Golfer’s Elbow – A Guide to Claiming Compensation

Golfer’s elbow is a condition that causes pain on the inside of your elbow. Not surprisingly, it can be attributed to muscle and tendon damage caused by hitting a golf ball. However, it can also be caused by repetitive forceful movements linked to certain types of jobs. As employers must take reasonable steps to protect their staff, you could be entitled to claim compensation for golfer’s elbow linked to your employment. Therefore, in this guide to claiming compensation for golfer’s elbow, we explore why you might be entitled to claim and the ways in which you could strengthen your claim.

If you’d like free legal advice about a claim for golfer’s elbow, you’re more than welcome to speak to one of our legal advisors. They’ll provide a no-obligation assessment of your claim and explain the options available to you. Crucially, if your claim appears to be feasible, a No Win, No Fee solicitor may offer you legal representation.

To speak to us now about your claim, you can:

• Call us on 0333 241 2519.
• Connect to our live chat service right away.

There’s plenty more information in this guide about golfer’s elbow compensation claims but please feel free to call with any questions.

What Is Golfer’s Elbow?

Golfer’s elbow is similar to tennis elbow but the pain is on the inside of the elbow rather than the outside. It is a Repetitive Strain Injury (RSI) and its medical name is medial epicondylitis.

The main symptoms associated with golfer’s elbow include:

• Pain on the inside of the elbow when bending or twisting the wrist or whilst using the hand to grip or lift.
• Tenderness of the inner elbow.
• Mild swelling of the inner elbow.
• Elbow joint stiffness when straightening or bending the elbow. This pain can be worse early in the morning.

Tennis elbow is caused by overuse of the muscles that connect your forearm and wrist to your inner elbow. As well as having a poor golf grip, golfer’s elbow can be caused by simple tasks that involve small repetitive movements such as using a keyboard and mouse while operating a computer.  The same damage can occur through more strenuous activities like using heavy vibrating equipment at work.

In some cases, golfer’s elbow can be triggered by an increase in the amount of manual activity you carry out.

The first step in treating golfer’s elbow is normally to stop the activity that has caused the condition. This can be problematic if the activity is work-related. Stretching exercises, wearing a brace and taking medication can also help to relieve the symptoms of golfer’s elbow. Surgery is not usually required to treat golfer’s elbow but it may be necessary if symptoms persist after a year.

Can I Claim Compensation for Work-Related Golfer’s Elbow?

When you’re at work, your employer has a legal duty to take reasonable steps to protect your well-being. The Health and Safety at Work Act 1974 (HASAWA) is the relevant piece of legislation that describes this duty in more detail.

If you’ve been diagnosed with golfer’s elbow, you could claim compensation for your suffering if your condition was caused by:

• A lack of regular risk assessments to check that your role and working environment were safe.
• A lack of proper safety training (including refresher training).
• The fact that your employer forced you to carry out manual handling tasks rather than providing tools or devices to reduce the risk of injury.
• Your employer’s failure to consider rotating your role and tasks to relieve the pressure on your arms and elbow.

In any case, it will generally have to be proven that:

• Your employer owed you a duty of care; and
• They breached that duty i.e. they were negligent; and
• That negligence has caused you to suffer from golfer’s elbow in the last three years.

If you believe that your golfer’s elbow diagnosis was caused by your employer’s negligence, call our legal advisors now for a free assessment of your claim.

What Should I Do If My Job Is Causing Golfer’s Elbow at Work?

If you are worried that your working practices are causing symptoms of golfer’s elbow at work, you should:

• Email your employer, explain your concerns and suggest any changes you think would make things better.
• Visit your GP for a proper diagnosis.
• Tell your employer about any recommendations your GP has made to stop your golfer’s elbow from becoming worse.

If your employer has failed to do anything after you’ve reported your worries to them, you may have grounds to claim compensation for golfer’s elbow.

What Evidence Can Be Used for Golfer’s Elbow Compensation Claims?

You will need to supply evidence to prove why your employer is responsible for your suffering from golfer’s elbow if you’re to win a personal injury claim against them. The following are all examples of evidence that could make the case for suing your employer stronger:

• Proof of your diagnosis i.e. copies of your doctor’s medical records.
• A personal statement to set out your working practices plus witness statements from colleagues (these will usually be collected by a solicitor).
• Copies of any emails or correspondence you’ve had with your employer about your working conditions.
• A copy of an occupational health report if your employer arranged one.
• Details of any financial issues caused by your condition.

When you call to discuss your claim, your advisor will review any evidence you have available and suggest anything else that you could supply to make your claim even stronger.

How Long Do I Have to Claim Golfer’s Elbow Compensation?

In UK law, you have 3 years to seek compensation for work-related personal injuries. This is a requirement of the Limitation Act 1980.

