Wondering if you can claim for osteoarthritis after an accident? The answer is yes – if your condition resulted from an accident caused by someone else’s negligence, you could be entitled to compensation.
Osteoarthritis can develop over time, and if your injury triggered or worsened the condition, you may have a valid claim. Our team of experienced personal injury lawyers is here to help you understand your rights, navigate the claims process, and fight for the compensation you deserve.
What is osteoarthritis?
Osteoarthritis is the most common type of arthritis, affecting around 8.5 million people in the UK. It’s a degenerative joint disease where the cartilage that cushions the ends of your bones breaks down over time.
As this protective layer wears away, bones begin to rub against each other, causing pain, stiffness, and swelling. In severe cases, it can even lead to joint deformity. It typically develops over time, but it can also be triggered or accelerated by repetitive strain, an injury, or excessive wear and tear – especially in physically demanding jobs.
Can I claim compensation for osteoarthritis?
You may be entitled to claim osteoarthritis injury compensation if your osteoarthritis was caused or worsened by someone else’s negligence. This is particularly common in workplace scenarios, where poor practices and a lack of safety measures put in place by your employer can contribute to the long-term damage of your joints.
Common causes of work-related osteoarthritis include:
- Repetitive movements, such as frequent lifting or bending
- Heavy lifting without proper technique or equipment
- Poor posture due to workstation setup or job requirements
- Lack of training or use of inadequate personal protective equipment (PPE)
Take, for example, a warehouse worker who spends years lifting heavy boxes without being given proper manual handling training or equipment. Over time, the constant strain could lead to osteoarthritis in the knee, making it difficult for them to continue working. In this situation, a personal injury compensation claim could be made against the employer for failing in their duty of care to keep their employee safe.
Whilst this is one specific example, there are plenty of other cases where an employer’s failure in their duty of care can lead to a worker being harmed and developing a condition like repetitive strain osteoarthritis.
Who is most at risk of developing workplace osteoarthritis?
Certain occupations are more prone to the types of physical strain and exertion that can lead to osteoarthritis, especially when experienced over long periods.
High-risk sectors include:
- Construction and manual labour
- Factory and warehouse work
- Agriculture and farming
- Healthcare and social care
- Mechanics, carpet fitters, and HGV drivers
Workers in these roles often engage in repetitive, physically demanding tasks that place excessive strain on joints. Over time, this wear and tear can lead to chronic joint conditions like osteoarthritis.
Employers in these industries are expected to take proactive steps to reduce the risk of harm to their workers, including musculoskeletal disorders like osteoarthritis.
What responsibilities does my employer have?
Under the Health and Safety at Work Act 1974, employers in the UK have a legal obligation to protect their employees from foreseeable harm. This includes taking reasonable steps to prevent workplace injuries and conditions like osteoarthritis.
Employers must:
- Conduct regular risk assessments of the workplace
- Provide manual handling training to avoid injuries
- Offer ergonomics training
- Offer job rotation and ensure adequate rest breaks for repetitive tasks
- Supply appropriate personal protective equipment (PPE), such as knee pads or support belts
- Make mechanical aids available where necessary
If your employer fails to take these precautions and you develop osteoarthritis as a result, they may be held liable for negligence.
A successful work-related osteoarthritis compensation claim can help you cover the cost of your medical treatment, lost earnings, other related expenses, and your loss of enjoyment of life.
What evidence will I need to support my osteoarthritis claim?
Gathering strong evidence is vital when making a compensation claim for osteoarthritis. Here’s what we recommend collecting:
- Medical records confirming your osteoarthritis diagnosis and treatment
- Workplace records or job descriptions detailing your duties
- Health and safety records from your workplace, including risk assessments, training logs, and incident reports
- Witness statements from colleagues who can confirm your work activities
- Payslips to demonstrate any loss of earnings
- Receipts for medical expenses, travel costs, or care needs
We understand that gathering this evidence can feel overwhelming, especially if you’re dealing with pain and mobility issues. That’s why our team can handle the process on your behalf, ensuring nothing is overlooked.
How much compensation could I receive for an osteoarthritis claim (UK)?
Osteoarthritis compensation amounts vary depending on the severity of your condition, any medical or care costs you’ve incurred, and how it has impacted your daily life, among other things.
This compensation is then split between general damages and special damages. General damages covers the actual pain and suffering caused by your fracture, and special damages covers the financial implications that come along with it.
The Judicial College Guidelines give the following compensation estimates for osteoarthritis personal injury claims:
- Mild osteoarthritis: Up to £15,000
- Moderate osteoarthritis: £15,000 – £40,000
- Severe osteoarthritis: £40,000 – £100,000+
You can use our Compensation Calculator to estimate your potential payout – it’s quick and easy to do.
How do I start an osteoarthritis claim?
Whilst the details of each injury or workplace osteoarthritis claim will vary, you can expect the overall claims process to follow these steps:
- Get in touch with our team for a free, no-obligation consultation for us to learn about your case.
- We’ll assess your case to determine if you have a valid claim for osteoarthritis at work compensation or other osteoarthritis damages.
- If eligible, we’ll work with you to begin gathering evidence and arranging for medical assessments.
- Once ready, we’ll submit your claim and negotiate a fair settlement on your behalf.
- Most personal injury compensation cases are settled outside of court, but if your case does go to court, we’ll arrange for expert representation.
- If you win your case, we’ll deal with the details of how and when you receive your compensation.
Our no-win, no-fee guarantee means you won’t pay us a penny unless your claim is successful, giving you peace of mind throughout the process and meaning there’s no financial risk to you of making a claim.
How long do I have to make an osteoarthritis claim?
You have three years from the date of your osteoarthritis diagnosis, or the date you first became aware that your osteoarthritis may be caused by another party, to make a claim.
There are some exceptions to this three-year rule, specifically for children and adults lacking mental capacity, but we always recommend starting the claims process as early as possible.
Will I have to go to court for my osteoarthritis claim?
Most accident or work-related osteoarthritis claims are settled out of court. However, where there is a disagreement over compensation or liability is in dispute, you may have to attend court proceedings. At Injury Lawyers 4u, we try our best to settle all claims outside of court, so you don’t have the added stress or financial strain of a hearing.
Why choose Injury Lawyers 4u?
At Injury Lawyers 4u, we have extensive experience in handling successful osteoarthritis personal injury claims. Our expert solicitors can guide you through each step of making a claim, including gathering the right evidence to support your case, working with medical professionals to confirm your injury and building a strong claim.
What’s more, you won’t pay us unless we win for you. Call us 0333 400 4445 to speak to a solicitor today, or fill out our online contact form and we’ll call you back when it’s convenient for you.