One of the most commonly reported repetitive stress injuries that many employees develop is a condition known as bursitis. The injury is caused by constantly putting pressure on your joints which negatively impacts soft tissue as well as protective fluids found in joints. If you suffer from the condition, you could be entitled to file a bursitis claim for compensation against your employer if you can prove they failed to keep you safe from harm in the workplace.

What is the Definition of Bursitis?

Bursitis often goes under various other names which are as follows:

• Policeman’s knee
• Tennis elbow
• Housemaid’s knee
• Beat knee
• Bricklayer’s shoulder

These are just some of the other names for bursitis, but there are plenty more but the causes, symptoms, pain and discomfort you may have to endure when suffering from this condition is the same. A lot of people who suffer from bursitis believe it to be a normal consequence of their working life. However, this is not the case at all. The condition is covered by the Health and Safety Executive at Work Act 1974 which clearly states that all employers throughout the UK must keep their employees safe from injury and harm in the workplace.

If your employer fails in their duty to ensure you were safe at work and you develop bursitis as a direct consequence, your employer could be held liable for the pain, suffering and out of pocket expenses you incurred as a direct result of their negligence. As such you would have every right to file a bursitis claim against your employer and you could be awarded a substantial sum of money when it comes to compensation.

What Are The Typical Symptoms Associated With Bursitis?

Over the years, it has become a lot easier to diagnose a condition like bursitis. The reason being that bursitis symptoms are very similar to those of arthritis and other conditions that affect many people. Bursitis occurs when there is inflammation or infection in a joint and more specifically in the bursa sac which is filled with fluid. These “fluid sacs” are in all the joints that are found in your body and they prevent bones from rubbing on bones by lubricating the joints. When constant, repetitive pressure is placed on any of your joints, it can cause inflammation and infection which in turn causes slight to very severe pain with the most common bursitis symptoms being as follows:

• Pain in joints when you try moving
• Pain/discomfort when any pressure is placed on an affected joint and the surrounding areas
• Tenderness around an affected joint when you try moving or even when you are still
• A reduction in mobility in an affected joint
• Swelling around an affected joint

When diagnosing bursitis, a doctor can match the symptoms you are suffering from to your past working life which in short, allows a medical professional to link the condition to the job you do or were tasked to do during the course of your working life.

How Can Employers Prevent Workers From Developing Bursitis?

Under the Health and Safety at Work Act 1974, all employers in the UK have a duty of care to keep their employees and staff safe from harm and injury in the workplace. They have a legal liability to ensure that you are not at risk of being injured or developing a condition like bursitis at work. The law requires employers to do the following:

• To ensure that employees are given adequate training to do their jobs safely
• To ensure that employees are given ongoing training when it comes to health and safety in the workplace
• To carry out regular risk assessments in the workplace and to set in place measures to reduce the risk of employees being injured or from developing a work-related illness like bursitis
• To ensure that employees are given detailed procedures on how to carry out their daily tasks
• To ensure that all employees take enough breaks throughout a working period whether they work during the day or work night shifts
• To ensure that all employees are given adequate training on how to use machinery and equipment in the workplace safely
• To provide all employees with the correct safety and personal protective clothing (PPE)
• To ensure that all employees; experience matches the challenges that a job may entail

If you developed bursitis at work as a direct result of “repetitive working practices”, and your employer was aware that this may happen but failed to put in place measures to reduce the risk, you could be entitled to file a bursitis claim against them and be awarded the level of compensation you rightly deserve for the pain, suffering and out of pocket expenses you incurred. The reason being that a court could rule your employer was negligent in their duty to keep you safe from harm and injury while you were at work.

What are My Worker’s Rights if I Develop Bursitis at Work?

Your employer must by law, ensure that you are kept safe from harm and injury which includes developing a condition like bursitis when you are at work. If your employer fails in their duty by not providing you with the correct personal protective equipment (PPE) and other safety equipment which results in you developing bursitis, you have the right to sue them for compensation by filing a bursitis claim. Should you be involved in an incident that leaves you injured or you develop a health condition like bursitis, your worker’s rights are detailed below:

• That you receive the level of compensation to suit the pain, suffering and out of pocket expenses you incurred as a direct result of developing bursitis at work
• That your job is safe even if you decide to file a bursitis claim against your employer

If employers ignore health and safety regulations or fail to carry out frequent risk assessments and you develop bursitis due to their negligence, a court could rule that you are awarded a substantial amount of compensation, bearing in mind that many work-related personal injury claims are settled before they even get to court.

