Arm Injury at Work – A Guide to Claiming Compensation

An arm injury at work can be both painful and debilitating. It can have a massive impact on your day-to-day activities and your ability to work and drive, especially when the dominant arm is injured. Importantly, if you suffer an arm injury in a workplace accident, you could be entitled to claim compensation for any suffering you’ve endured. As such, this guide will answer some of the most common questions about claiming compensation for arm injuries.

If you are considering claiming compensation for an arm injury, we are ready to help. Our legal advisors provide a free initial consultation to discuss your case. During the call, free legal advice will be provided and your questions will be answered. If you decide to begin an arm injury personal injury claim and we believe your claim is feasible, you’ll be connected with one of our specialist solicitors. Importantly, they’ll represent you on a No Win, No Fee basis if the claim proceeds.

To see if you might be entitled to compensation for an arm injury, you can:

• Speak with an advisor by calling 0333 241 2519.
• Use our live chat service.

Please read on to learn more about how the arm injury claims process works but feel free to contact us if you have any further questions.

Types of Arm Injury at Work We Can Help With

While it’s feasible that you could claim compensation for many types of workplace arm injuries, some of the most common dealt with by solicitors include:

• A broken arm at work.
• Cuts and lacerations.
• Burns.
• Amputations.
• Soft tissue damage.
• Wrist injuries.
• Repetitive strains (RSIs) such as tennis elbow.
• Industrial injuries such as Hand-Arm Vibration Syndrome (HAVS).

The extent of your suffering must be established if you’re to receive the correct level of arm injury compensation. Therefore, as part of the claims process, you’re likely to be asked to attend an independent medical assessment.

Can I Make an Arm Injury at Work Compensation Claim?

As you’ll see below, the first thing that must be proven if you’re to make a successful work-related arm injury claim is that your employer had a legal duty of care towards your well-being. This is relatively straightforward because the Health and Safety at Work etc. Act 1974 places such a duty on all employers.

It means that practical steps should be taken to reduce the risk of workplace accidents. These steps may include:

• Assessing the work area for potential dangers on a regular basis.
• Training staff on the company’s health and safety procedures.
• Providing personal protective equipment (PPE) such as protective gloves or elbow protection where required.
• Ensure all equipment is in a good state of repair and properly maintained.

Failure to uphold their legal obligations could mean that your employer is liable for any subsequent arm injury which, in turn, could result in a personal injury claim. In such cases, you might entitled to claim arm injury compensation if you can prove that:

• At the time you were injured, your employer owed you a duty of care.
• Your employer’s negligence resulted in an accident at work.
• You sustained an arm injury in the last three years as a result of that accident.

The easiest way to check if you might have a valid arm injury claim is to call the number above and ask for your case to be assessed for free.

What Types of Negligence Can Lead to an Arm Injury at Work Claim?

As shown above, you will only be able to claim compensation from your employer if you can prove that your arm injury resulted from your employer’s negligence. Here are a few scenarios where that could be the case.

• You were told to unblock a hopper on recycling machinery but hadn’t been trained on how to do so. Whilst clearing the blockage, your arm was amputated because the machine started working unexpectedly.
• Your employer failed to fix a faulty freezer in a cold storage warehouse. As a result, you slipped at work and suffered a broken radius and fractured wrist because you put your hands out to break your fall.
• You were told to retrieve some box files from the top shelf of shelving in an office. As the ladder provided was too short, you overstretched, fell and broke an arm at work.
• Whilst working in a factory, your arm was crushed by an industrial press because its safety screen had been removed.

Even if we haven’t described your arm injury here, please feel free to get in touch and we’ll assess your options for free.

What Should I Do If I’ve Sustained a Work-Related Arm Injury?

There are some important steps you should take if you’re injured in a workplace accident. They include:

• Report the accident as soon as you’re able to do so.
• Make sure the incident and details of your arm injury are logged in an accident report form.
• Seek medical treatment for your arm injury at a hospital or your GP.

Additionally, if you believe that your working conditions are putting you at risk of being injured, you should let your employer know, in writing, to give them the opportunity to make changes where necessary.

What Evidence Can Be Used for Arm Injury Claims?

Most work-related arm injury claims will be handled by your employer’s insurance provider. If you don’t have the evidence to prove how you were injured, they could avoid paying compensation or reduce the level of damages you’re awarded.

Therefore, you could strengthen your claim by providing as much of the following as possible:

• Your copy of the accident report form to prove when and where the accident happened.
• X-rays, medical records and scan results to help prove your diagnosis.
• Contact information for colleagues and anyone else who witnessed your accident.
• Photographs of the accident scene and any visible symptoms of your arm injury (cuts, bruising etc).
• CCTV footage of your accident.

For more serious arm injuries such as amputations, the Health and Safety Executive (HSE) may choose to investigate. If they do, your solicitor might request a copy of their report to further support your arm injury claim.

How Long Do I Have to File an Arm Injury Compensation Claim?

