INJURY*

Elbow Injury Claims*

Elbow injury claims* are a common form of personal injury claim* and can happen as a result of accidents at work, in a car or slip and fall in a public place*. Some elbow injuries are instant can while some may develop over time, as a result of repetitive strain or overuse.

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Who is Liable?

In some cases, elbow injuries can create long-term problems and can lead to reduced mobility and movement of the elbow for some time.

It is important to note that claims made for elbow injuries* are processed as a personal injuries claim* through the Injuries Board. Prior to submitting your claim, it is important to determine who is liable for the injuries you have sustained. This is an important but sometimes confusing first step, one which a solicitor may be best placed to help you with.

In some cases, it can be difficult to determine who is liable as this will vary depending on the circumstances in which the injuries were sustained. The most common places where elbow injuries are sustained are through an accident at work* or a sip and fall accident*.

Elbow Injuries at Work*

Liability for the majority of accidents at work is placed on the employer. All employers have a duty of care to ensure the health and safety of employees during the course of their work. They are required to take reasonable steps to ensure that hazards are eliminated and that the working environment is both safe and practical for the work that is to be carried out. They should ensure that all employees are made aware of the health and safety regulations which are in place as this can help to prevent accidents required to provide employees with the correct training that is needed for them to carry out their jobs correctly. Failing to show a reasonable level of duty of care and acting in a negligent manner could lead to workplace accidents and injuries which an employer could be found liable for.

Causes include:

  • Slip, trip or fall in work
  • Lack of or defective personal protective equipment needed to carry out your role
  • Inadequate training for your role
  • No manual handling training
  • Lack of tools needed to carry out your role
  • Failure to provide a safe working environment
  • Inadequate lighting
  • Uneven walkways
  • Broken handrails in your place of work
  • Repetitive strain injury
  • Overuse injury
  • Falling from a ladder
  • Overreaching injuries – usually caused by lack of equipment needed to carry out a role
  • The employer fails to provide adequate breaks to employees

Elbow Injuries in a Public Place*

Accidents in a public place are quite common and in many cases, the owner/manager/company occupying the premises is liable for the accident. Public spaces, whether it be shops, public parks or business premises are required to ensure that all potential hazards are eliminated to ensure a safe environment for visitors to that space. If it is found that an accident occurred as a result of failing to take reasonable steps to ensure the health and safety of visitors then they may be found liable. It is important that if there are any accident risks which cannot be dealt with immediately that there are signs in place to make people aware of this, such as a wet floor sign after a spillage or after the floor has been cleaned. This is an important step in helping to prevent accidents. If a member of the public has contributed to the cause of the accident they may be found partly responsible for any injuries which have been sustained.

Causes include:

  • Slip and fall on a wet floor where there was no caution sign in places like a supermarket, pub or bar, nightclub, petrol station forecourt or any other business premises
  • Spillage that was not cleaned up or not cleaned up in an appropriate timeframe – these are most likely to happen in shops, supermarkets, pubs, bars and nightclubs
  • Uneven surfaces
  • Poorly maintained paths and public facilities – in public parks or playgrounds for example
  • Broken or absence of handrails needed for balance
  • Tripping on obstacles left on the floor such as cables from electrical units or boxes left in walkways
  • Inadequate lighting

Common Injuries

Breaks and Fractures

In some cases, breaks and fractures can be quite serious and can cause damage to the Ulnar Collateral Ligament (UCL). This can be a long-term injury which can cause pain and discomfort to the elbow for some time. The main cause of this injury is trips and falls or sports injuries. In more serious cases, surgery may be required for a broken elbow.

Repetitive Strain Injury (RSI)

This is a disorder which causes pain and discomfort in the tendons of the upper body. RSI is very common among those who may be carrying out repetitive tasks over an extended period of time. This injury can cause chronic pain and discomfort for those affected. Common symptoms include pains and aches and a tingling sensation and weakness in the injured area.

Lateral Epicondylitis (Tennis Elbow)

This is caused by movements which repetitively stretch tendons and it affects the tendons on the outer side of the elbow. Tennis elbow symptoms can include pain and discomfort in both the arm and elbow and may also cause limited movement of the elbow. This is a common overuse injury which may be caused in many different circumstances.