How Much Compensation Could I Be Awarded in a Successful Bursitis Claim?

The amount of compensation you may be awarded in a successful bursitis claim would depend on the severity and complexity of your condition and how much it negatively impacts your ability to work and to carry out normal everyday tasks around the house or any hobbies you typically enjoyed doing before you suffered the injury.

The most common joints that are negatively impacted by bursitis injuries are as follows:

• Shoulders
• Ankles
• Hips
• Knees
• Thighs
• Elbows
• Buttocks

With this said, a lot employees who suffer bursitis have to put up with a lot of pain and discomfort with their ability to work and mobility being greatly impacted. As such, the amounts awarded through the courts in successful bursitis claims tend to be high and that an employer’s insurer would be aware of this should they decide to offer you a settlement before your personal injury claim gets to court.

Should I File a Bursitis Claim Against My Employer?

As previously mentioned, suffering from bursitis can be a debilitating condition that negatively impacts your mobility, your ability to work and your daily life. As such, if your employer failed to keep you safe from harm and injury in the workplace which resulted in you developing bursitis, you have every right to seek a level of compensation to suit the pain, suffering and out of pocket expenses you incurred through no fault of your own. Being awarded compensation in a successful bursitis claim could prevent you having to cope with future financial difficulties should you have to take a lot of time off work or not be able to work again.

It is also worth noting that all employers in the UK are legally bound to take out insurance to cover any eventualities that involve employee injury or harm in the workplace. As such, the amount you would be awarded in a successful bursitis claim would be paid by your employer’s insurers and not taken out of your employer’s profits.

How Do I Start a Bursitis Claim Against My Employer?

If you suffer from bursitis and are thinking about filing a personal injury claim against an employer you think may have failed to keep you safe from harm at work, the best course of action is to discuss your case with a solicitor who specialises in accident at work claims. Like all work-related injury claims, you need to gather as much evidence of how your injury occurred and to establish whether your employer is liable.

A solicitor would typically provide a free initial consultation which allows them the chance to listen to the circumstances surrounding your case and once they decide that you have a strong claim against your employer, a solicitor would offer to work on your case on a No Win No Fee basis. The evidence you would need to provide is detailed below:

• Proof that the accident that left you injured was reported to a manager or employer
• That the incident was noted in the Accident Report Book. If you find that there is no Accident Report Book, you should have written down all the details of the incident, where and when it occurred with details of your injury and send it to your employer making sure you retain a copy for your own records
• A medical report of your injuries
• Photos of your injuries
• Witness statements
• Witness contact details

All of the above is needed to prove a personal injury bursitis claim and the more evidence you are able to provide, the stronger your claim would be which could help ensure that you are awarded the level of compensation you rightly deserve for all the pain, suffering and out of pocket expenses you had to incur through no fault of your own, but rather through employer negligence.

Working With a Solicitor on a No Win No Fee Basis on Your Bursitis Claim

Working with a solicitor on a No Win No Fee basis means you would not have to worry about finding the money to pay for their legal representation. The reason being that you would be asked to sign a contract known as a Conditional Fee Agreement (CFA). This is a legally binding agreement between you and the firm of solicitors who represent you and once signed, a personal injury solicitor can start working on your bursitis claim without having to request an upfront fee or retainer to do so.

The Conditional Fee Agreement would set out all the Terms and Conditions of the contract as well as the percentage you agree to pay the solicitor, bearing in mind that with No Win No Fee agreements, you only pay a “success fee” for the legal representation you receive if your bursitis claim is successful. Should your claim not be successful, having signed a CFA means that you would not have anything to pay the solicitor at all.

The percentage a solicitor is paid on a successful bursitis claim, is deducted directly from the amount of compensation a court awards you, bearing in mind that in the majority of work-related personal injury claims, are settled by an employer’s insurers before the case goes before a judge. In short, you would not have to worry about how to pay a solicitor who successfully wins your bursitis claim because they take their fees from the amount you are awarded with the balance being paid to you.

