Arm Injury Claims *

Arm injury claims * can come from any type of accident, from accidents at work *, to car accidents * and accidents in public places *. Claims are usually made for injuries such as repetitive strain, crush injuries, fractures or tendon injuries *. The arm is the area from the shoulder down to the wrist. Injuries range in severity and can affect the upper arm, elbow, wrist and forearm. Arm injuries can cause disruption to a person’s life and their ability to carry out simple everyday tasks. The impact that is caused by any kind of arm injury can be very serious and in some cases life-long.

In order to have a successful claim, you must be able to prove that you did not contribute to your injuries. It must be proven that another party acted in a negligent manner which in turn led to the injuries. Not all arm injuries are caused as a result of an accident and may be caused by accidents at work or overuse.

Common Injuries

Breaks and fractures
Dislocations and sprains
Bicep Tendonitis
Torn muscles
Amputations
Crushing Injuries
Loss of function
Soft tissue damage
Hand Arm Vibration Syndrome
Burns and lacerations
Nerve Damage
Carpal Tunnel Syndrome

Arm Injury at Work *

Arm injuries at work can be caused by a number of different types of accidents. The industry and environment that a person works may play a role in the type of accident they have. Some work environment, such as construction, may be more susceptible to accidents and injuries when compared to somebody who works in an office. Having said that both do have their own set of risks that may affect a person’s arm. The most common types of arm injuries at work are:

Crush Injuries *
Manual Handling Injuries *
Overreaching Injuries *
Repetitive Strain Injuries *
Injuries related to Personal Protective Equipment *

Making a Claim

Report the injury to your manager. They will need to record the details of the incident, you may also request a copy of that report.
Document the incident. Take pictures of the scene of the accident, clearly showing the cause of the accident when applicable.
Don’t forget to seek medical attention, even in cases where the injury may seem quite minor, if not treated it could progress into something more serious.
Contact a workplace accident solicitor * if you are pursuing a claim and not sure of the next steps.

Arm Injury in a Car Accident *

There is a multitude of possible injuries associated with a car accident * and most people will immediately think whiplash when it comes to road accident injuries. The arm is also at risk from certain injuries, particularly in cases of a side collision and the most common of these are:

Humerus Fracture (Crack or break in the upper arm) – this can occur when the arm takes the full force of the impact, for example when holding the steering wheel. In some cases, the end of the Humerus bone may suffer a fracture which can cause damage to the joint and cartilage which can lead to stiffness, pain and in some cases arthritis.
Ulna or Radius Fracture (Crack or break of both bones in the forearm) – this can occur when the arm is outstretched during the accident
Olecranon fracture (tip of the elbow) – this bone can become fractured or even dislocated during a car accident.

Making a claim

Call the Gardaí – after you have checked that yourself and passengers are ok, you must call the Gardaí to report the incident
Call an ambulance – in more serious crashes, or where people involved have suffered injuries, it is advisable to call an ambulance to attend the scene
Gather information – ensure that you have all the necessary details of the accident before leaving the scene. These details include:
1. Details of the other driver
2. Details of any emergency service workers at the scene
3. Take pictures of the scene and any injuries sustained
4. Time and date of the incident
5. The exact location of the incident
6. Weather conditions at the time of the incident
Contact a road traffic accident solicitor * if you are pursuing a claim and unsure of the next steps involved.

Arm Injury in a Public Place *

The most common accidents in public places are slips, trips and falls and are usually caused by the negligence of another party. There are many different types of injuries a person can sustain from a fall and in cases where a person injures their arm in a trip and fall accident * the following are the most common of injuries:

Shoulder Injuries – the shoulder can take a large proportion of the impact in a slip and fall incident *, which could lead to fractures, breaks, dislocations and long-term recuperation to regain normal shoulder function.
Elbow Injuries – with little time to brace yourself for impact in falling on your elbow can lead to breaks, fractures and in turn join or cartilage issues
Wrist injuries – in cases where a person falls and uses their hands to break their fall the impact the wrist takes can cause breaks, fractures and sprains.

Making a Claim

Notify the manager/owner of the public place in which you sustained your injury. For example, if you slipped and fell in a supermarket on a wet floor, you would report your accident to the manager on duty.
Document the incident by taking pictures of the scene and the cause of the accident and any injuries sustained.
Take details of any witnesses to the accident
Seek medical attention – if you pursue an accident claim, you will need proof of your injury by way of a medical report from the doctor that treated you.
Request CCTV footage (if applicable) – if CCTV is available and the owner is not willing to share this with you a solicitor can request if via a data access request obliging them to release the footage.
Contact a public liability solicitor * if you are pursuing a claim and unsure of the next steps.

Claim Time Limits

The general timeframe to make a personal injury claim * is two years from the date of knowledge of your injury. The date of knowledge of your injury in some cases will be the day of the accident, but in cases where an injury does not show symptoms for some time after the accident the date of knowledge is considered to be the day you realised you were injured and your 2-year countdown begins at that date.

Children under 18 are an exception to this rule. A child cannot submit a claim themselves and must wait until their 18^th birthday, from which they will also have two years to make a claim. However, a parent/guardian can submit a claim on behalf of the child before their child reaches 18.

Case Settlement

If you do decide that you want to bring a claim to the Injuries Board you may be entitled to a legal remedy along with any additional expenses known as damages;

General Damages: Non-financial damages for pain and suffering and/or physical and emotional damage as a result of the injury.

Special Damages: Out of pocket expenses incurred as a result of any injuries. This may include loss of earnings, medical bills and any added travel costs as a result of the effects of the injury, such as travel to and from the hospital.

Settlements take certain aspects of the injury and any effects of the injury into account when assessing a claim for compensation. This includes:

Pain/suffering and loss of quality of life
Past loss of earnings
Medical bills as a result of the injury
Loss of future income caused by the injury
Cost of future medical care

TELL US ABOUT YOUR CASE

If you are considering making an arm injury claim * and would like more information on this topic you can contact our solicitors on 01 649 9900 or email ask@traceysolicitors.ie for a confidential discussion.

With over 30 years’ experience, Tracey Solicitors ensure not to overwhelm you with legal jargon and can provide you with legal advice and guidance with your best interest at heart, in a language that you can understand.