Learn About Tendon Injury Claims
Tendon injuries can be extremely painful, and if a third party has injured you, you might be curious about exploring a case for compensation. This guide about tendon injury claims will cover some of the key points for you to be aware of.
We discuss what tendon injuries are, how they could happen and also how compensation for such an injury is calculated. Also included will be how to progress a claim with one of our experienced No Win No Fee personal injury solicitors.
You can reach out to our team at any point through the following options:
- Call at 0800 073 8804.
- Message in our Live Chat.
- Fill in our Claim Online form.
Key Points In Tendon Injury Claims
- You may be able to claim compensation if another party was at fault and caused you a tendon injury.
- The size of potential compensation is affected by the severity of the injuries and any financial losses suffered.
- You could have been injured at work, on the roads or in a public place.
- Our experienced solicitors can represent you on a No Win No Fee basis.
- You can still claim even if you were partly at fault.
Select A Section or Browse Our Guide
- Who Is Eligible To Make Tendon Injury Claims?
- What’s The Difference Between A Tendon Injury And A Ligament Injury?
- Common Causes Of Tendon Damage
- Tendon Injury Compensation Amounts – How Much Could I Receive?
- Can You Make Tendon Injury Claims On A No Win No Fee Basis?
- More Information On Personal Injury Compensation Claims
Who Is Eligible To Claim Tendon Injury Compensation Amounts?
In order to be eligible, tendon injury claims need to fulfil the following criteria:
- You were owed a duty of care by a third party.
- They failed to fulfil that duty of care.
- You sustained a tendon injury due to this failure.
There are various instances when a failure of duty of care can be established. Some of them are:
Accidents at Work
All employers owe a duty of care towards their employees. This duty is highlighted in the Health and Safety at Work etc. 1974 (HASAW). This law states that employers need to take reasonable and practicable steps to ensure their employee’s safety and welfare. If an employer is in breach of this duty, the employee could bring a claim against them for the tendon injury suffered.
For example, your employer has failed in their duty of performing a risk assessment for the manual handling of goods. You carry a load which is too heavy and end up sustaining tendon damage in your hand. You could potentially make an accident at work claim against your employer for this injury.
Accidents in Public Places
Any person or organisation who controls a public place (known as an occupier) owes a duty of care towards all visitors. This duty has been specified in the Occupiers’ Liability Act 1957. The law states that the occupier has to take reasonable steps to ensure the safety of all visitors. If you sustain a tendon injury due to this breach of duty, you could make a tendon injury claim against the person in control.
For example, you fall down the stairs at a shopping mall due to an unrepaired broken handrail, rupturing your Achilles tendon. You may be able to claim compensation against the occupier of the mall in a public liability claim.
Road Traffic Accidents
All road users owe a duty of care to ensure that they use their vehicles in such a way that they do not cause harm. To meet this duty, they must comply with the Road Traffic Act 1988 and the Highway Code. You could make a road traffic accident claim against another road user if they breach this duty of care.
For example, a driver who’s driving under the influence crashes into your car from behind, and you injure a tendon in your neck. You could make a car accident claim against them.
If you have had a tendon injury that was not your fault, you can call our team for a free case assessment.
Could I Still Claim For Tendon Damage If I Was Partially At Fault?
You can still claim compensation even if you were partly at fault for the accident. This is called a split liability accident, as the fault (the liability) is split between two parties. The split can be any proportion that adds up to 100%, e.g. 50/50 or 75/25.
The compensation received will be split in the same proportion. So, if a case is split 50/50, then you would receive 50% of the compensation.
An example would be a road traffic collision where both cars attempt to change lanes at the same time and when it is unsafe to do so. This could result in a 50/50 split.
Sometimes, whilst you are not responsible for causing the accident, you have done something or failed to do something that has made your injuries worse. This is called contributory negligence. An example would be a failure to wear a seatbelt in a car crash. This did not cause the accident, but it could be that your tendon injury was made much worse by your failure to wear a seatbelt.
When a case involves contributory negligence, there will be a reduction in the compensation, e.g. by 15%, but the percentage reduction can vary.
Whilst in both these scenarios, you do not receive the full amount of compensation, it is much better to try and claim to get a reduced percentage rather than not claim and receive nothing.
To discuss how your accident happened, why not reach out to an advisor for a free case assessment?
What’s The Difference Between A Tendon Injury And A Ligament Injury?
While we’re discussing tendon injury claims, you might be thinking about ligament injuries as well. Since both ligaments and tendons are soft issues, they can sometimes be confused, but they are different. To understand this difference, it’s necessary to know the distinction between their functions. Tendons and ligaments both are connective tissues which help to support muscles and bones.
However, tendons attach bones and muscles to aid their movement, whilst ligaments help to support and stabilise joints. Without tendons, it wouldn’t be possible for muscles to transfer the energy which is required for movement. Ligaments are connected from bone to bone. They hold the joints together and stabilise them during movement and at rest.
It is possible to injure either a tendon, a ligament or even both in an accident that wasn’t your fault. Call us today to see how we can help you begin the process of claiming compensation for your accident.
