Have you recently had a motor vehicle accident or suffered injuries due to a workplace accident or a slip and fall? Are you suffering from swelling and inflammation in your joints?
You may be experiencing bursitis and may have a very good case to claim compensation. Read our guide to find out if you're eligible to make a bursitis compensation claim.
Fill in the form below to find out if you have a claim.
Bursitis Compensation Claim Types
Bursitis Injury at Work
There are certain types of work-related activities that can trigger bursitis, such as:
- Production-line packing
- Carpet or tile laying
- Labouring
- Mechanical work
- Landscape gardening
Any job that requires repetitive motions and abnormal posture can increase the risk of workers developing conditions like bursitis.
The symptoms associated with bursitis may cause tremendous pain and discomfort which can prevent sufferers from working or participating in activities they enjoy. If you develop a condition like bursitis at work, you may be entitled to seek compensation for the distress, pain, suffering as well as loss of salary due to possible extended time needed from work to recover.
The pain associated with bursitis may be severe, particularly if you have developed calcium deposits. You should seek treatment if you suspect you are suffering with bursitis. The treatment may include taking anti-inflammatory medicines, icing, and avoiding any activity that aggravates the condition. All of which may require lengthy time off work to heal properly and avoid reoccurrence.
If you have injured yourself at work and need time off to recover from your injuries, you may have a claim for workers compensation benefits.
Talk with an experienced to learn more.
Bursitis Injury Due to a Motor Vehicle Accident
If you have been involved in any form of motor vehicle accident, your body can suffer trauma due to the impact of the accident. Even if you were a passenger in a motor vehicle and sustain injuries, you may be eligible for a workers compensation claim.
During a car accident, you may knock certain parts of your body like your knee, shoulder or hip. These impacts can injure the bursa and the joints may become inflamed, causing bursitis to develop.
If you have suffered trauma to your joints, you may be at risk of developing sudden inflammation and swelling. A joint injury due to a car accident can also affect your range of movement and cause you undue pain where you may have to avoid certain movements altogether.
Unlike other car accident injuries, such as broken bones, bursitis can be tricky to diagnose and to connect back to your accident. The symptoms of bursitis may not appear immediately after an accident. Instead, you may begin to notice stiffness, pain, or swelling in the hours or days following the accident.
If you experience disabling joint pain and redness or swelling, or even fever after a car accident, then you should seek immediate medical treatment, ensuring you let your doctor know the circumstances by which you have suffered your injuries. You will need proof of your injuries in order to complete a bursitis compensation claim.
Talk with an experienced car accident lawyer for more information.
Bursitis Injury Caused by Slip and Fall
Slips and falls can happen to anyone at any time, you don’t expect them to occur and you can’t prepare for them in order to lessen your injuries. One minute you could be going about a regular activity like grocery shopping, and the next you’re on the floor with an injury.
If you slip or fall with great force, you are at risk of causing injury to your joints, you may also fall very heavily onto something and cause yourself blunt or sharp trauma. These kinds of traumatic falls or slips can cause bursitis to develop. During a fall, your hips, knees or shoulders often take the brunt of your slip or fall, all of which can be susceptible to bursitis developing due to the trauma.
If you are suffering from bursitis due to a slip and fall, you may be feeling extreme pain or aching and affect your ability to partake in everyday activities. If you slip and fall in your workplace or in a public place you may have cause to claim for bursitis compensation.
Common Causes of Bursitis Injuries
Bursitis is a painful condition that affects the bursae we have in our bodies. Bursae are fluid-filled sacs that cushion the bones, tendons and muscles near your joints. When these cushions become overworked, they can swell, causing painful joint inflammation—which can be acute (short-term) or chronic (long-term), depending on the amount of damage done to the bursae.
Bursitis usually occurs near joints that perform repetitive motion and result in what is commonly known as a repetitive strain injury. Examples include:
- Throwing or lifting something over your head repeatedly
- Leaning on your elbows for long periods
- Kneeling for tasks such as laying carpet and tiles or scrubbing floors
You may also suffer bursitis due to injury or trauma in the affected area, inflammatory arthritis such as rheumatoid arthritis, gout and infection. When you suffer from bursitis it can be debilitating and have a serious impact on your quality of life.
What Evidence is Required to Make a Bursitis Injury Workers Compensation Claim?
If you have inflammation and pain in your bursae then it’s important to seek medical attention and have your doctor assess you in order to determine if you have developed bursitis. When you see your doctor, ensure you let them know how you sustained your injuries. Any notes your doctor makes about your injuries can be used to assist with your bursitis compensation claim.