For golfer’s elbow claims, you’ll normally have 3 years to start your claim from your date of knowledge i.e. the date your condition was diagnosed.

We’d suggest starting the claims process sooner rather than later because if you wait too long, you could miss out on any compensation you might be entitled to.

How Much Compensation for Golfer’s Elbow?

How much compensation for Golfer’s elbow is worth generally depends on how the claimant has suffered physically, emotionally, and financially. If a claim is successful, general damages will be awarded to cover pain, suffering, and loss of amenity.

To value this element of your claim, your solicitor might use medical records, a personal statement, and an independent medical report. They might also look at previous settlements for cases similar to yours along with referring to the Judicial College Guidelines (JCG) to help put a value on your suffering.

Depending on factors such as whether Golfer’s elbow affects one or both elbows, the severity of your symptoms, its impact on your work and daily life, whether surgical intervention was required, and other factors, compensation for general damages could range anywhere from £2,200 to £23,130.

Special damages might also be included in any compensation you receive to cover financial losses linked to your golfer’s elbow diagnosis.

For instance, your compensation might cover:

• The cost of care and support at home.
• Loss of earnings.
• The cost of special devices that reduce your pain while carrying out everyday tasks.
• Medical costs including physiotherapy.
• Travel costs.

If you’d like us to check how much compensation for golfer’s elbow you might be entitled to claim, please call us now.

Can I Claim if I’m Not a Full-Time Employee?

It’s not just full-time employees that could receive compensation for a golfer’s elbow injury. That’s because all staff are owed the same duty of care when it comes to health and safety at work.

Therefore, you might be able to start a golfer’s elbow claim if you’re a subcontractor, agency worker, zero-hours worker, self-employed or contractor. So long as your diagnosis can be linked to your employer’s negligence, we could help you to start a claim.

Will I Be Fired If I Claim Compensation for Golfer’s Elbow?

Legally, you are completely entitled to claim compensation for golfer’s elbow caused by your employer, and you should not fear any retribution for making a claim for a genuine injury

Additionally, as a result of your claim, you cannot be picked on, bullied, fired or demoted. If that were to happen, you may have grounds to seek separate compensation for unfair or constructive dismissal.

Please speak to a member of our team if you believe you have been singled out because of a golfer’s elbow claim made against your employer.

Do You Need a Specialist Solicitor for Golfer’s Elbow Claims?

Legally, there’s nothing to stop you from taking on a personal injury claim against your employer alone. However, using an accident-at-work solicitor could a) give you a better chance of winning the claim and b) result in you being awarded more compensation than your employer’s insurers initially offer.

If you work with one of our solicitors, they’ll manage your injury claim from beginning to end. That means they’ll collect evidence, deal with all negotiations and aim to secure as much compensation as possible.

Additionally, they’ll provide a No Win, No Fee service if your case is accepted. This means that you will need to sign a Conditional Fee Agreement (CFA) before work on your case can begin.

The CFA means that:

• No fees for your solicitor’s work are payable upfront or if the claim is lost.
• You’ll have a success fee deducted from any compensation you’re paid.

The Conditional Fee Agreements Order 2013 means that solicitors can deduct up to a maximum of 25 per cent of your settlement to cover their success fee. Knowing that from the start of the claims process means you won’t need to worry about losing too much of any payout you receive.

Will I Have to Go to Court?

In our experience, golfer’s elbow compensation claims will normally not have to be heard in court. That’s because employers and solicitors will generally try to avoid the costs and time associated with court hearings by reaching an amicable settlement.

That said, and as a last resort, your solicitor might decide to schedule a court date if they believe your case is strong enough but your employer will make a fair settlement offer to cover all of your suffering.

How Long Will My Golfer’s Elbow Claim Take?

The time it takes for a golfer’s elbow claim to be processed varies and can be affected by several factors. For instance, claims may take more time if your condition is taking longer than normal to heal. This will allow for the impact of your injuries to be assessed properly.

Similarly, your claim might be delayed if your employer doesn’t accept liability for your suffering or contest the nature of your injuries.

Straightforward golfer’s elbow claims could be settled in around 4 to 5 months. More complex cases can take longer and could last as long as a year or more while negotiations are completed.

Contacting Us About a Golfer’s Elbow Claim

We’re ready to help if you’ve decided it’s time to take action against your employer. To arrange a free initial consultation to discuss a golfer’s elbow claim, you can:

• Call our specialists on 0333 241 2519.
• Use our free live chat service – available 24 hours a day.

We provide no-obligation legal advice and you can ask us questions about your case in the call. If you decide to proceed and one of our solicitors agrees to represent you, your golfer’s elbow compensation claim will be dealt with on a No Win, No Fee basis.