Torn Cartilage Injury Claims

Claim Compensation After A Work Accident

If you have been off work due to a torn cartilage injury, you may want to know more about torn cartilage injury claims. If an accident happened at work which was not your fault, but may have been due to employer negligence, you may want to find out more about compensation.

A torn cartilage can be painful and debilitating, as well as potentially affecting your ability to be able to do your job. While it commonly occurs in the knee, this injury can happen in other joints as well.

According to the law, there is generally a three-year time limit to start a personal injury claim after an accident in the workplace. So, if you have sustained such an injury which was not your fault, our friendly team at Jefferies Claims can help you. We partner with lawyers who offer a ‘No Win, No Fee’ agreement.

What is a Torn Cartilage Injury?

Cartilage is a tough, flexible tissue found in joints such as the knees, shoulders, elbows, and hips. It acts as a cushion between bones, allowing smooth movement.

Common symptoms may include:

• Swelling and stiffness
• Joint locking or catching
• Limited range of motion
• Pain, especially when twisting or rotating the joint

 

 

Torn Cartilage Injury Claims At Work – When Can You Claim Compensation?

Here are some of the key points to consider:

1. The injury happened while you were working.
2. It resulted from employer negligence or unsafe working conditions.
3. It occurred within the last three years.

It’s important to note that employers have a duty of care to ensure your safety at work. Furthermore, If they breach this duty and it leads to injury, you may be legally entitled to pursue compensation.

Common Grounds for Torn Cartilage Injury Claims

You may have a viable claim if:

• You were not provided with proper training or equipment.
• Your working environment was unsafe, for example  slippery floors, poor lighting.
• You were required to lift or carry heavy loads without mechanical assistance.
• You slipped, tripped, or fell due to obstructions or hazards in the workplace.

Type of Work Accidents Which May Cause Torn Cartilage?

There are several types of accidents at work that can result in torn cartilage injuries. Here are some of the more frequent:

1. Slips, Trips and Falls

Wet floors, loose cables, and uneven surfaces can easily lead to falls. In this scenario torn cartilage may be caused by landing awkwardly can twist a knee or ankle.

2. Manual Handling Incidents

Lifting, pushing, or carrying heavy loads without proper technique or support can place stress on joints, particularly knees and shoulders. Whether it’s over a long time, or from a sudden movement, this can result in cartilage damage.

3. Falls from Height

Employees working on ladders, scaffolding, or elevated platforms are at risk of falling. A sudden impact on landing can damage knee cartilage. This is especially if the fall involves a twist or rotation.

4. Repetitive Strain Injuries (RSIs)

Jobs that involve repetitive movements or continuous kneeling, such as construction, flooring work, can cause cartilage to wear down or tear gradually. Even though the injury develops over a prolonged period, if there was negligence, you may be able to claim.

5. Machinery and Equipment Accidents

Improper use of machinery or lack of maintenance can twist limbs which can end in a  torn cartilage injury.

How to Make a Torn Cartilage Injury Claim

If you suspect you may have grounds to make a work injury claim for torn cartilage, follow these key steps:

Step 1: Seek Medical Attention

Get your injury assessed by a medical professional immediately as your health should always be your priority. However, this also creates a medical record that supports your claim.

Step 2: Report the Injury

Inform your employer as soon as possible and make sure the incident is logged in the accident book. Get a copy of the entry.

Step 3: Gather Evidence

Collecting evidence is important to back up your claim, such as:

• Photographs of the accident scene
• Witness statements
• CCTV footage (if available)
• Medical reports
• A copy of the accident book entry

How Much Compensation Can I Claim?

The amount of compensation for a torn cartilage injury claims depends on various factors as each claim is individual. Typically, compensation may include:

• Severity of the injury
• Required medical treatment (e.g., surgery, physiotherapy)
• Time off work and loss of earnings
• Long-term effects on mobility or lifestyle

In addition to general damages for pain and suffering, you can also claim special damages. These cover financial losses like travel expenses, prescriptions, and lost wages.

Can I Be Fired for Making a Claim?

This is often a point of concern for employees. However, it is unlawful for an employer to dismiss or discriminate against you for making a personal injury claim. So, if they do, you may be entitled to additional compensation for unfair dismissal or constructive dismissal.

How Long Do I Have to Claim?

In most cases, you have three years from the date of the injury to start a claim. However, exceptions can apply:

• If the injury developed gradually (e.g., repetitive strain), the three year time limit  may start from the date you are diagnosed with the torn cartilage injury.
• For individuals lacking mental capacity, the time limit may be extended.

How to Improve Your Chances of a Successful Claim

To strengthen your claim:

• Act quickly after the injury occurs when the evidence is still fresh and you’re within the time limit,
• Be honest and consistent with your statements.
• Keep records of every expense and medical treatment related to the injury.

Get In Touch To Start Your Claim

It’s crucial to seek legal advice to have your potential claim assessed by expert lawyers. Workplace injury claims can be complex. We work with lawyers who operate on a ‘No Win, No Fee’ basis and we can guide you through making a claim.

To discuss your potential claim in confidence, contact our friendly team at Jefferies Claims on 0333 358 3034. Alternatively, complete our online contact form to arrange a free, no-obligation consultation.