No Win, No FeeTennis elbow is a painful condition that causes tenderness at the back of the elbow. Rather than being unique to tennis players, it is an injury that can be caused while carrying our repetitive tasks at work over a prolonged period. As such, employers should assess the risk that you’ll contract tennis elbow and take steps to reduce the risk where possible. If they don’t, you could claim compensation for any suffering that results. In this article on tennis elbow claims, we’ll review what causes tennis elbow, when you could sue your employer and what any compensation might cover.
We can help if you’re thinking of claiming compensation for tennis elbow by offering a free consultation to determine whether a claim is possible. We’ll examine any proof you have, explain your options and give you free legal advice about your next steps. If we believe you could be compensated for your tennis elbow, we’ll pass your case to one of our personal injury lawyers if you agree. You won’t be asked to pay their fees because they’ll work for you using a No Win, No Fee agreement.
To learn more on claiming tennis elbow compensation, please read on. Alternatively, call our team on 0800 652 1345 today if you’d like to speak with a specialist right away.
Am I Entitled to Compensation for Tennis Elbow?
Employers have a duty of care to do what they can to protect the well-being of their staff. While this often means trying to avoid accidents in the workplace, it also means carrying out risk assessments to try and prevent Repetitive Strain Injuries (RSI) like tennis elbow. This duty of care can usually be established by the Health and Safety at Work Act 1974. Before accepting a tennis elbow claim, one of our personal injury lawyers will check if:
- Your employer was negligent in their duty of care towards you; and
- A doctor has diagnosed that you are suffering from tennis elbow linked to your working conditions.
Even if you have not yet seen your doctor, we could still help you to start a claim so please call our team to discuss your options.
Common Examples of Tennis Elbow Claims
As explained above, you could claim compensation against your employer if their negligence has contributed to you developing tennis elbow. Common examples of negligence include:
- Failure to carry out risk assessments: Not conducting regular assessments of your role to identify and minimise risks associated with repetitive strain.
- Inadequate training: Failing to provide proper training on safe working practices, including techniques to reduce strain on the elbow.
- Lack of regular rest breaks: Not allowing sufficient breaks to relieve repetitive strain on your arm and elbow during work.
- Failure to provide ergonomic tools: Not supplying tools or equipment designed to reduce strain and repetitive movements, such as specially designed handles or padded grips.
- Lack of task rotation: Failing to rotate tasks to prevent prolonged repetitive movements that could lead to tennis elbow.
Tennis elbow can cause significant pain, reduced mobility, and difficulty performing everyday tasks, potentially affecting your quality of life. If your employer failed to take reasonable steps to reduce the risk of tennis elbow, you may be entitled to compensation. Contact us today to discuss your options with one of our workplace solicitors.
What Evidence Do I Need for a Tennis Elbow Claim?
It is vital that you can prove how you have suffered and why your employer was negligent if you’re to win a tennis elbow claim. If you can’t, your employer’s insurer may dismiss the claim or pay less compensation than you’re entitled to. To build as strong a case as possible, your solicitor will try to collect as much proof of employer negligence as possible including:
- Your medical records: It is vital that your injuries have been diagnosed by a doctor and linked to your employment. Your solicitor can request your medical records to help prove this is the case.
- Witness information: Your solicitor might ask your colleagues for a statement if your employer denies your version of events.
- Accident report forms: You should tell your employer about any injury at work. Legally, they’ll need to keep a report and your copy could be used to prove when you were injured.
- Other reports and correspondence: If you raised concerns regarding tennis elbow by email, print a copy out and forward it to your solicitor along with any replies. Also, if an occupational therapist reviewed your working conditions, you could use their report to help with your claim.
- Photographs and CCTV footage: If you can demonstrate what caused your injuries by taking photographs or obtaining video footage of the workplace, you should do so.
In addition to the types of proof you could use listed above, it may be worth keeping a diary of how your tennis elbow has affected you. For instance, you could list any costs you’ve incurred or dates you could not attend family or social events.
What Is the Time Limit to Make a Tennis Elbow Claim?
As you may know, there is a 3-year time limit for personal injury claims in the UK. For normal injury claims, this will generally start from the date of an accident. However, for tennis elbow claims, your condition might’ve taken some time to develop. As such, the limitation period in this scenario will begin from the date your injury was diagnosed by a doctor.
We would suggest that you begin the claims process as soon as possible to allow enough time for medical reports to be obtained and proof to be collected. Also, if you file your claim early on, you might receive an interim payment to help pay for private medical treatment (so long as your employer accepts the blame for your tennis elbow).