Common Causes Of Tendon Damage
Damage to a tendon can be caused by sudden sharp movements. Tendons can also become inflamed or damaged by overuse, or they could rupture if too much force is placed through them.
You could injure a tendon, for example:
- By being asked to lift something that is too heavy over your head. You suffer injuries to the tendons in your shoulder joint in a rotator cuff injury.
- A colleague is operating a forklift truck without the necessary training. They lose control and drive into the back of your ankle, rupturing your Achilles tendon.
- You damage the tendons in your ankle when you slip on oil that is leaking from a defective piece of machinery. Management failed to fix the fault despite being aware of it.
- Someone stacks jagged sheet metal unsafely in a warehouse. It falls as you are walking past, and you put your hands out to protect yourself, but this results in the metal slicing your hand and damaging your tendons.
How Common Are Tendon Injuries?
Tendon injuries can be quite common. The Health and Safety Executive (HSE) give statistical tables about the total number of reported non-fatal injuries to employees. In their latest data from 2022/2023, sprains and strains accounted for 26% of the reported incidents, which was over 16,000 injuries. A portion of these will involve tendon damage.
Not all workplace injuries have to be reported to the HSE, so the true number of tendon injuries in the workplace could be much higher. It is also worth noting that tendon injuries can occur outside a work setting, with the National Institute for Health and Care Excellence (NICE) estimating that over 150,000 people in the UK experience Achilles tendinopathy and approximately 4,500 rupture their Achilles tendon each year.
To see if how you injured your tendon could lead to a personal injury claim, contact an advisor today.
Tendon Injury Compensation Amounts – How Much Could I Receive?
In tendon injury claims, the compensation comprises damages of two types:
- General Damages- These are the damages which you could claim for the physical/ psychological injuries you’ve sustained.
- Special Damages– You can claim these damages for the financial impacts caused by your symptoms.
To determine general damages, you may be invited for an independent medical examination. A medical report from this consultation, in addition to the Judicial College Guidelines (JCG), could be used to value the general damages in your case. These guidelines provide a list of injuries and the range of compensation which could be awarded.
We’ve replicated some of the figures from the JCG in the table below. However, you should note that these are just guidelines, and the first row isn’t from the JCG.
Injury | Severity | Compensation Guidelines |
---|---|---|
Multiple Severe Injuries and Special Damages | Very Serious | Up to £250,000+ |
Neck Injuries | Severe (iii) | £55,500 to £68,330 |
Achilles Tendon Injury | Most Serious | In the region of £46,900 |
Serious | £30,500 to £36,720 | |
Moderate | £15,370 to £25,710 | |
Minor | £8,870 to £15,370 | |
Shoulder Injury | Serious | £15,580 to £23,430 |
Moderate | £9,630 to £15,580 | |
Hand Injury | Serious Injury to Middle or Ring finger | £12,590 to £19,940 |
Moderate Injuries to the Thumb | £11,800 to £15,370 |
Here are some examples of financial loss (special damages) that could be claimed if you have supporting evidence:
- Medical costs such as diagnostic tests, prescriptions and travelling to and from medical appointments.
- Loss of earnings– This could be due to having to take time off from work because of your injuries.
- The cost of any care required or modifications to your house.
One of our experienced solicitors could advise you about your specific claim for damages, why not call an advisor today to see if you can be connected?
What Can Affect Tendon Damage Compensation?
We covered above how a split in liability or contributory negligence could affect your compensation earlier. Other factors that could affect the size of the compensation include:
- The severity of the injuries you suffered.
- How much is claimed for special damages, e.g. significant loss of earnings or care needs?
- If the other side accepts fault or chooses to fight your claim and offer to settle at less than a full value.
- The evidence that is available to strengthen your case if it is disputed and how much evidence is available to support your claim for special damages.
- How negotiations progress and how keen you and the other side are to come to an agreement quickly.
Our solicitors have years of dedicated personal injury experience, and they will always do their best to achieve the correct compensation for your claim. Call an advisor today to see if you are eligible to claim.
Can I Claim For Tendon Injuries On A No Win No Fee Basis?
If you have an eligible tendon injury claim, you may choose to work with a solicitor. Our solicitors handle a wide range of personal injury claims, including those with tendon injuries.
Our solicitors can offer No Win No Fee services and operate on a Conditional Fee Agreement (CFA). This means that you won’t pay upfront solicitor fees, nor will you pay solicitors fees as the case progresses. If your claim is unsuccessful, there are no solicitors fees to pay.
If your case wins, a certain percentage of your compensation will be dedicated to pay your solicitors success fee. The size of the percentage is limited by law meaning you will keep the bulk of the compensation.
Contact Us
You can contact us through the following options:
- Call 0800 073 8804.
- Message in our Live Chat.
- Fill in our Claim Online form.
More Information On Personal Injury Compensation Claims
Thank you for reading our guide on tendon injury claims. Here are some more links to other guides which may be helpful:
- Our guide on the eligibility for claiming for inadequate training.
- Information on nerve damage after an accident at work.
- Details on a slip or trip claim.
Here are some external guides for further reading:
- Guidance from the government on requesting CCTV footage.
- Information from the NHS on hand tendon repair
- Details from the NHS on urgent and emergency care services.