According to Health and Safety Executive statistics, you are more at risk when it comes to suffering an injury or developing a respiratory condition like Farmer’s Lung if you work in farming or agriculture. Figures show that since the Health and Safety at Work Act 1974 was introduced, the number of farming and agricultural fatal accidents has not dropped to the same extent as in other industries which includes manufacturing and construction. With only around 1% of the UK’s entire working population, 20% of fatal accidents occur in the farming and agriculture.

Agricultural and Farming Accident Statistics

The Health and Safety Executive report that was published in 2014 established that around 28,000 farm workers suffered from some kind of respiratory issue due to their working environments with around 7% being caused by allergic reactions to animal feed dust, flour and other types of grains that farm workers handle on a constant basis. The report also established that many farm and agricultural workers developed a respiratory condition that is commonly known  as “Farmer’s Lung”.

The reason being that farm and agricultural workers constantly operate and frequently around large machines and equipment that moves and transports heavy loads of hay, straw, grain and other cereals which leave mould spores in the working environment. This means that the environment farm workers are constantly in can be extremely dusty and therefore harmful to their health and well-being.

The Definition of Farmer’s Lung

If you are a farm or agricultural worker and come into contact with mouldy spores and dust for a period of time on a daily basis, the chances are that over time, you would start to feel unwell and could even have trouble breathing. The symptoms you would experience if you suffer from a respiratory disorder like Farmer’s Lung are very similar to those of having developed a serious case of the flu. Other symptoms could include the following:

• A difficulty breathing
• A tightness in your chest

The severity of your symptoms would depend on your sensitivity to the allergens you encounter and the length of time you are exposed to them. Should an employer fail to set in place the correct measures to prevent you from developing Farmer’s Lung, you could be entitled to file for compensation because they did not keep you safe from harm in the workplace which all employers in the UK are legally required to do.

What Safety Measures Should be in Place?

The safety measures that your employer should set in place if there is a risk of you developing a respiratory disease like Farmer’s Lung include the following:

• Hay, straw and grains should be handled mechanically and not manually
• Areas must be as well ventilated as possible
• Farm and agricultural workers must be provided with adequate personal protective wear (PPE) which has to include face masks to reduce the risk of them inhaling the harmful spores that can lead to Farmer’s Lung

It is also worth noting that hay that is stored in damp conditions can develop bacterial mould and when the hay dries, it releases harmful dust spores into the air. When farm and agricultural workers inhale the bacteria, it can result in them suffering from short-term illness to conditions that are a lot more severe and which negatively impact the quality of their lives and this includes a respiratory disorder like Farmer’s Lung.

How Do I Prove a Farmer’s Lung Compensation Claim?

If you suspect you have developed Farmer’s Lung, you should consult your GP as soon as possible. While being examined you should explain that you work in a farming and agricultural environment. You should also describe the symptoms you are experiencing. A doctor would need to take blood tests, x-rays of your lungs and test your breathing ability. If it is found that you are suffering from Farmer’s Lung, you would be prescribed specific medication which could include corticosteroids to alleviate the symptoms you are experiencing.

To help prove a Farmer’s Lung compensation claim, you would need to be examined by an independent medical professional and if you have not yet been examined, a solicitor who specialises in farming and agricultural injury claims would arrange this for you.

The medical report must be provided by an independent medical professional and not your usual GP which is an essential factor when filing a Farmer’s Lung claim against a negligent employer. With this said, your GP would make your medical records available to the independent medical professional so that any existing medical conditions or health issues can be taken into consideration. Once your independent medical report is complete, a prognosis of your condition would be available which can then be used in your Farmer’s Lung compensation claim.

Would I Have a Valid Farmer’s Lung Claim Against my Employer?

If it is found that your employer was negligent in their duty to keep you safe from harm and injury in the workplace because they failed to provide you with the correct protective equipment (PPE) and other safety wear or they failed to provide sufficient safety training and you contracted Farmer’s Lung as a direct result, you could be entitled to file a claim for compensation against them.

It would be fair to say that agricultural compensation claims can be complex and because symptoms may not present themselves or be recognised straight away but much further down the line. You may not realise how your health and capacity to work has been negatively impacted for a long time and as such, it is far better to seek legal advice as soon as you are aware that you may be suffering from a respiratory disease like Farmer’s Lung.

Having an expert solicitor advising you and working on your behalf, improves your chances of proving your Farmer’s Lung claim and receiving the level of compensation you deserve if it is found that your employer was negligent in their duty to keep you safe while you were at work.

