Close up shot of someone's elbows

Can I Claim Workers’ Compensation For An Elbow Injury?

Did you know that although only being host to three bones, our elbow is used to perform even the smallest of daily tasks? When our elbows are injured, it can subsequently be an inconvenient, expensive and even debilitating experience.

If your elbow injury has been sustained in the workplace, you may be eligible to receive the compensation you deserve. Workers’ compensation provides support to cover loss of wages, medical fees and other damages to help you make a full recovery.

 

Types of Workplace Elbow Injuries

Whilst falls and accidents can be the source of many elbow injuries, it is actually repetitive motions and overuse that are the greatest threat.

The types of elbow injuries usually sustained at work include:

Tennis elbow (lateral epicondylitis or tendonitis)

Tennis elbow occurs when the tendons in your elbow are overloaded from the repetitive motions of your wrist and arm. Most common in plumbers, painters, carpenters and butchers, the condition is treated with rest and pain medication. In serious cases, surgery might be required to heal the tendons and nerves. This injury is difficult to claim compensation for.

Trauma to the elbow

Elbow trauma includes blows, crushes or falls that affect the elbow. Like other trauma related injuries, severity can range from just bruises and tenderness to fractures. For this type of injury, healing could take several months. If the trauma is the result of someone’s negligence or a workplace accident, you may be eligible for compensation.

Bursitis

Bursitis occurs when the bursa (the fluid sac that helps minimise friction between ligaments) is inflamed. Usually the result of repetitive motions or overuse, it can take 2 to 8 weeks to heal with the help of strength training and rest. This injury is difficult to claim compensation for.

 

Common Causes of Workplace Elbow Injuries

These workplace injuries can be the result of a range of circumstances. The common cause of elbow injuries include:

  • overuse or repetitive motions
  • falls or accidents
  • improper lifting
  • awkward twist or movement

The conditions that bring about elbow injuries can usually be prevented by appropriate health and safety guidelines. Repetitive motions or overuse can be avoided through plenty of breaks and rests to limit the inflammation of your elbow. Proper training and safety protocols can help limit trauma to elbows from accidents, and limit improper lifting or awkward movements. Your workplace has a responsibility to provide relevant health and safety to protect you from injury.

 

Am I Eligible to Make an Elbow Injury Claim?

In the workplace, your employer has a duty of care to keep employees safe and healthy during work. You may be eligible for compensation if this elbow injury is the result of negligence and a failure to fulfil this duty of care.

You must provide evidence to support that the duty of care has not been met by your employers, such as witness statements, medical evidence, photographic evidence and accident reports.

 

How Much Compensation Will You Receive for a Workplace Elbow Injury?

The compensation you will receive from an elbow injury will vary case to case, depending on the damages caused and the severity of the injury. Firstly, you need to determine if you are eligible for workers’ compensation as each case is different. If you are eligible, the amount you can receive will depend on the circumstances of your injury, how long you are out of work, rehabilitation costs and numerous other factors. To find out where you stand, call GC Law now for a free no obligation appointment on 1300 302 318 or contact our expert legal team online today.

 

How Long After the Elbow Injury Can I Claim?

Workplace compensation claims must be made within six months of the injury. This timeframe can be extended to three years if circumstances can be proven that impacted the ability to make a claim sooner. In the case of latent onset injuries, you must make the compensation claim in the 12 months following diagnosis.

If you believe your workplace elbow injury has been due to employer negligence, you should reach out to legal support as soon as possible. GC Law can help you understand your eligibility and the evidence you need to keep.

 

How To Make an Elbow Injury Compensation Claim

A workplace elbow injury can impact your health and quality of life long -term. Compensation can ensure you receive the right support and treatment to minimise additional health issues and limit the severity of your injury.

We can help you understand the amount of compensation you are eligible for and your claim options throughout this stressful time. Receive a free consultation with a GC Law workplace injury lawyer to discuss claim options.

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