If you've been diagnosed with osteoarthritis due to an accident or your working conditions, contact us to make an osteoarthritis compensation claim today.
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Osteoarthritis Compensation Claims
Osteoarthritis is a chronic joint condition caused by the gradual loss of cartilage that cushions the ends of bones in joints. When this happens, the bones come into direct contact, which causes pain, stiffness, swelling and reduced mobility.
It is the most common form of arthritis and primarily appears in joints that bear weight, such as the knees and hips, but it can also affect smaller joints, such as those in the hands.
The most common causes of osteoarthritis include ageing, repetitive strain, genetics and joint injury. If you or a loved one developed the condition due to your work environment, poor medical care, an accident or any other situation caused by another party’s negligence, you may be eligible for compensation.
To find out if you have a valid osteoarthritis compensation claim, do not hesitate to call 0800 470 0472 today for a free case assessment or use our online form to request a call back.
Key points about osteoarthritis claims
- Eligibility: You may be able to claim if your osteoarthritis was caused or worsened by repetitive tasks or poor working conditions.
- Employer Responsibility: Employers must assess risks and take steps to prevent long-term joint injuries in the workplace.
- Time Limit: You have 3 years from the date of diagnosis or when you became aware your job caused your condition.
- Compensation: May include damages for pain, mobility issues, lost income, and treatment costs.
- No Win, No Fee: Your solicitor will handle your case on a no win, no fee basis — meaning you only pay them a fee if you win.
Friendly legal advisors are available to discuss your personal injury claim today.
- Find out if you have a valid claim
- A risk free, no win no fee service
- We are available 7 days a week
- Experienced personal injury lawyers
Table of Contents
What is osteoarthritis, and what causes it?
Osteoarthritis is a chronic condition that can affect various joints, such as those of the knees, hips, wrists or spine. It develops when the protective cartilage at the ends of the bones wears down, causing them to rub against each other when using your joint. This can lead to pain, loss of mobility and other debilitating symptoms discussed in the section below. There are two types of osteoarthritis:
Primary osteoarthritis is the most common form, and it develops over time due to the natural wear and tear of the cartilage throughout life;
Secondary osteoarthritis develops when something has caused direct damage to your joint or joints. Some of the most common causes of this type of arthritis include:
- Repeated stress on the joint due to physical labour or sports, which accelerates cartilage damage;
- Obesity, which puts additional stress on weight-bearing joints;
- Joint injuries caused by accidents such as road traffic collisions, falls, machinery incidents at work or criminal assaults;
- Medical conditions such as diabetes, gout or rheumatoid arthritis.
If you developed secondary osteoarthritis due to someone else’s negligence, you may be eligible to make a personal injury claim and get compensation for your pain and suffering.
Osteoarthritis signs and symptoms
Osteoarthritis is a common condition and the most common form of arthritis. In England, it is estimated that 1 in 5 adults over 45 have osteoarthritis of the knee, and 1 in 9 have osteoarthritis of the hip. The condition affects each individual differently, but some of its main signs and symptoms include:
- Pain that worsens during activities or after prolonged use and improves with rest;
- Stiffness, particularly in the morning or after inactivity;
- Swelling around the joint due to excess fluid buildup or inflammation, especially after intense activity or use;
- Loss of flexibility and reduced range of motion;
- A grating or crackling sensation during movement caused by the bone ends touching;
- Joint tenderness when applying light pressure to it;
- Joint deformity and bone spurs that can be felt under the skin;
- Muscle weakness and feeling that the joint is loose or unstable.
If you suspect you may have osteoarthritis, you should see your GP as soon as possible. To diagnose your condition, they will examine your joints, ask about your symptoms and order further tests, such as X-rays, MRIs and blood tests, to see the extent of the cartilage damage and rule out other conditions, such as rheumatoid arthritis.
Is there a cure for osteoarthritis?
