Osteoarthritis compensation claim solicitors

Unfortunately, osteoarthritis is a very painful condition due to damage to and around the joints. This takes a long time to heal and unfortunately is permanent.  Symptoms can include:

• pain when lifting
• pain when bending
• pain when carrying out repetitive movements
• being less able to walk for long distances as the pain prevents this
• stiffness, particularly when first waking
• sharp or dull aches and pains during movement
• intermittent joint swelling
• developing extra bits of bones around the affected joint which are bone spurs
• being less flexible
• tenderness when pressure is put on the joint
• muscle thinning
• joint instability
• difficulty moving joints
• joints clicking when moving
• decreased muscle mass

Common causes of osteoarthritis are specific activities, which manual labour jobs often involve. For example:

• forceful repetitive actions
• repetitive impacts on joints
• carrying out activities which cause a joint to work to its absolute limit
• use of specific machinery, such as a road drill

Osteoarthritis can be caused by an accident such as:

• a road traffic accident
• sport injury
• an accident at work

Your work can cause osteoarthritis particularly if you work in manual labour jobs. It can occur if your work causes wear and tear to your joints.

Occupations at risk of developing osteoarthritis include those where the work means you:

• make forceful repetitive joint actions or movement
• carry out activities which put a repetitive impact on your joints
• carry out activities where the joints undergo repetitive forceful actions or movements
• kneeling
• squatting 
• typing
• operating machinery

The specific occupations where you would likely develop osteoarthritis include:

• construction
• agriculture, forestry and fishing
• transportation and storage
• social work
• carpet fitters
• carpenters
• heavy vehicle drivers
• mechanics
• miners

If you developed osteoarthritis as a result of your work you may be able to make a compensation claim. Your employer has a legal duty to keep you healthy and safe while you carry out your work. When you work in a job where it is likely you will develop symptoms of osteoarthritis, your employer must reduce the risk. They should also let you know the risks you are taking. Reducing the risk means carrying out rigorous measures. This can include:

• training
• giving you PPE
• offering you mechanical aids to help you perform tasks
• giving adequate rest breaks
• giving you a variety of work so not always using the same joints

If they fail to reduce the risk, and as a result you develop osteoarthritis, they may have been negligent towards you.

When you make a compensation claim for osteoarthritis, you need to gather evidence. For example, you should collect:

• receipts for medical treatment
• a copy of your medical receipts
• previous payslips to show any loss of earnings 
• travel receipts for attending medical appointments
• x-rays of your joints
• statements from people you worked with

There are many reasons you should make an osteoarthritis claim. Not only could you receive a large amount of money to help you adapt to the debilitating effects of osteoarthritis, you may also:

• feel some justice has been done
• receive the money you could have earned if you were healthier
• ensure that your employer realises their negligence and is more careful in future

It is difficult to estimate,  without looking at your circumstances, the exact amount of compensation you may receive for your osteoarthritis claim. This is because it will depend on many things. However, if you try our online compensation calculator, this will give you an estimate.

To compensate for your osteoarthritis osteoarthritis claim, many things need to be considered. Osteoarthritis compensation claims include special damages and general damages. Special damages compensate you for financial losses as a result of your condition and general damages cover the suffering it has caused you. 

Factors will be taken into account in calculating any compensation, such as:

• loss of earnings as it is likely the condition will affect your work
• cost of transport to medical appointments
• medical expenses
• care and support costs

If you have developed osteoarthritis and believe it was the fault of your employer, you may be able to make a compensation claim with National Accident Helpline on a no win no fee basis. When you make a no win no fee claim with us your personal injury lawyer will take out insurance on your behalf that will cover all your claim costs and expenses including medical report fees, court fees and any barrister fees; so long as you comply with their terms and conditions, you won't have to pay any costs upfront, and there are no hidden surprises.

A no win no fee osteoarthritis compensation claim means you claim with no financial risk on your behalf. 

Claiming against your employer for osteoarthritis should not put your job at risk. Your employer is not allowed to dismiss you simply because you make an osteoarthritis compensation claim.  Employment law protects you from this, meaning if they do, you could make a constructive or unfair dismissal claim.

There is a time limit for starting your osteoarthritis compensation claim. This applies to all types of personal injury claims. You must make your osteoarthritis claim within three years of the date you developed the condition or the date of knowledge. The latter is the day you become aware that you suffer from osteoarthritis. However, as with any personal injury claim, it is advisable to start your claim immediately. This means that your solicitor can process everything they need to as soon as possible to try to get a successful compensation claim.

The length of time to complete your osteoarthritis claim depends on the details of your claim. For example, if evidence is easy to gather it could be quick as well as where the other party admits liability. However, if liability is denied and evidence is tricky to gather, the claim will take longer. This is why you must start the claims process as soon as possible.