Arm Injury Claims

It may not be until you’ve badly hurt your arm that you realise how difficult it is to live your daily life with limited mobility and reduced independence. Often, sustaining an arm injury is just ‘one of those things’ – twisting awkwardly when reaching for something, banging your elbow against a door or tripping over a rock while hiking and falling on your arm.

You may suffered broken bones, an elbow injury, a broken wrist, soft tissue injuries or even an amputation. Or you may have slowly developed a condition such as repetitive strain injury.

If you’ve injured your arm in an accident that was somebody else’s fault, it can be particularly frustrating. It’s only fair that the person responsible should be held accountable for what happened. Thankfully, the law allows you to make an arm injury claim for compensation for arm injuries if it was someone else’s fault.

To find out about the no win no fee* personal injury claims process, get in touch with our advisors for free legal advice on 0800 234 6438, or use our contact form and request a call back.

We’ll partner you with a specialist personal injury solicitor for a free initial consultation about claiming arm injury compensation on a no win no fee basis.

Arm injuries can happen at work or in the supermarket; in road traffic accidents; in slips, trips and falls; involving hazards in restaurants and in public parks and during sporting activities, as well as in other situations.

However the accident occurred, an arm injury can really take its toll on your daily life so it’s really important to get medical treatment as soon as it happens.

Even mild arm injuries, such as a sprained muscle, can be very wearing and prevent you undertaking your usual hobbies or work activities. You may, for example, be unable to drive or go back to work for a while; or return to your sporting activities because of sports injuries.

Serious arm injuries and conditions may be having a significant impact on your life and could lead to significant disabilities. It’s only fair that your compensation reflects the full extent of how serious the injury is and its effect.

It’s possible that you have severe injuries and are experiencing permanent and substantial disablement – which must be reflected in your compensation amount.

You may even have to face having time off work to recover. For some people, this could make paying the bills a major challenge and have a negative impact on your physical recovery.

Depending on the circumstances, there is a wide range of arm and wrist injuries and conditions which can affect your lower or upper arm. You may have fractured a bone or sustained tendon injuries in your elbow or wrist; you might have sprained your shoulder; developed a painful nerve condition; or even suffered an amputation injury to part of your arm.

Other arm injury / occupational conditions include carpal tunnel syndrome and the painful condition ‘vibration white finger” (also known as ‘hand arm vibration syndrome’). When you think you’re developing a condition, the most important thing you can do is see your doctor so that you get medical treatment.

Whatever the nature of your arm injury, if someone else was to blame you can bring a no win no fee arm injury claim for compensation. In some cases, you may be unsure whether the incident was the result of another person’s negligence or your own carelessness.

If you are unsure, always discuss your case with specialist legal advisers because they will be able to identify where someone else should be held responsible.

Depending on where the incident took place, your arm injury compensation claim could be against organisations such as a local authority or an employer; a supermarket such as Tesco or Morrison’s; the highways agency; or the driver at fault in the case of a car accident.

Where substandard medical treatment caused or exacerbated your arm injury or condition, you can bring a claim against the NHS trust or private health provider for clinical negligence.

Importantly, if you’ve sustained an arm injury through no fault of your own, you need a personal injury solicitor with expertise in arm injury claims on your side. They can discuss your situation with you and guide you through the no win no fee process of making a personal injury claim.

Your compensation claim will be taken on a No Win No Fee basis which means you will not have to pay out anything if you do not win. You can call free on 0800 234 6438 or, if you prefer, you can fill in this online contact form.

Arm injuries can include damage to any part of the arm, including your wrist and elbow. Because of the complex joints and muscles in our arms (and how we use them for most activities), the range and severity of arm injuries vary hugely – from bruises to serious bone injury, ruptured tendons or amputation.

This means the impact of one person’s arm injury on their life is likely to be very different to someone else’s. A complex elbow and upper arm injury may, for instance, take much longer to heal than a clean break of the bone.

Thankfully, arm injury claims can usually be brought by anyone injured through no fault of their own, even if its effects are minor.

Typical examples of common arm injuries for which arm injury compensation claims can be brought include:

Fractures to any of the bones (the humerus, ulna, radius, the wrist or elbow) may be painful but straightforward breaks typically take a matter of weeks to heal. You may need time off work probably won’t have any longer term problems, though physiotherapy may be necessary.

However, compound fractures and other breaks, such as a complex broken humerus, can be more complex, involving a long period of recovery and leave you with ongoing problems.  These are typical of serious road traffic accident injuries. In any arm injury claims, the compensation awarded should reflect this injury severity.

This is a painful arm injury resulting from overloading of the tendons in the elbow area, eg as a result of heavy repetitive work or repetitive sports.

