Reach out today by:
- Filling in our contact form.
- Calling on 0333 000 0729.
- Selecting the live chat.
More Information
You may also find the below links useful when deciding whether to make an arm injury claim.
Here are some internal resources:
Discover why it is important to report accidents in the workplace.
Find out how to use an accident at work claim calculator.
Learn further information about how special damages are calculated.
Here are some external resources:
NHS.UK – find out information about a broken arm or wrist.
GOV.UK – read about Statutory Sick Pay (SSP).
HSE.GOV.UK – learn when an employer should report an accident under RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations).
Thank you for reading our guide about arm injury claims.