A bursitis diagnosis may include investigating and ruling out any other possible causes. Tests performed to confirm or rule out bursitis will be detailed in a medical report and can include:
- Physical examination
- Medical history
- X-rays and other scans, to rule out the possibility of any other conditions
- Ultrasound
- Taking fluid from the bursa to rule out the possibility of infection
In the initial stage, all evidence of appointments, results and reports from the above appointments are important to keep and share with your lawyer. In addition to this, any documentation in relation to any time taken off work, any service you have engaged to perform activities that you would normally have, had you not sustained your injury, either through work or privately, should be kept.
Due to the nature of bursitis and the length of time it may take for your injury to surface and cause you problems, may impact your ability to claim. The laws surrounding bursitis compensation claims can be confusing and hard to understand without any prior legal knowledge. It’s important to seek expert legal assistance to ensure you get the right advice for your situation and to ensure your rights are protected when you claim compensation.
How Much Does it Cost to Lodge a Bursitis Injury Compensation Claim?
As with any personal injury claim, no two claims are the same, and costs vary. Therefore, when dealing with a No Win, No Fee firm, it is important to understand how the fees are calculated.
At Smith's Lawyers, we offer a ‘No Win. No Fee. No Catch’® promise on completing all personal injury claim types, which means there are no upfront costs and you will never be left out of pocket making a bursitis claim. Fees are calculated on the amount of work done and will be explained to you in full before your no win no fee claim commences and before you sign any kind of agreement.
Frequently Asked Questions
Is There a Time Limit For Making a Bursitis Compensation Claim?
If you have been injured in the course of your work, in a motor vehicle accident or in a public place and you’re suffering with bursitis injuries, you should seek legal advice and act promptly, strict time limitations apply for all personal injury claim types. Seeking legal advice will ensure your legal rights are protected and not lost due to missed time limits as a part of the legal claims process.
How Long do Bursitis Settlements Usually Take?
Settlement timeframes for a bursitis claim are very much dependant on individual circumstances; bursitis injury can affect everyone so differently.
Bursitis may take a lot of time to recover, depending on the type of work you do you may have to rest and recover for a long period of time. This can affect the length of your claim, as the injury must be deemed to have reached maximum medical improvement before settlement.
Claims generally take between 18 - 24 months, however, in some cases it can take lesser time or significantly longer, depending on the injury.
Your personal injury solicitor will be able to provide an estimate of the timeframes you can expect once they have fully reviewed your claim and have a thorough understanding of the impacts of your injuries and the way forward claiming compensation payouts you deserve, under a ‘No Win. No Fee. No Catch’® bursitis claim.
What Are The Average Payouts for Bursitis Injury Claims?
How much compensation you can claim for is dependent of many factors. The severity of your injuries, time off work and how your injuries affect your everyday life are all factors that may contribute to your payout.
If you run a 'Common Law' claim, you are able to recover for:
- Previous lost income and superannuation
- Future lost income and superannuation
- General damages: pain and suffering
- Past and future medical expenses
It's important you are aware that bursitis compensation amounts can vary significantly, and therefore we recommend caution in relation to receiving payout estimates before or even for the greater part of your claim.
Can I Represent Myself When Making a Bursitis Workers Compensation Claim?
Seeking legal advice isn’t required to make any personal injury claims in Queensland, you are more than able to represent yourself for bursitis claims. However, self-representation is generally advised against, due to:
- Significant amount of work and time required to run a claim (even by experienced, knowledgeable lawyers)
- Lack of experience running claims, leading to poorer outcomes
- Lack of knowledge that is needed to run a personal injury claim
- Reputation with insurers who may assume you are not willing to run to train, and may exploit this
Our team of experienced personal injury lawyers will be able to guide you through the compensation legal process and assist you to obtain and access all possible avenues of compensation.
Having an experience lawyer on your side will help you to navigate the complex legal landscape and ensure that you receive the compensation you deserve.
Get expert advice today
To check your compensation entitlements, request a free case review with our expert lawyers. We can explain your options to Bursitis Compensation claims so you are clear on your rights during this difficult time.
Fill in the form below to find out if you have a claim.
Disclaimer: This information is designed for general information in relation to Queensland compensation law. It does not constitute legal advice. We strongly recommend you seek legal advice in regards to your specific situation. For help understanding your rights, please call 1800 960 482 or request a free case review to talk to one of our lawyers today.