Elbow Injury Compensation Claims

Elbow injuries can be some of the most debilitating injuries imaginable. We use our elbows every day when writing, lifting, and even resting. So, even with a minor elbow injury, you may be unable to work for a long time.

It is even possible that you could be left with a permanent disability, dramatically affecting your personal life. Injuries such as repetitive strain injury, tennis elbow syndrome, and elbow pain are all debilitating injuries that can cause great amounts of pain and suffering.

There are ways to claim compensation after an elbow injury to help alleviate the costs of being unable to work. However, the claims process can be complicated. This makes it difficult to get the injury compensation you deserve. In this article, we will discuss some of the challenges that come with making elbow injury claims.

Firstly, we will discuss the various kinds of elbow injuries and what claims you may be able to make.

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Elbow Injury Compensation Claim Types

There are several different varieties of elbow injury claims. There are specific types of injuries we're going to focus on today. That is, elbow injuries at work, due to a motor accident, and injuries caused by a slip and fall.

The throughline between each of these types is that you are owed compensation if you suffer an elbow injury due to someone else's negligence.

Elbow Injury At Work
Suffering an elbow injury at work can be incredibly painful, especially depending on how severe the injury is. Broken elbows and torn ligaments can leave you unemployed for months while you recover.

As mentioned previously, even comparatively more minor injuries such as Repetitive Strain Injury and Tennis Elbow can significantly impact your quality of life, making it hard to perform the same routine tasks as you did before. As such, receiving the maximum compensation is necessary to have peace of mind when recovering.

When making a compensation claim for injuries sustained at work, keep the following in mind:

Employers are most responsible for any injuries. While all employees have a moral responsibility to protect their co-workers, the employer is legally liable for any injuries suffered on the job. If you suffer a fractured elbow, for example, your employer will usually be liable.

The Duty of Care. Employers have a duty of care towards their employees, meaning they must take reasonable steps to protect their employees' well-being. Reasonable steps include providing sufficient training, a safe working environment, and necessary equipment.

Injury claims must be from injuries caused by the job. You must prove that any elbow injuries were caused by an event or series of events related to the job. While this is relatively simple when discussing trips and falls, liability for longer-term problems can be harder to determine.
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Elbow Injury Due To a Motor Vehicle Accident
During car accidents, your elbow and arm may experience high levels of trauma. Sprains, Tennis Elbow, and more serious elbow injuries, such as when the elbow bone breaks, are unfortunately common.

The effects of accidents can take months, if not years, to recover from. Claiming after a car accident has several complicating factors, including:

Who was at fault? Determining who is at a fault in an accident is essential when distributing compensation. However, responsibility is not always clear. In some cases, a reckless driver may be the direct cause of a car accident. In other circumstances, poor construction practices or a lack of signage may mean the blame lies elsewhere. Therefore, finding fault in these cases can be a complicated process

Injury Attribution. It can also be difficult to attribute how much of an elbow injury was caused by an accident or exacerbated by it. For example, if you suffered from sporting injuries beforehand, an insurance company may argue that the accident did not cause the injury, only made it worse. These factors affect the amount of compensation you may be entitled to.

Find out more about making a car accident compensation claim.
Elbow Injury Caused By Slip And Fall
While not the most dramatic, many elbow injuries are caused by simply falling down and landing on your elbow. A fall accident can cause many common elbow injuries, such as elbow fractures, muscle or tendon sprains, and elbow hyperextension (a form of severe over-stretching).

One major complicating factor when discussing slips and falls is:

Injuries in Public Places. If you have a slip and fall, it is more likely to be in a public place. In these cases, the owner or manager of this public place may liable for any injuries you sustain if they did not take sufficient steps to prevent it. However, if all proper steps were followed and you were still injured, you may be held partly liable.
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What Evidence is Required to Make an Elbow Injury Workers' Compensation Claim?
When you are filing an elbow injury claim, you need a variety of evidence to make sure that your case is as strong as possible. Some types of evidence that you should collect before making a claim include:
Medical Records/Images:
Medical information is some of the most important evidence when making a claim. This kind of evidence can include X-Rays of your injury or records of surgeries you have or will undergo. By providing this evidence, you can show solid proof that your elbow injury is real and debilitating. If you require medical treatment while recovering from an elbow injury, make sure to keep track of all relevant documents.
Expert Testimony:
Expert testimony, such as from a doctor experienced in this field, is another way to strengthen your claim. This testimony can help convince a court of the veracity of your elbow injury and the necessity of your claim.
Witness/Character Testimony:
While not as reliable as medical records, witness testimony can help corroborate your account. Character testimony can also be valuable when trying to prove pain and suffering. For example, testimony from family, friends, and coaches, can be used to demonstrate the mental strain caused by the elbow injury when claiming pain and suffering.
The Accident Scene:
The scene of the accident is perhaps the most vital piece of evidence. By keeping detailed records of the accident scene, you may be able to demonstrate unsafe practices or a lack of care. For example, if you suffered elbow injuries while at work, having a few images of the accident scene can strengthen your case significantly.
How Much Does it Cost to Lodge an Elbow Injury Compensation Claim?
While many attorneys operate on a no-win, no-fee principle, you may have to pay a fee to lodge a compensation claim for an elbow injury. There are several fees that you may have to pay when bringing your case to court:
Court Filing Fees: Court costs are a small fee used to help the court conduct its business. For example, you may be asked to pay a fee to help pay for the juror's stipend. However, these fees rarely cost more than a few hundred dollars.
Expert Witness Fees: If you need to call in an expert witness to help with your case, you must pay for their time. In an elbow injury case, you may request an expert in the field to appear in court. While this will likely strengthen your case, it could cost hundreds of dollars per hour, rapidly running up a big bill. Some examples of expert witnesses include personal injury specialists, medical experts, etc.
Administrative Costs: While these costs, which include printing, postage, and travel, are usually low, they can quickly become costly in a personal injury case. For cases that drag on for several years, the costs of printing testimonies, evidence, and other pieces alone could easily cost hundreds of dollars.
Is There a Time Limit for Making an Elbow Injury Compensation Claim?
Yes, there is a time limit for making an elbow injury compensation claim. The statute of limitations for a personal injury claim is between six months and three yearsfrom the date of the accident, depending on the circumstances surrounding the claim.
How Long do Elbow Injury Settlements Usually Take?
Several factors will determine how long it will take for your claim to be processed. The three main factors you should keep in mind are:
The size of your claim: As we will discuss later in this article, elbow injury compensation can quickly rise to over 100,000 dollars. Medical expenses from a broken elbow, for example, are incredibly costly on an individual level. However, they also cost insurance companies a lot of money. Therefore, everyone involved will want to get as much evidence as possible, which can grind a case to a halt.
The extent of your injuries: In many jurisdictions, you will not be able to make a claim or appear in court until you achieve what is called Maximum Medical Improvement - a point beyond which medical treatment is unnecessary. Unfortunately, recovery times can be long with elbow injuries and may even require surgery. Elbow strains, soft tissue injuries, and other common injuries can take months to heal - further delaying your day in court.
Any factual or legal problems with the case:  This final reason causes the majority of delays. Personal injury claims are surprisingly complicated; you may need to call expert witnesses and use a medical report throughout your case. If there is a disagreement between the claimant and the defendant about the facts of the case, this can cause proceedings to drag on, possibly for years.While many people choose to settle personal injury claims outside of the courtroom, these are some issues that you should keep in mind if you wish to claim compensation in the courtroom.
What Are The Average Payouts For Elbow Injury Claims?
As discussed above, a severe elbow injury can be one of the most debilitating injuries one can face. Thankfully, if you do have a strong case, you should be able to recoup some of the loss caused by the injury.

How much compensation can you expect? Well, elbow injury compensation amounts vary depending on the severity of the injury - elbow dislocations and elbow breaks are usually compensated more heavily than elbow strain, for example. In Australia, Whole Person Impairment is the standard used to determine how much compensation you are owed based on your injury. The circumstances surrounding the injury can also affect payouts (e.g. were you working in an unsafe environment).

Even so, most injury payouts start around at least $20,000. However, this would be quite a low number. In reality, the average payout is between $50,000 and $150,000,  with maximum compensation usually approaching $200,000 at most.
Can I Represent Myself When Making an Elbow Injury Workers' Compensation Claim?
Yes, you are legally allowed to represent yourself when making an elbow injury claim. Even so, many legal firms do not recommend doing so. There are several reasons for this, including the strict procedures, the difficulty of attaining evidence, and the legal team working for your insurer to keep payouts low.

As such, while it is possible to represent yourself, it is not recommended. If your claim is successful, most legal firms will take between 10% and 20% of the payout for your elbow injury. Our firm is exceptional in this regard; we pride ourselves on bearing the brunt of costs for our clients to make sure they get the compensation they deserve.
Lodge A "No Win No Fee" Claim
If you suffer injuries while at work, you don't have to worry about the whole process of making your claim or the legal fees involved. Here at Smith's Lawyers, we offer free consultation services for injured workers looking to kickstart their claims. As mentioned before, we also have a no-win no fee, no catch policy.
Get in touch with us to give yourself the best opportunity to receive the maximum compensation possible for your claim.
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