As a result of the Limitation Act 1980, you’ll normally need to file a work-related arm injury claim within three years of the date that your accident happened. However, if your injury developed due to long-term work practices, the time limit could start on the date your diagnosis was confirmed.

Importantly, claims that are started too late can be turned down because they’ve become statute-barred. As such, it’s a good idea to check with a legal advisor if you’ve got a valid arm injury at work claim by calling us sooner rather than later.

How Much Compensation for an Arm Injury at Work?

The level of compensation awarded in successful arm injury claims varies from case to case. Any compensation you’re awarded will usually be based on general damages for any pain and suffering as well as special damages for any costs linked to your arm injury.

To help value the extent of your suffering, your solicitor will review your medical records and an independent medical report. Once your injuries are better understood, your solicitor might check comparable cases and settlement figures in the Judicial College Guidelines (JCG).

We’ve used JCG data to give you an idea of potential arm injury claim payouts in the list below. Please bear in mind that the figures are guidelines only.

• £6,610 – £19,200 compensation for uncomplicated forearm fractures.
• £19,200 – £39,170 for arm injuries that cause considerable disability but a significant recovery has occurred or is anticipated.
• £39,170 – £59,860 where serious forearm fractures result in significant and permanent disability.
• £96,160 – £130,930 compensation for a severe arm injury at work  (not including arm amputations).

In addition, special damages could be paid as part of your compensation payout to cover costs linked to your arm injury such as:

• Loss of income (past and future).
• Medical and rehabilitation costs.
• Home or vehicle modifications if you’ve been left permanently disabled by your arm injury.
• Support and care costs.

If you’d like us to check how much compensation for a broken arm at work could be awarded in your claim, please call today.

Can I Claim Compensation if My Injured Arm Was Caused by Defective Equipment?

As well as the Health and Safety at Work Act, employers must abide by the rules set out by the Provision and Use of Work Equipment Regulations 1998. Essentially, these rules mean that any equipment in the workplace must be well maintained, in good working condition, fit for purpose and used as per the manufacturer’s guidelines.

Therefore, if you’ve suffered an arm injury at work because of faulty or defective machinery, equipment or tools, you could be entitled to seek compensation for your suffering.

Can I Claim Broken Arm at Work Compensation if I’m Not a Full-Time Employee?

Although you might not be directly employed by a company, they will owe you the same duty of care with regard to health and safety as they do to their other staff. As such, if you are a contractor, self-employed, a zero-hours worker or a subcontractor, you could claim compensation if you broke an arm at work because of your employer’s negligence.

Do I Need a Solicitor to Make an Arm Injury Claim?

While you’re not legally obligated to instruct a personal injury solicitor for work injury claims, doing so can simplify the process. That’s because specialist solicitors should have the legal skills, training and experience to navigate the sometimes complex questions and objections raised by employers or their insurance providers.

If your arm injury claim is accepted by a solicitor from our team, their services could include:

• Collating and reviewing evidence to try and prove your case.
• Presenting as strong a claim as possible and ensuring it’s filed on time.
• Dealing with all negotiations on your behalf.
• Sending you regular updates about the progress of your case.
• Aiming to secure the correct level of compensation (rather than accepting the first settlement offered).

Importantly, our solicitors provide a No Win, No Fee service for all arm injury at work claims. The type of contract used is called a Conditional Fee Agreement (CFA). Using a CFA means that you:

• Don’t need to pay your solicitor upfront for their work.
• If the claim is lost, you won’t pay for your solicitor’s services.
• An agreed percentage of your settlement will be deducted as your solicitor’s success fee if they win your claim.

The success fee percentage is legally capped at 25 per cent of your compensation when using a CFA. Therefore, you’ll know that you’ll keep the majority of any settlement paid.

To see if you could make a No Win, No Fee arm injury at work claim, please call today.

How Long Do Work-Related Arm Injury Claims Take?

As each arm injury at work is effectively unique, it’s not possible to state exactly when you’ll be compensated if your claim is won. That’s because various factors can impact the time taken for your claim to be processed.

For instance, if your arm injury is still causing you to suffer, the claim might not be dealt with until your prognosis is properly understood. Similarly, arm injury claims that are contested by your employer, won’t be settled until negotiations are completed.

In straightforward cases, arm injury claims can be settled in 6 months. Conversely, some claims (usually more serious broken arm claims) can take over a year to complete.

Contacting Us About an Arm Injury at Work Claim

We are here to help if you have any questions about how to claim compensation for a work-related arm injury. Our advisors can assess your claim for free and offer no-obligation legal advice about the options available to you.

To arrange a free initial consultation, you can:

• Phone 0333 241 2519 to speak with a legal advisor.
• Connect to our online advisors via live chat.

You’ll be provided no-obligation legal advice in the initial consultation to discuss your options. If a compensation claim against your employer appears feasible, we could connect you with a solicitor who’ll work on a No Win, No Fee basis if your arm injury at work claim is accepted.