Claiming Compensation for an Orthopedic Injury


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By Oliviah Rix-Taylor

on Friday 19 October 2018


orthopedic therapy

The term ‘orthopaedic injury’ refers to a group of injuries comprising fractures, damage and tears to bones, muscles, joints, tendons, ligaments and nerves. In all cases, they are injuries which would cause you to see an orthopaedic surgeon or specialist.

If you have suffered an orthopaedic injury though a situation that was not your fault, then you may be entitled to make a claim for substantial financial compensation – at Accident Line Direct we can help.

What causes orthopaedic injuries that result in compensation awards?

Accident at work

While at work, your employer has a duty of care to provide a working environment that is safe, and that any hazards are properly sectioned off and signposted before being properly cleaned and dealt with.

If your employer has failed to comply with current health and safety regulations resulting in an accident that has caused you an orthopaedic injury, then you may be entitled to compensation.

Accident in a public place

Just like the employer’s responsibility in the workplace, owners of a venue (club, gym, supermarket etc.) have a duty of care to the public to maintain a safe environment. If an accident took place in a public area which has resulted in an injury to your bones or nerves, then you should be looking to claim compensation from the business or organisation in question.

Sporting injury

If you are part of a sporting team and suffer injury as part of your regular activity, or during a competition, then you may be able to claim compensation from the appropriate body responsible.

Suffering a sprain, break or other orthopaedic injury as part of a sporting event can have a considerable impact on your life, cutting down on the amount of sport you are able to undertake and even adding extra struggles to your daily life. Some orthopaedic injuries may not have very obvious signs but could result in a long-term and continuous level of pain.

Compensation exists to help you maintain your quality of life despite being involved in an accident. The financial help that may come from a compensation award can go a long way to helping you adapt to your recent injury.

Assault

Victims of an attack are entitled to make a claim for physical injury compensation, including orthopaedic injury, from their attacker. CICA, the Criminal Injuries Compensation Authority, exists to make sure that any justified compensation claim is upheld, even in the absence of the perpetrator of the crime or when they do not have the funds to fully pay for the compensation.

The victim should always receive their compensation and not become more of a victim due to the actions of their attacker.

Medical negligence

If complications occurred as a result of previously-unrelated medical care, leading to an orthopaedic injury, then you may be able to claim against the medical body responsible for orthopaedic injury compensation.

When dealing with medical negligence, especially regarding the NHS, it is important to make an air-tight case. To this end, it is important that you keep copies of any records and, if possible, write your own notes and diary detailing your situation and how it is dealt with. Keep track of the level of pain and how much affect it has on your daily life.

Medical and clinical negligence claims can happen due to any of the following:

  • Misdiagnosis of a condition

  • Delayed diagnosis leading to subsequent complications

  • Nerve damage due to surgery

  • Negligent surgery done on the wrong part of the body

  • Surgery undertaken without consent

  • Poor aftercare following surgery, especially after joint replacements (such as hip or knee)

How much can be claimed for orthopaedic injury compensation?

When determining the award value for any personal injury compensation, the courts use a set of guidelines to ensure fairness across different cases. These guidelines are used, as well as taking into account the amount of pain and suffering that has been endured, any future life-affecting changes, the costs of medical treatment, loss of earnings and more.

For a full detail of the guidelines, this chart is provided as reference:

Severity Compensation
Minor£1,950 to £6,290
Moderate£6,290 to £30,690
Severe£36,240 to £118,240

Does making a claim put my job at risk?

Your employer has a duty of care to make sure that you are safe and properly trained at work. If they failed in this duty you are entitled to make a compensation claim against the company with no impact on your working relationship. You cannot be sacked or in any way reprimanded for making a claim for compensation.

Many people also worry that making a claim could cause enough financial damage to a company that it will cause the business to fold or become bankrupt – this isn’t true and is a myth circulated by sensationalist sources. Companies have business liability insurance that protects them from any direct financial impact of a compensation claim and the legal costs associated with it. The worst that will happen is a slight increase of their annual insurance premiums.

Can I win making a clinical negligence claim against the NHS?

If you have been victim to medical malpractice, and are able to put forward a comprehensive case, then the courts will ensure that a fair verdict is reached. It is difficult to prove medical negligence in cases of orthopaedic injury, but accurate records and a quality solicitor goes a long way to making that outcome favourable.

Some clinical negligence claims can be quite long-winded and take years to come to an end – you must be patient and prepared for many months of involvement.

In short – yes, with Accident Line Direct’s help, you can definitely win a clinical negligence case against the NHS.

How do I start my claim for orthopaedic injury?

Call us at Accident Line Direct today. There is a limitation of three years from the initial diagnosis of your injury and the commencement of your claim – if you are in any doubt as to the time line, or believe the three years limit is close, then please initiate your case sooner rather than later.

At Accident Line Direct we believe that everyone, irrespective of their background, is entitled to quality first-class professional legal representation. To this end, we work on a No Win No Fee basis, meaning that you need to pay nothing to go through the process of making a claim. We make our money by taking a small percentage of the final award – so when you win, so do we. Tying our own costs in with the success of the case means our legal team will do their utmost to ensure a substantial final award, obtaining the highest value for your orthopaedic damage case.

There are no hidden costs, and no confusing small print – our team of dedicated professionals is here to help you today. You need nothing more than to contact us! Either give us a call or fill in our contact form to have one of our advisors call you at a time more convenient to you.

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Accident Line Direct can help you begin your potential claim, get in touch today!