This is a painful condition caused by excessive use of vibrating tools/machines, such as pneumatic drills, over a long period of time. The result is damage to muscles and joints, and sometime to the bone. Sufferers commonly suffer discolouration of the fingers (hence the name of the condition).

This type of arm injury can also cause tingling and numbness, as well as aches and pains. VWF can make even the smallest tasks difficult, which means undertaking your usual work may become impossible.

Carpal tunnel syndrome

This is caused by pressure being exerted on the main nerve contained within the wrist and is often caused by repetitive hand movements. It is a common arm injury causing numbness and pain.

This compression of the nerve causes daily pain and can make sleeping difficult. It also causes numbness, pins and needles in your wrist and in your fingers. Writing can become difficult because holding a pen can quickly lead to numbness. Normal every day activities such as holding the telephone and driving for more than a few minutes can cause your hand and fingers to become numb and painful.

Thankfully, carpal tunnel syndrome can be cured with a simple surgical procedure.

Repetitive strain injury (RSI)

RSI is, as its name suggest, a condition caused by repetitive use of the hand, wrist and arm. RSI can affect the muscles, tendons and the nerves, for example, it can drastically impair mobility in the wrist, hand and fingers. RSI is also a common are injury caused at work, usually from undertaking the same repetitive movements, such as typing, using a keyboard mouse or spending long periods of repeated movement, eg in manual labour work.

This is a serious condition typically caused by the use of powered hand-held, hand-fed or hand-guided tools for long periods of time. HAVs is permanent and disabling – there is no cure (unlike, for example, carpal tunnel syndrome). Fine, delicate work can be difficult or impossible and cold can trigger pain in the fingers.

Aches, cramps, burning and stiffness are some of the symptoms of ULDs. ULDs are common in tasks involving, for instance, repetitive tasks over a prolonged period; awkward working positions and not having suitable rest breaks during work periods. ULDs include the specific conditions mentioned above.

A sprain is a twisted or torn ligament (the tissue that connects joints) and can be extremely painful, resulting in swelling, bruising and pain

A strain occurs when a muscle or tendon (the tissue linking muscle to the bone) is stretched or torn, causing pain, tenderness and weakness.

Crush injuries to the arm can, for instance, be caused by machine accidents, vehicle accidents and being hit by a large, heavy object.

Burns to the arm can be mild or they can be serious and life-changing. Burn injuries caused in the workplace can be particularly significant, leaving permanent scarring and disability, for example, in an explosion or industrial accidents involving chemicals.

FACT

In 2019, there were 205 new cases of hand arm vibration (HAV) and 135 new cases of carpal tunnel syndrome in industry in Great Britain. The majority of sufferers are men

There is a risk of arm related injuries in and outside of the workplace, for example, in public places, restaurants, in healthcare settings, shops and elsewhere. Examples of how arm injuries and conditions can be caused include:

• Accidents at work, particularly on construction sites, in foundries, factories and warehouses and in the hospitality sector
• Falls from heights, eg on building sites, outdoor playground equipment and escalators
• Trapped hands and arms, eg in public lifts, machinery and doors
• Direct trauma, such as a blow to the arm or criminal assaults*
• Sporting injuries, eg on the football or rugby pitch, while horse riding or in the swimming pool
• Road traffic accidents involving vehicles or bicycles
• Accidents at school, such as in the playground or on inside gym equipment
• Medical negligence, eg misdiagnosis or surgical error
• Slips and trips in public places

CASE STUDY

A 47-year-old former plumber whose arm was seriously injured when he was in goal at a football match, and was then the victim of medical negligence when he went to hospital, won more than £500,000 in injury compensation. Darren Conquer suffered a ruptured biceps tendon but there was a delay in undergoing the necessary surgical repair.

The judge ruled that Edinburgh Royal Infirmary failed to do an MRI scan early enough which would have revealed the extent of his arm injury

Accidents in the workplace are the most common cause of arm related injuries leading to accident claims. When you think about it, a large portion of any worker’s week is spent in the workplace and if your work is physical, there is a greater risk of injury.

Overuse can trigger an arm injury or condition; and where machines, tools and vehicles are being operated, there is a real risk of injury. Even so, the law imposes strict health and safety responsibilities on employers to ensure the workplace is safe. If they breach this duty and an arm injury results, the employer is at risk of claims for arm injury compensation.

To avoid accident claims, they must have procedures and processes that identify promptly any risks to worker health and safety and to deal with identified problems in a timely way. These are known as ‘risk assessments’ and should be carried out regularly – and acted upon when risks are identified.