To find out how long you have to make a tennis elbow claim, please call our team today.
How Much Compensation for Tennis Elbow Can I Claim?
If you proceed with filing a personal injury claim against your employer for a tennis elbow injury, any settlement you might get would be based on how much your injury has inconvenienced you (general damages) plus any costs you’ve incurred because of it (special damages).
Depending on how you have been affected, your tennis elbow compensation claim could cover:
- The physical pain and suffering you’ve endured.
- The impact tennis elbow has on your private life and social activities.
- Any psychological trauma your injury causes you such as depression.
- Cost of a carer if someone else needed to help you while you were injured.
- Medical costs including private physiotherapy costs in some cases.
- Travel expenses associated with your tennis elbow.
- Disability aids or necessary adaptations to your home if your injuries lead to permanent symptoms.
You’ll need to consider your tennis elbow claim fully before filing it because, once you’ve settled, you can’t request additional compensation later on. If you work with a solicitor from our panel, they’ll do all they can to secure the most compensation possible for your suffering.
Can I Claim for Loss of Earnings Due to Tennis Elbow?
If you win a personal injury claim for tennis elbow, you shouldn’t be left out of pocket as a result of your condition. Therefore, if your income has been affected due to time off work or an inability to perform certain tasks, you may be entitled to claim back any lost earnings.
Your solicitor will include any proven loss of earnings as part of your overall compensation settlement, ensuring that the financial impact of your tennis elbow is fully accounted for.
Will I Need a Solicitor to Claim Tennis Elbow Compensation?
Making a compensation claim for tennis elbow can feel daunting, especially when considering the legal process and potential costs. However, working with an experienced solicitor can make the process much easier and significantly increase your chances of success. Crucially, our solicitors offer a No Win, No Fee service to ensure you can pursue your claim without financial risk.
That means they can start working on your tennis elbow claim without you having to pay their legal fees upfront. So that it’s clear what your solicitor will do for you, you’ll both sign a Conditional Fee Agreement (CFA). When using a CFA:
- You don’t pay legal fees in advance.
- There will be no legal fees payable if the claim fails.
- A success fee will be deducted from any compensation you receive.
Success fees are legally capped at 25% of any compensation you are paid. They are used to cover the cost of your solicitor’s work and their costs. As with any other type of legal document, you should check the terms of your CFA before signing so that you know the percentage of your success fee from the start of your claim.
If your case is taken on, your solicitor will ain to:
- Collect and collate proof to prove how you were injured.
- Arrange for an independent medical assessment.
- File the tennis elbow claim with your employer’s insurers and handle all communication.
- Argue your case if any objections are raised.
- Try to secure the maximum level of compensation possible to help you deal with your suffering.
To check if you could make a No Win, No Fee tennis elbow claim, please call today.
Tennis Elbow Claims Frequently Asked Questions
How Will My Solicitor Determine the Extent of My Tennis Elbow?
As well as your medical records, your solicitor will need an independent medical report to try and prove the extent of your injuries. Usually, they’ll be able to set up a local appointment where an expert will examine you and talk to you about how your tennis elbow has affected you.
Once they’ve finished, they’ll explain your prognosis in a report that will be sent to your solicitor and your employer’s insurers.
Do Tennis Elbow Claims Go to Court?
As our solicitors only take on claims that have a reasonable chance of success, it is quite unusual for tennis elbow claims to require court hearings. Because of the expense involved, both parties in the claim will usually try to settle the case amicably. A court hearing would only be required if an agreement couldn’t be reached on liability for your injuries of the size of any compensation amount.
Will I Be Sacked for Claiming Compensation?
Employment laws give you a lot of protection if you decide to make a tennis elbow compensation claim against your employer. So long as you make an honest claim, you cannot legally be sacked, demoted or treated differently for suing your employer. If that were to happen, you might have grounds to claim separately for unfair or constructive dismissal.
If you are represented by one of our solicitors, they’ll manage all communication with your employer on your behalf. Please call if you’d like to find out more.
Start a Tennis Elbow Compensation Claim Today
We hope that you have found this tennis elbow compensation claims guide useful. To discuss your options with us, please call today on 0800 652 1345.
If your case is suitable, we’ll ask one of our No Win, No Fee solicitors to talk with you. If they agree to represent you, they’ll do all they can to secure compensation for you as quickly as possible.
To ask any further questions about tennis elbow claims, please arrange a consultation here or use our live chat service to get in touch.