Currently, there is no cure for osteoarthritis. However, it does not always get worse with time, and symptoms can sometimes gradually improve. Some treatments and lifestyle changes are available to help improve symptoms, including:
- Medication such as pain relievers and anti-inflammatory drugs like paracetamol;
- Topical treatments with gels, creams and ointments;
- Prescription drugs or corticosteroid injections for more severe cases;
- Low-impact exercise such as swimming, weight training or walking can help strengthen the muscles around joints and improve flexibility;
- Losing weight if you are overweight;
- Using supporting devices such as shoe inserts or braces to help support and stabilise your joints;
- Physical and occupational therapy to help stabilise your joints, improve flexibility and learn how to carry out your daily activities in the best way possible;
- Applying heat or cold therapy to the joints to reduce pain and stiffness;
- If your symptoms are severe, joint replacement surgery can help improve pain and function.
Proper and early management is essential to reducing the impact of osteoarthritis on your quality of life, work, and physical activities.
Am I eligible to make an osteoarthritis compensation claim?
If you or a loved one was diagnosed with osteoarthritis, you may be entitled to make a claim for compensation. The easiest way to find out what your legal options are is through a free consultation over the phone with a personal injury solicitor. They will ask you a few questions to determine whether:
- Another party, such as a car driver or your employer, owed you a legal duty of care;
- They breached this duty and caused an accident or situation which led to your osteoarthritis;
- You incurred pain, suffering and financial losses due to your condition.
As mentioned above, osteoarthritis can have various causes, including medical conditions, injuries and repeated stress on the joints. Based on your circumstances, your solicitor will prove a duty of care by referring to the relevant legislation. For example, this could be the Road Traffic Act 1988 if you were injured in a car crash or the Occupiers Liability Act 1957 if you fell in a public place such as a supermarket.
Once liability is established, your solicitor will send a letter of claim to the defendant to inform them of your legal case. If they admit liability, you can begin negotiating your compensation amount. If they deny responsibility, your solicitor will be ready to argue your case in court (which is rarely necessary, as more than 96% of all cases are settled without a trial).
Evidence needed to support a claim for compensation
If you are entitled to claim compensation for osteoarthritis, you will need various types of evidence to show how your condition developed (i.e. who was responsible for causing it) and how it has affected your life. Some examples include:
- Medical records such as doctor’s notes and investigative tests that show your diagnosis and its severity, the treatments received and your prognosis;
- Report from specialists who can link your condition to the defendant’s negligence and attest to your future care needs;
- Photographs or videos of the accident scene if you suffered a joint injury in an incident such as a fall or road collision;
- Statements from witnesses who saw how you were injured or how your condition has affected your life;
- Police reports and a crime reference number if you were the victim of a criminal assault;
- A copy of an accident report if you were injured at work or in a public place such as a restaurant or supermarket;
- Photographs of your initial injury or any visible signs of osteoarthritis, such as swelling and deformity;
- Your testimony about what has caused your condition and how it has affected your life;
- You also need financial documents to attest to any financial losses you want to include in your claim, such as medical bills and care costs.
What situations could lead to an osteoarthritis claim?
Some of the most common situations that can result in a compensation claim for osteoarthritis include:
- Workplace accidents and conditions – repetitive strain injuries, lifting heavy objects without adequate support or training, poor workplace ergonomics, and accidents such as falls from a height;
- Road traffic accidents – trauma to the joints caused by high-speed collisions involving cars, motorbikes, lorries or bicycles;
- Sports – repeated joint injuries or overuse in sports like football, tennis, or basketball can lead to osteoarthritis;
- Slips, trips and falls – falls from a height or on the same level can cause damage to the cartilage and lead to post-traumatic arthritis compensation;
- Medical negligence – this could include failing to diagnose or adequately treat joint injuries, errors during surgical procedures or misdiagnosis of medical conditions such as diabetes;
- Criminal assaults – blunt trauma to the joints during physical altercations can lead to osteoarthritis;
- Military accidents – overuse or accidents during training or combat can stress joints and contribute to cartilage damage.
As long as it can be proven that another party is at least partially responsible for your condition due to their negligence, an experienced solicitor can help you make an osteoarthritis compensation claim.