As well as these general obligations, specific requirements are imposed on employers, for example:

The Control of Vibration at Work Regulations Act 2005

This sets out additional requires on employers to reduce the risk of vibration white finger, and

Theses require employers to ensure equipment and machinery are safe and suitable for use and accompanied by safety measures, such as guards and emergency stop devices.

If you have been injured in an accident at work, or developed a hand or arm injury as a result of your work, it is highly likely that your employer failed to fully comply with its health and safety obligations to protect you.

It is wise to get in touch with our injury claims advisors as early as you can on 0800 234 6438, or use our contact form and request a call back. We can give initial guidance on how you can start a no win no fee claim for compensation.

When a serious arm injury does, unfortunately, occur in the workplace or an occupation condition develops, the employer has a legal duty to report the incident to the Health and Safety Executive under RIDDOR (The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013).

These reportable incidents include those that result in a broken, fractured or amputated arm and serious burn injuries.  This reporting obligation helps those who bring accident claims because the very fact of reporting, together with any investigation and report, will be important evidence in the personal injury claim.

It is important to take specialist legal advice before making an arm injury claim against your employer. It is understandable to be worried about suing your employer. But we can reassure you that your compensation claim will be against the employer’s insurance company and not the employer directly.

The compensation will then be paid by the insurer and not out of the employer’s own pocket.

FACT

A factory worker who suffered a serious arm injury when his arm was pulled into a machine at a bottle top factory was awarded £125,000 in compensation in 2021. In 2013, Robert Faulds was 58 when his arm was crushed, resulting in permanent disability. United Closures and Plastics admitted health and safety breaches and was fined £12,000.

The fact that you’re self-employed does not prevent you from making an injury compensation claim – you are legally entitled to do so. You may, for example, be a casual labourer or a self-employed electrician injured while at work or you’ve developed a painful arm condition because of equipment you’ve been using over a period of time.

Being self-employed – or working as a sub-contractor or freelancer – you are protected in the event of an accident at work under the Health and Safety at Work Act 1974 as well as other laws.

Businesses are legally required to ensure those working on their premises can work and carry out their duties in a safe working environment, free from the risk of arm injury. This duty of care extends to workers who are not employed directly by the business.

So if you are self-employed and were injured at work through no fault of your own, you can make an arm injury claim.

All workers have the legal right to make arm injury compensation claims if they suffer arm injuries in the work place. Even so, we understand that you may be worried about possible repercussions if you make a claim.

People don’t willingly make life difficult for their employer; so having exposed problems relating to health and safety in your workplace – knowing you are returning to work– can be a huge worry.

Thankfully, when it comes to making arm injury compensation claims against an employer, there are laws in place to protect you from being unfairly dismissed or treated differently, such as the Employment Rights Act 1996. Quite simply, it’s illegal to fire or discipline arm injury victims for making personal injury claims against the employer.

This means that in the highly unlikely event you do lose your job, or have been harassed for making a claim for an arm injury caused at work, you’ll be able to take legal action against your employer because such behaviour is unlawful.

This can be hugely reassuring for workers who’ve suffered an arm injury but are worried about making a compensation claim because the accident happened at work.

If you find yourself in a difficult position because you decide to claim arm injury compensation, talk it through with your solicitor. You may consider taking employment law action in addition to your injury compensation claim.

The general rule for personal injury claims is that you have three years from the date of the accident to start legal proceedings for compensation. After three years, you may be ‘time barred’ and unable to claim compensation.

However, if you have developed a condition, such as carpal tunnel or vibration white finger, the three years in which to start a compensation claim starts to run from the date you could reasonably have expected to have known that the incident or, eg your workplace environment caused it. This particularly benefits those who develop an arm condition long after they are first exposed to an unsafe method of working.

If in doubt about whether you are time-barred, don’t assume you can’t make claim compensation because of the passage of time. We strongly recommend talking things through with personal injury solicitors so that you’re aware of your rights.

Arm injury compensation amounts depend on the nature and extent of your injury or condition and your pain and suffering. The reality is, no two accidents or arm injuries are the same, so it can be very difficult so early on to give an exact figure of how much arm injury compensation you might receive.

However, you can be certain that however the arm injury happened, your solicitor will work hard to secure maximum compensation. Factors that will be relevant include:

• The nature of your injury and the pain and suffering caused
• What effect it is having on your life and how long it will take you to get back to normal
• Whether the injury will leave permanent and substantial effects on you
• Whether you can go back to your job (or a lower-paid job)

When building your arm injury compensation claim, your solicitor will look at the full impact of your injury and will work hard to make sure you receive the compensation you deserve.

This will compensate you for the actual injuries and their impact (‘general damages’) and your financial losses (‘special damages’).

