Claiming compensation for an Achilles tendon injury


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By Oliviah Rix-Taylor

on Thursday 9 August 2018


tendon x ray

Achilles tendon injury

An Achilles tendon injury can happen to anyone, whether you’re an athlete, or just going about your daily life.

The Achilles tendon is located just above the heel of your foot, and attaches the calf muscle in the lower leg to the heel bone- it passes at the back of your ankle. If the tendon is strained or ripped it can be extremely painful.

An Achilles tendon is most commonly injured when a person’s foot is suddenly flexed upwards or downwards, or beyond its normal range. However, injury can also occur through direct trauma, or when the ankle is twisted.

Achilles tendon injuries also produce musculoskeletal disorders (MSDs) which affect the muscles and tendons in the ankle. MSD’s affect a significant number of people in the workplace. The Health and Safety Executive (HSE) recorded 507,000 cases in 2016/17.

If you have suffered an Achilles tendon injury in the last three years, and someone else is to blame, then we could help you to make a claim for compensation.

 

The main types of Achilles tendon injury are:

  • Sprain

  • Strain

  • Tendon rupture- a full or partial tear in a tendon

  • Tendonitis- inflammation

  • Tedinopathy- gradual deterioration of a tendon

  • Tenosynovitis- inflammation of the protective sheath surrounding a tendon

 

To gain an insight into how much you could claim, your ‘No Win No Fee’ Solicitor will instruct an independent medical expert to complete a report with a description of the injuries you have sustained, whether any problems will be permanent, and what options you may have. The medical report will be arranged at no cost to you, and this information is used to support your claim, and value your injuries.

 

Proving liability (fault) for your injury

In order to have a successful personal injury claim, your solicitor will need to prove the liability (fault) of the person you believe is responsible. Your Solicitor will be highly experienced in this type of claim, and in proving liability of third parties.

 

Achilles tendon injury sustained at work

Employer’s have a legal duty of care to ensure the safety of employees. Your employer could be held liable under the Workplace (Health, Safety and Welfare) Regulations 1992, for an injury sustained in the workplace, or for harmful working tasks or practices.

The Health and Safety Executive (HSE) defines an employer’s responsibility as:

“Making sure that workers and others are protected from anything that may cause harm, effectively controlling any risks to injury or health that could arise in the workplace”.

To make a successful claim for a workplace accident, your Solicitor will work to establish that your employer was legally responsible for the accident, and that your injuries resulted from the accident. In some cases, an employer can be held liable for simply failing to act, when they should have.

 

Achilles tendon injury in a public place

If your injury has occurred in a public place, and was not your fault, even if you are not sure who may be liable for your injury, you may still be able to claim.

Your Solicitor will evaluate the evidence to determine the liable party for your claim, such as: the cause of your injury, who is responsible for the land the injury occurred on, and should action have been taken to prevent an injury occurring.

 

Failure to diagnose an Achilles tendon injury

A medical professional failing to correctly diagnose an Achilles tendon injury can also give rise to a claim. If the appropriate tests are not carried out, then it is possible that your doctor may incorrectly diagnose you with having suffered a sprain.

Further, failing to correctly treat an Achilles tendon injury/rupture could also give rise to a claim. This could mean additional pain and suffering for you, with an increased chance of the tendon re-rupturing at a later date.

 

Achilles tendon recovery time

The recovery time depends on the type of Achilles injury you have, but Achilles tendinitis could take a few weeks of rest to recover, whereas a rupture could take up to a year or even longer. It is important that you consult a Doctor as soon as possible, if you think you may have an Achilles tendon injury.

 

How much compensation could I have?

The level of compensation awarded will depend on:

  • The extent to which ankle movement is restricted as a result of the Achilles tendon injury

  • The effect of the injury on your personal/social life; such as whether you have to stop playing sport

  • The extent of any lasting pain or discomfort

  • How long you have taken to recover (if recovered)

  • The extent of any disfigurement

You can claim compensation for General damages, which are pain, suffering or emotional discomfort, and the effect on your life. You can also claim for Special damages, which are financial losses such as lost earnings, cost of care, travelling costs and medical expenses.

Compensation pay-outs for an Achilles tendon injury can vary from usually between £5,000- Over £25,000 but it depends on severity of injury. See our payout guide below;

Severity Compensation
Moderate£10,040 to £16,800
Serious£19,920 to £23,980
Most SeriousIn the region of £30,630

 

Do I have to pay anything?

There are no upfront costs in making a claim with one of our ‘No Win No Fee’ Solicitors. Your Solicitor will send you an agreement called a ‘Conditional Fee Agreement’, which means that there are no hidden legal costs, and your Solicitors costs are paid in the event of a successful claim. The Solicitor is then entitled to a success fee (usually 25%) out of your compensation payment.

If your claim is unsuccessful, there is nothing for you to pay.

Call us today to start your claim for compensation.

 

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