Claims for work-related osteoarthritis
While at work, your employer has a legal duty towards you, as stated by legislation such as the Health and Safety at Work Act 1974. They must take all reasonable measures to keep you safe from harm and accidents, including from the risk of developing osteoarthritis. They should do this by taking measures such as:
- Carry out regular risk assessments to identify tasks or hazards that could lead to osteoarthritis;
- Implement measures to reduce identified risks, such as rotating tasks and allowing adequate breaks to avoid repetitive strain;
- Provide ergonomic tools and equipment to reduce strain;
- Make sure that employees who are frequently kneeling as part of their job have protective knee pads;
- Offer adequate training and information on safe work practices and the risk of osteoarthritis;
- Provide protective equipment such as wrist support, belts and mechanical support for tasks that involve heavy lifting.
Some occupations, such as agriculture, construction, factory workers and mechanics, are at a higher risk of developing osteoarthritis. However, without proper safety measures, the condition can affect anyone whose job involves manual labour, repetitive movements or using specific machinery.
If you or a loved one have developed osteoarthritis as a result of your job, you could make a claim against your employer. This is your legal right, and you cannot be sacked or disciplined for exercising it. If your employer retaliates in any way, a specialised solicitor can help you take further action at an employment tribunal.
Time limits to make a claim for osteoarthritis
According to the Limitation Act 1980, if you are entitled to compensation for osteoarthritis, you have three years to start your claim. This time limit will typically begin to run from when your condition was diagnosed and linked to a previous incident or negligent act, known as the date of knowledge.
While three years may seem like plenty of time, we advise you not to postpone seeking legal advice. The sooner you start the claims process, the easier it is to collate supporting evidence, and the sooner you will receive your compensation.
There are a few exceptions to the three-year time limit:
- If the claimant lacks mental capacity under the Mental Capacity Act 2005, the limitation date is suspended, and a litigation friend can make a claim on their behalf at any time.
- If you suffered an injury with a substantial risk of osteoarthritis due to a criminal assault, you have two years after the incident to claim compensation through the CICA.
How much compensation can I claim for osteoarthritis?
The amount of compensation you may be entitled to claim will depend on several factors, the most important of which is the severity of your condition. Each case is unique, so it is difficult to say how much your claim is worth without knowing your circumstances. Therefore, it is always best to speak to a legal adviser.
However, you can also try our online compensation calculator, which will give you an estimate of the award you could receive for general damages based on the current Judicial College Guidelines (18th Edition).
All personal injury compensation claims include two types of damages:
- General damages cover the pain, suffering and loss of amenities caused by the osteoarthritis. These can encompass mental anguish, loss of enjoyment of life, inability to engage in activities you used to enjoy and similar subjective losses.
- Special damages cover the financial losses and expenses incurred as a result. Common examples include private treatments, prescriptions, travel expenses to medical appointments, medical aids and loss of earnings. Your solicitor will calculate your award for special damages based on evidence such as receipts and invoices.
Will my solicitor offer me a No Win No Fee agreement?
If you have a valid personal injury claim for osteoarthritis, your solicitor will offer you a no win no fee service. That means you do not have to worry about the cost of hiring legal representation or taking any financial risks because:
- You do not have to pay your solicitor anything upfront;
- If you win compensation, a part of it will be deducted as a success fee to your solicitor (pre-agreed and capped at 25% of certain elements of your damages);
- If you lose the claim, you will not have to pay them a single penny, meaning there is no risk to you.
If your lawyer offers you a conditional fee agreement (the technical term for no win no fee), this usually indicates that they consider your case to have reasonable prospects of success, as they can only recoup their costs if you receive compensation.
Furthermore, you can also opt for After the Event (ATE) insurance, which will cover all your litigation costs if you lose, such as court fees and the defendant’s solicitors, so that you will never be left out of pocket.
To find out if you can make a no win no fee arthritis claim, contact us today by calling 0800 470 0472 for a free consultation or enter your details here to request a call back.
Friendly legal advisors are available to discuss your personal injury claim today.
- Find out if you have a valid claim
- A risk free, no win no fee service
- We are available 7 days a week
- Experienced personal injury lawyers
