Tennis Elbow at Work – A Guide to Claiming Compensation

Employers have a legal duty to try and protect staff from being injured at work. This includes trying to reduce the risk of staff sustaining repetitive strain injuries (RSIs). One such RSI, tennis elbow, can cause significant elbow pain if the joint is overused. As such, if you’ve been diagnosed with tennis elbow and it can be linked to your employer’s negligence, you could be entitled to claim for your suffering. We answer some of the most commonly asked questions about claiming compensation for tennis elbow at work in this guide and explain the claims process.

Our specially trained advisors are also here to help. During a free initial consultation, your legal advisor will review your case, answer your queries and provide free legal advice. If they suspect you’re entitled to tennis elbow compensation, you’ll be connected with one of our solicitors. Importantly, all tennis elbow injury claims are handled on a No Win, No Fee basis.

To find out more about how we can help, you can:

• Call us on 0333 241 2519 and speak to an advisor.
• Use our free online chat service 24 hours a day.

Please feel free to get in touch right away or read on to learn more about how tennis elbow compensation claims work.

What Is Tennis Elbow?

Tennis elbow, medically known as lateral epicondylitis, is a condition characterised by pain and tenderness on the outside (lateral side) of the elbow. This condition arises from the overuse of the forearm muscles and tendons, especially those that are used to straighten and raise the hand and wrist. The term “tennis elbow” comes from the fact that it can be a common injury in tennis players, but it affects many people who participate in activities or jobs that require repetitive motion of the arm, wrist, and hand.

Treatment for tennis elbow includes rest, ice, anti-inflammatory medications, physical therapy, and in some cases, injections or surgery for more severe or persistent cases. Wearing a brace or undergoing specific exercises to strengthen the forearm muscles can also help manage and prevent this condition.

Importantly, the symptoms of tennis elbow can last for around 2 years. The length of time you suffer from tennis elbow pain is one of the factors that will determine how much compensation you’ll receive if you make a successful personal injury claim.

Can I Claim Compensation for Tennis Elbow at Work?

Your employer must implement reasonable working practices to stop you from being injured while working. This is a legal duty of care established by the Health and Safety at Work etc. Act 1974. If your employer fails to uphold their legal responsibilities, they might be deemed negligent. Some of the ways they can try to prevent tennis elbow at work include:

• Review your working practices regularly and make changes if any risks are identified.
• Training you on how to minimise the risk of RSIs at work.
• Allowing you proper rest breaks.
• Consider rotating your role regularly.
• Providing personal protective equipment PPE to reduce the risk of tennis elbow.

Tennis elbow doesn’t apply only to physical roles. It’s possible to sustain tennis elbow whilst working in an office. Therefore, your employer might need to carry out a workstation assessment or hire an occupational health specialist to review your role to reduce any risks of injury.

To claim compensation for tennis elbow at work, it will generally have to be proven that:

• You were owed a duty of care by your employer.
• The duty was breached because your employer was negligent.
• As a result of that negligence, you’ve been diagnosed with tennis elbow in the last three years.

If you suspect that you should be compensated for tennis elbow by your employer, please call our legal advisors now.

What Should I Do If My Work Is Causing Tennis Elbow?

If you are concerned that your work is causing elbow problems or could lead to tennis elbow, you should:

• Let your employer know about how you’re suffering and why you’re worried. Ideally, this should be done in writing (via an email) so that there is a paper trail.
• Visit your GP to have any symptoms assessed and diagnosed.
• Let your employer know about any medical recommendations made by your GP.

If your employer fails to act on your GP’s recommendations or consider making changes based on your concerns, they could become liable for any future suffering. In turn, this may enable you to make a tennis elbow claim.

What Evidence Can Be Used for Tennis Elbow Claims?

Without substantiating evidence, you could miss out on any tennis elbow compensation you’re entitled to. That’s because your employer’s insurance provider might be able to dismiss the claim or reduce the level of compensation awarded.

Therefore, to improve the strength of a work-related tennis elbow claim, the following types of evidence might all be used:

• A copy of medical records from your GP as proof that you’ve been diagnosed with tennis elbow.
• An occupational health report to prove that a specialist advised that changes should be made to your working practices.
• Witness statements from colleagues which could help to prove your working conditions.
• Photographs of your workplace that again could help to confirm your working conditions.
• Letters or emails between you and your employer to help prove you had raised concerns or that no action was taken.

If you already have evidence to support a tennis elbow at work claim, please let us know when you get in touch with one of our specialists.

How Long Do I Have to Make a Tennis Elbow Injury Claim?

When you sue an employer for a personal injury, a 3-year time limit will apply as determined by the Limitation Act 1980. Usually, this period would commence on the date you were injured.

However, as tennis elbow symptoms usually build up over time, your limitation period will begin on the date your condition was diagnosed by your GP. The Limitation Act describes this as your date of knowledge.