Medial Epicondylitis

This injury is characterised by pain in the elbow down to the wrist on the inside of the elbow. This is caused by damage to the tendons which allow movement of the arm.

Bursitis

Bursitis is the name given to the injury when the bursa becomes inflamed. The bursa acts as a cushion between the bones, muscles and tendons. Common symptoms can include swelling of the affected area and a feeling of stiffness in the arm.  The most common cause of bursitis is carrying out repetitive activities which put pressure on the elbow and arm.

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How do I make a claim?

Once you have gathered all the relevant information in relation to your injury it is then time to move forward with your claim. It is important to use a personal injury* solicitor to help you with this.

  1. Prepare the information for a solicitor

    When you decide you want to move forward with your injury claim* it is important to have all the relevant information to hand when contacting a solicitor. Important information to have on hand at this point is:

    • Date of the accident
    • Location of the accident
    • Details of who/what caused the accident
    • Specifics of what happened
    • Who did you report the accident to?
    • If any emergency services attended the scene, and their details
    • Details of your injuries
    • Hospitals/Doctors attended with your injury
    • Any pictures you may have taken of the scene of the accident and/or your injuries
    • Details of any witnesses
    • Is there CCTV that may have captured the accident?
  2. Solicitor becomes your trusted advisor

    As a solicitor is aware of the injury claim* process they can avoid any legal bumps in the road you might encounter if you did this yourself. It is their job to be your trusted advisor on all legal matters throughout your case.

  3. Solicitor obtains a medical report

    The most important document needed to prove your injuries is your medial report. The reason a solicitor will ask for your doctor’s details or if you have attended the hospital is so they can obtain all the medical reports required to pursue the case for you.

  4. Solicitor prepares the Injuries Board application

    As soon as your solicitor has gathered all the information, your injury claim* will be submitted to the Personal Injuries Assessment Board for assessment. You solicitor will do this for you. Once the Injuries Board assess your claim your solicitor will revert with a suggested settlement amount. At this stage you have a choice to accept the Injuries Board assessment or reject it and move the next steps.

    At this point one of two scenarios will unfold:

    a. If both you and the party at fault accept the Injuries Board assessment, your case is settled and the person at fault will be ordered to pay settlement to you.

    b. If either you or the person at fault reject the Injuries Board assessment, then you move to the next stage and your solicitor will issue legal proceedings.

  5. Possible case outcomes

    Before you start to concern yourself with court and everything that comes with it, it’s important to understand that only a very small percentage of cases actually make it to a courtroom.

    Settlement meetings will be arranged where a settlement can be negotiated. Most cases are settled at this point without ever having to step foot into a courtroom and remember it’s your solicitor’s job to be with you every step of the way, right beside you to ensure that your best interests are met at all stages. Your solicitor is to be your trusted advisor throughout the process and to let you focus of your recovery, as they focus on settling your case.

At Tracey’s we make law accessible to all — regardless of your knowledge or experience with the claims process. For more information and a confidential discussion on your car accident, phone 01 649 9900 where you can speak with a member of our team straight away, or email ask@traceysolicitors.ie to tell us about your case.

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Case Settlement

If you are to proceed with an injury claim* you may be entitled to claim compensation for the injury and added expenses you may have incurred. These claims are called damages.

General Damages

General damages are non-financial damages such as pain and suffering and/or physical and emotional injuries following an accident*.

Special Damages

Special damages are out of pocket expenses incurred as a result of the injury*, for example, loss of earnings (if you are out of work), medical bills, and added travel costs as a result of the injury (for example, travel to and from the hospital). Learn more about Special Damages

Material Damages

Material damage refers to damage caused to your personal property. For example, in a road traffic accident, the material damage would be the damage to your car.

What are the Legal Time Limits?

The statute of limitations are the legal time limits on how long you have to make a claim — these vary depending on the situation. The general rule for most personal injury cases* is that the person has two years from the date of the accident or date of knowledge of the accident* to make a claim for compensation. Contacting a solicitor to discuss your case will help you in determining how long you have left to make a claim.

Learn more about Time Limits

About Tracey Solicitors

We draw on more than 30 years of experience in personal injury law to provide you with expert advice and legal services.

We’re here to help you with your claim, and will work with you to ensure you understand every step of your legal journey.

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Our friendly and experienced team are waiting to answer your call. Lines are open Monday to Friday, from 9am to 5pm.

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