What Are My Rights if I Develop Farmer’s Lung at Work?

All employers in the UK have a duty of care to keep their employees safe from harm and injury in the workplace. Should your employer have failed to keep you safe by not providing the right PPE to suit the agricultural job you do, and you develop Farmer’s Lung, you have every right to claim compensation from them. Your worker’s rights if you develop an illness in the workplace are as follows:

• That you are awarded the level of compensation you rightly deserve
• That your job is kept safe even if you decide to file a Farmer’s Lung claim for  compensation against your employer

There are many laws that protect workers in all industries which employers are legally bound to adhere to and should your employer fail to do so, they could be held responsible for you having developed Farmer’s Lung while working for them.

What Can be Included in a Farmer’s Lung Claim?

There are specific expenses that can be included in a Farmer’s Lung claim against a negligent employer which are as follows:

General damages

• For your pain and suffering which you had to cope with as a direct result of having developed Farmer’s Lung in the workplace due to employer negligence
• Any physical impairment and injuries you sustained
• Any mental anguish and/or pain you endured as a direct result of having developed Farmer’s Lung
•  Loss of companionship
• Loss of your career because your condition prevents you from working

Special damages

• Medical expenses which includes short-term and long-term costs you incurred and includes the cost of prescriptions and other medication, the cost of medical consultations, hospital stays and diagnostic tests
• Travel cost to and from hospital or other medical facilities which includes whether you travel by bus, car, train, or taxi
• Loss of income including bonuses and perks
• Loss of future earnings because you are unable to work again

Should I Make a Farmer’s Lung Claim Against My Employer?

If you can prove that you developed Farmer’s Lung because your employer failed to keep you safe from harm and injury in the workplace, you may find that your ability to work and quality of life are seriously and negatively impacted. Depending on the severity of your condition, you may not be able to work again and as such you could find yourself in financial difficulty, not being able to pay bills and other financial commitments.

Filing a work-related compensation claim against a negligent employer could mean that you are awarded an amount that alleviates any financial stress and anxiety you may have to cope with as a result of having developed Farmer’s Lung at work. It is also worth noting that your employer’s insurers would pay the compensation you receive and not your employer and that all employers in the UK are legally required to have active insurance in place.

Could I Be Sacked for Filing a Farmer’s Lung Claim Against My Employer?

An employer cannot legally fire you for having filed a Farmer’s Lung claim for compensation against them. If your employer does decide to sack you without good reason, you could be entitled to also file an unfair dismissal claim against them. As such, most employers understand the risks they could face should they fire you or treat you unfairly because you decide to file a personal injury claim against them.

How Much Compensation Could I Receive for Farmer’s Lung?

It is worth noting that when it comes to work-related injury claims, Farmer’s Lung is not recognised by the Courts as a “specific” illness in the same way that mesothelioma, an asbestos related disease is recognised. However, the condition is treated as a work-related “respiratory disease” and as such, the level of compensation you may be awarded in a successful Farmer’s Lung claim could be the same as other respiratory diseases contracted in the workplace. As a guideline, you could be awarded the following in a successful Farmer’s Lung claim:

• £44, 275 to £56,650 which are the amounts recommended by the Judicial College

Working with a Solicitor on a No Win, No Fee Basis

Many people who suffer an injury or develop an illness at work, are put off from filing a personal injury claim against a negligent employer because of the financial cost involved. However, many solicitors are willing to work with you on a No Win No Fee basis which means you do not have to worry about finding the funds to pay an upfront fee or retainer. If you have developed Farmer’s Lung as a result of employer negligence, a solicitor would listen to your case by offering a free initial consultation. This allows them to assess whether your claim is valid and whether your employer is liable.

Working with a solicitor on a No Win No Fee basis means that you would have to sign a contract with the firm of solicitors that represent you which is known as a Conditional Fee Agreement or CFA. This is a legally binding contract that contains all the information relating to the Terms and Conditions of the agreement. It also sets out the agreed percentage you would have to pay a solicitor but only if your Farmer’s Lung claim is successful and you are awarded the level of compensation you rightly deserve. The percentage would be deducted from the amount you are awarded whether your employer decides to settle out of court or a judge rules that you receive an amount to suit the pain, suffering and out-of-pocket expenses you incurred. Should your Farmer’s Lung claim not be successful, there would be nothing to pay for the legal representation you received.