As there is usually a fair bit of work needed before your claim is filed, we would suggest that you begin the claims process as soon as you’re able to after diagnosis to avoid missing out on any tennis elbow compensation you could be entitled to.

What Compensation Can I Claim for Tennis Elbow?

How much compensation you’ll receive for a successful tennis elbow claim will depend on a number of factors.

Firstly, general damages (covering pain, suffering and loss of amenity) are calculated based on how seriously your injury has affected you. To help calculate this part of your claim, your solicitor will review medical notes and independent medical reports. They could then refer to the Judicial College Guidelines (JCG) to help put a value on your claim.

The tennis elbow compensation payouts table utilises these guidelines to demonstrate how much compensation could be awarded for your injuries. Please don’t rely on these figures too much though as they are not guaranteed settlement.

• Compensation of up to £12,590 may be awarded for minor to moderate tennis elbow syndrome with recovery after three years and with some lingering symptoms.
• A sum of around £6,500 for minor to moderate tennis elbow with symptoms predominantly subsiding within 18 to 24 months.
• For minor tennis elbow syndrome that resolves within approximately 12 months, a compensation of £3,530 might be awarded.

In addition to any general damages awarded, your tennis elbow payout could also include special damages if you’ve been left out of pocket. For instance, your settlement could cover:

• Loss of income as well as future loss of earnings.
• Physiotherapy costs and medical expenses.
• Travel expenses linked to medical appointments for example.
• Care and support costs.

Any expenses paid for tennis elbow at work must be proven by receipts and other financial evidence. If you’d like us to check how much you might be entitled to claim for tennis elbow, please contact a legal advisor today.

Can I Claim Compensation if Faulty Equipment Caused Tennis Elbow Syndrome?

The law on workplace machinery and equipment is that, amongst other things, employers must make sure it’s fit for purpose, well maintained and working correctly. This is explained in more detail in the Provision and Use of Work Equipment Regulations 1998.

If workplace equipment is not functioning properly, it may require workers to use more force than usual or to perform tasks in an awkward or unnatural manner. This can increase the strain on the forearm muscles and tendons, leading to or exacerbating tennis elbow.

Examples of faulty workplace equipment might include tools that are not ergonomically designed, machinery that requires excessive force to operate, or equipment that is not maintained properly and thus operates inefficiently.

To check if you could make a tennis elbow claim caused by faulty equipment, please call today.

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

It’s important to note that employers have the same duty of care towards staff safety no matter what type of employment contract you are on.

That means if you have been diagnosed with work-related tennis elbow syndrome, you could be compensated as a subcontractor, consultant, zero-hours worker or self-employed member of staff.

Will I Lose My Job When Claiming Compensation for Tennis Elbow?

If you are making a compensation claim for a legitimate reason, you should not be subjected to any negative consequences. In fact, if you are treated differently, picked on, denied promotion, demoted or fired because of your claim, there might be grounds to seek compensation for unfair or constructive dismissal as these actions are illegal.

Do I Need a Specialist Solicitor for a Tennis Elbow Claim?

It is possible that you might want to take on your employer for tennis elbow compensation on your own. While that can be done, instructing a specialist solicitor should make your claim much easier and could improve the chances that you’ll achieve a higher settlement amount if the claim is won.

If you decide to work with one of our workplace injury solicitors, they’ll:

• Manage your claim from start to finish.
• Use their legal training to present as strong a case as possible.
• Fight your corner if the claim is contested or liability is denied.
• Provide regular updates so you know how the claim is progressing.
• Try to ensure any settlement is fair rather than closing the claim at the first opportunity.

All of this work will be carried out on a No Win, No Fee basis if your claim proceeds. To enable this to happen, you’ll be asked to sign a Conditional Fee Agreement (CFA) which means:

• You don’t need to pay your solicitor upfront for their work.
• If the claim is lost, you won’t pay for any of your solicitor’s services.
• If the claim is won, you’ll have a success fee deducted from your compensation.

The success fee is a percentage of your settlement.  The maximum success fee percentage that can be deducted is 25 per cent when using a CFA so you can rest assured that you’ll receive the bulk of any compensation paid.

To check if you could start a No Win, No Fee tennis elbow claim, call our team today.

How Long Do Tennis Elbow Claims Take?

The time it takes to process a tennis elbow claim can vary. For straightforward claims, you might expect to receive a compensation payment in 6 months or so. This may be possible if you have already recovered and your employer admitted they were to blame for your suffering.

If you’re still suffering from tennis elbow or if your employer contests the claim, your claim could take more than 9 months and, in the most serious cases, more than a year.

Contacting Us About a Tennis Elbow Claim

We hope we’ve answered your questions on tennis elbow injury claims. If you’d like to discuss your chances of being compensated by your employer, you can:

• Call 0333 241 2519 to speak with one of our specialists.
• Use our live chat service to post any questions.

Getting legal advice as soon as possible after being diagnosed with tennis elbow at work can significantly enhance the chances of receiving compensation for the pain, suffering, and financial losses you’ve incurred due to the condition.