Elbow Injury Claims – How To Get Compensation

In this guide, we will discuss whether you could be entitled to compensation for an elbow injury that was caused by someone else’s negligence. There are various places you could sustain an injury, such as in accident at work, in a public place, or in a road traffic accident, where someone owed you a duty of care. This guide will explore the duty of care you may have been owed in more detail.

elbow injury

Elbow injury claims guide

We will discuss examples of accidents and the steps you can take following an incident that caused you harm.

Additionally, this guide will look at the compensation you could receive and the factors that could influence your payout. 

Lastly, we will discuss how a No Win No Fee agreement could be of benefit to you if you wish to hire legal representation.

For more information, contact our advisors today. They are available to help 24 hours a day, 7 days a week. To get in touch, you can:

Choose A Section

  1. Could I Get Compensation For An Elbow Injury?
  2. Examples Of Elbow Injury Accidents
  3. What Evidence Proves A Serious Injury To The Elbow?
  4. Calculating A Payout For An Injury To The Elbow
  5. Can I Hire A No Win No Fee Solicitor?
  6. Further Information About Elbow Injury Claims

Could I Get Compensation For An Elbow Injury?

You may be able to claim if you have suffered an elbow injury that was caused by someone else’s negligence. Negligence involves someone breaching the duty of care they owed. A duty of care involves someone taking reasonable steps to protect you from sustaining harm.

There are various instances where you may have been owed a duty of care. For example:

  • In the workplace: The Health and Safety at Work etc. Act 1974 outlines the duty of care your employer has. It may vary depending on the industry but could include providing adequate training to employees and necessary personal protective equipment.
  • On the road: All road users owe each other a duty of care. The responsibilities each road user has is outlined in the Highway Code. Examples include adhering to the speed limit and crossing the road at designated crossings.
  • In a public place: The person in control of a public space owes you a duty of care as set out in the Occupiers’ Liability Act 1957. Part of their duty of care is to carry out regular risk assessments to reduce or remove the risk a known hazard poses.

If someone has breached their duty of care to you resulting in you sustaining an elbow injury, you may be entitled to compensation. For more information, call our team.  

Are Elbow Injuries Common?

The Health and Safety Executive (HSE) collate statistics based on employer reports made under the Reporting of Injuries and Dangerous Occurrences Regulations 2013 (RIDDOR). As such, it can give us an insight into injuries sustained to the upper limb in the workplace.

For example, HSE recorded a total of 18,988 non-fatal upper limb injuries. Of these:

  • 5,181 affected one or more fingers or the thumb
  • 3,200 affected the hand
  • 3,782 affected the wrist
  • 6,282 affected the rest of the upper limb
  • 543 affected several locations of the upper limb.

These statistics are only relevant to workplace accidents.

Examples Of Elbow Injury Accidents

Below are some scenarios of how an elbow injury could occur:

  • The local council may have failed to fix a a faulty paving stone in a reasonable amount of time despite being made aware. As a result, you may have been involved in a slip, trip or fall accident and injured your elbow upon impact with the floor. You may also have suffered from a hand injury as well.
  • Your employer may have failed to give proper training on manual handling, which results in you straining your elbow in an accident at work.
  • Your employer may have failed to perform regular maintenance checks of railings on upper floors, resulting in you experiencing a fall from a height and sustaining a dislocated elbow.

It’s important to note that not all accidents can lead to a claim. You must demonstrate that someone breached their duty of care and caused you harm as a result. To find out how to prove negligence, see below. Alternatively, contact us for free legal advice.

What Evidence Proves A Serious Injury To The Elbow?

To claim compensation for an elbow injury, you must prove that someone breached their duty of care to you. You can take steps to do so, such as:

  1. Seek medical attention – If you have suffered an elbow injury, it’s always best to get medical treatment. You could request a copy of your medical records to highlight the diagnosis and treatment you received.
  2. Fill out the accident report book – If your injury happened at work, you should fill in an accident report book. Workplaces with more than 10 employees must have one of these on-site. Make sure to fill in all the information correctly as you can use a copy of the report as evidence in your claim.
  3. Gather evidence – CCTV footage and contact information of any witnesses to the accident can help support your elbow injury claim. Also, you could take pictures of your injuries.
  4. Receive legal advice – Our panel of solicitors have experience handling personal injury claims and could help you seek compensation. Contact our advisors now to find out whether you could work with a solicitor from our panel.

Calculating A Payout For An Injury To The Elbow

Settlements after a successful elbow injury claim may result in general and special damages. General damages seek to compensate for any physical harm, mental suffering and the impact these injuries have had on your quality of life.

Solicitors often use the Judicial College Guidelines (JCG) to help value the general damages portion of your claim as it outlines compensation brackets for different injuries.

We have used the 16th edition of the JCG to create the table below. It is important to note that the compensation you receive can depend on different factors specific to your case. As such, please only use these figures as a guide.

InjurySeverity / NotesAmount
Elbow Injury (a)An injury to the elbow that is severely disabling. £39,170 to £54,830
Elbow Injury (b)Less Severe - The person could suffer damage to the functioning of the elbow but it doesn’t involve major surgery or significant disabilities. £15,650 - £32,010
Elbow Injury (c) Moderate - Several elbow injuries fall within this bracket, such as simple fractures and tennis elbow.Up to £12,590
Amputation of Arms (a)(a) Both arms need to be amputated, leaving the person in a state of considerable helplessness.£240,790 - £300,000
Amputation of Arms (b) (ii)One arm is amputated above the elbow. £109,650 - £130,930
Amputation of Arms (b) (iii)One arm is amputated below the elbow. £96,160 - £109,650
Other Arm Injuries (a)Severe - Falls short of the person needing an amputation. Injuries might include a serious brachial plexus injury.£96,160 - £130,930
Other Arm Injuries (c)Less severe - Could result in significant disabilities, but a degree of recovery is expected.£19,200 - £39,170
Shoulder Injury (a)Severe - Neck injuries that involve brachial plexus damage. £19,200 - £48,030
Shoulder Injury (b)Serious - Shoulder dislocation with lower brachial plexus damage.£12,770 - £19,200

You could also potentially be awarded special damages, which consider any financial losses caused by the injuries, both past and future. You should keep evidence of financial costs such as receipts for the taxi you have had to take or prescriptions you have had to pay for.

Can I Hire A No Win No Fee Solicitor?

A No Win No Fee agreement, including a Conditional Fee Agreement, could benefit you if you’re looking to seek legal representation. 

Under this type of agreement:

  • You do not need to pay your solicitor upfront when starting your claim.
  • During the process of your claim, there are no fees to pay.
  • You are not required to pay for your solicitor’s services if your case doesn’t succeed.
  • You will pay a small, legally capped success fee from your compensation if your case is successful.

This is a service our panel of solicitors can offer. Your claim would need to meet certain criteria though. Call our team to find out whether you’re eligible.

Call Us To Make An Elbow Injury Claim

If you want to find out whether you’re entitled to compensation for an elbow injury, contact our advisors. They can provide further information on the personal injury claims process. They are available to help you 24 hours a day, 7 days a week.

To get in touch, you can:

Further Information About Elbow Injury Claims

Thank you for reading our guide on elbow injury claims. Below you can find some additional links that may help you.

We hope this guide on making an elbow injury claim has helped. If you have any other questions, please get in touch using the contact details above.

Writer Megan Ryder

Publisher Meg McConnell