In any successful compensation claim, the compensation awarded varies greatly depending on the seriousness of your injury or condition. That said, there are judicial guidelines that include formal judicial college injury tables, which lawyers use to calculate what someone may be entitled to. For example:

• A forearm fracture – £6,190 to £18,020
• Broken humerus leading to reduced shoulder movement – £12,000 to £18,000
• Moderate to very severe vibration white finger – £14,310 to £32,780
• Loss of one arm – £102,890 to £128,710
• Moderate wrist injuries – £4,450 to £22,990
• Arm or shoulder injury – £1,500 to £60,000

The range of compensation potentially available illustrates just how difficult it is to estimate how much compensation any one injury is worth, without knowing its nature and impact on the individual.

You might, for instance, want to know how much compensation you get for a tendon injury; or how much you can claim for a broken arm in UK.  The wisest thing you can do is to get in touch with us to discuss your unique situation with specialist lawyers.

Your solicitor will be able to give you a more accurate picture of how much compensation you deserve. They will also be able to discuss whether you should be able to settle your personal injury claim.

For example, if you’re wondering how much you should settle for a broken arm caused in a workplace accident, your solicitor will try to negotiate the maximum amount possible with your employer’s insurer (bearing in mind the judicial guidelines mentioned above).

Importantly, your personal injury claim will also include a claim for ‘special damages’ to compensate you for your financial losses (past and in the future). Your solicitor will ask you for detailed information about the financial impact of your arm injury before calculating how much special damages to claim.

For example, they will need details of:

• Loss of earnings if you’ve had to have unpaid time off to recover
• Travel costs if you’ve been unable to drive
• Prescription and other medical costs, such as physiotherapy or occupational therapy
• Costs of prosthetic limbs and other aids and equipment
• Costs of home adaptations and changes to vehicles

Your solicitor will work hard on your personal injury claim to negotiate the compensation you deserve. In the case of serious injury and you’re in financial difficulties as a direct result of your injury, you may be able to secure interim payments during your arm injury compensation claim to cover any immediate expenses, ahead of a final settlement.

FACT

Around 40% of injuries caused in the workplace negatively impact a worker’s arms

The starting point is – if your injury was caused because of someone else’s negligence or carelessness, you can make an arm injury compensation claim. Where a duty of care was owed to you and that duty was breached, causing your injury, the person at fault can be held liable.

It is prudent to speak with a personal injury solicitor early on while events are fresh in your mind. When you first speak with your solicitor about bring a personal injury claim, try to have as much information to hand as possible – including details of witnesses and any photographs or sketches of where the incident happened.

This will make it easier for you to answer their initial questions and obtain the best possible advice, early on in your arm injury claim.

We strongly suggest you keep a detailed account of what caused the accident (or condition) and keep it updated as you continue on your road to recovery. Make sure you have details of any witnesses to what happened and any CCTV of the incident that may still be available.

Bear in mind some of the physical impact of your injury may not immediately be apparent. Bruising, for example, can take days to become evident. If you’ve not sought medical advice or treatment for an arm injury, it is imperative you do so straightaway because this will be vital evidence for when you claim compensation.

You would also be wise to gather details of any loss of earnings directly related to the accident, and other costs such as travel costs and medical-related expenses.

The more information solicitors have build arm injury claims, the greater the chances of securing the maximum amount of compensation in a successful claim.

It will be necessary to obtain a expert medical report for arm injury claims. However, you don’t need to worry about this as your arm injury claims solicitor will organise this for you at the appropriate time.

Your lawyer will discuss the no win no fee claims process with you, guiding you through the initial steps and advising you of the options, depending on whether the other side admit responsibility. In the vast majority of cases, arm injury claims are settled without going to court.

In the unlikely event you do not win, you will have no legal fees to pay out so the financial risk of bring a claim is removed under what’s called a conditional fee agreement.

If you win compensation for your a successful arm injury claim, you’ll need to pay your solicitor’s success fee as a percentage of your compensation as its legal fees – but this will usually be a small portion of your claim. The exact amount varies depending on how complex your case is, but it will never be more than 25% of your compensation.

To get the ball rolling and start your no win no fee arm injury claim, call us free now and speak to a trained legal advisor on 0800 234 6438 or by filling in this online form.

To find out more about the no win no fee claims process, get in touch with our advisors on 0800 234 6438, or use our contact form and we’ll get back to you. We can partner you with specialist injury lawyers for a free initial consultation.

Your solicitor and their law firm are heavily regulated by the Solicitors Regulation Authority – giving much needed peace of mind. They are best placed to work on securing maximum compensation for your injuries.