Workers in physically demanding occupations may develop bursitis in the shoulders, elbows, hips, knees, ankles or feet. The condition is painful and can restrict range of motion, making it difficult to do your job and potentially leading to lasting impairment. If you have developed bursitis in the course of your employment, you may be entitled to compensation through WorkCover.
Arnold Dallas McPherson Injury Lawyers (ADM) represent clients in WorkCover claims throughout Victoria for a variety of job-related injuries and illnesses. We can help you claim entitlements to statutory benefits and common law damages.
Do not hesitate to contact ADM for assistance with a bursitis WorkCover claim. You can reach expert lawyers at a dozen offices statewide by calling 1800 242 588 today.
What Is Bursitis?
Bursitis is a common repetitive stress injury. It affects the bursae, which are fluid-filled sacs around the body’s joints that provide cushioning for bones, muscles and tendons. Overuse of or sudden trauma to a joint can cause the bursae to become inflamed.
Symptoms of bursitis that may arise in affected joints include:
- Localised swelling
- Feelings of stiffness or tightness
- Reduced range of motion
- Visible redness and warmth on the skin
Most cases of bursitis improve through rest and simple first aid. Unfortunately, many people try to ‘tough it out’ and maintain regular activities without giving the affected bursa time to heal. This can result in chronic bursitis that may significantly interfere with work and daily life.
For some workers, chronic bursitis can cause permanent restrictions on movement or function. In extreme cases, range of motion may be entirely restricted or you may feel sudden, sharp pains when trying to move the affected joint. These long-term effects may impact your entitlement to additional compensation through WorkCover.
Can Bursitis Be Caused by Work?
Bursitis is strongly associated with repetitive work. Repetitive tasks and overuse of certain joints can lead to irritation and inflammation of the bursae.
Tradies and manual workers need to be aware of the potential signs of occupational bursitis, including:
- Reduced range of motion in your joints
- Shoulder pain at work
- Difficulty bending and straightening the elbow
- Trouble lifting objects or performing tasks above the head
- Pain when leaning or kneeling
- Hip and groin pain when climbing stairs
- Foot and ankle pain when standing or walking
If these on-the-job issues are accompanied by swelling or stiffness in one or more joints, you should get checked out by a doctor as soon as possible. An experienced lawyer can also help you lodge a WorkCover claim.
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Which Jobs Commonly Cause Bursitis?
Workers in a number of different industries are at risk for bursitis. These include:
- Construction
- Manufacturing
- Warehousing
- Mining
- Healthcare and aged care
- Cleaning
- Gardening and landscaping
- Trades requiring overhead work
- Process and factory work
Repetitive stress injuries and musculoskeletal complaints are amongst the most common workplace injuries that give rise to WorkCover claims. It is in your best interests to seek legal guidance if you have been diagnosed with bursitis and believe it is related to your work.
Is Bursitis Covered by WorkCover?
The WorkCover scheme provides compensation for injuries and illnesses arising out of or in the course of employment. This includes shoulder bursitis, elbow bursitis and other types of bursitis where repetitive activities such as kneeling, lifting, bending and overhead work have caused or contributed to the condition. You may be able to bring a bursitis WorkCover claim if the condition is connected to your employment.
How Do You Prove Your Bursitis Is Work-Related?
The WorkCover insurer may reject a claim if they believe bursitis is insufficiently related to your work. Strong evidence is essential for proving the condition is work-related and establishing your right to compensation.
Evidence that can support WorkCover claims for bursitis include:
- Complete medical records, including imaging studies and clinical examination findings
- Written account of your job duties and any workplace injuries
- Statements from co-workers or incident reports
- Input from medical specialists concerning the cause and severity of your injuries
Workers are often caught off-guard when WorkSafe disputes liability for bursitis and other conditions. It is best to seek legal advice early so you can submit a complete application and have professional assistance at the ready if your claim is disputed or denied.
If you have been diagnosed with shoulder bursitis or another form of bursitis and there may be a connection to your employment, you should speak with a knowledgeable WorkCover lawyer.
Can Pre-Existing Bursitis Still Be Covered?
Having a pre-existing shoulder or joint condition does not automatically prevent you from claiming WorkCover. If your employment significantly contributed to or aggravated your bursitis, you may still be entitled to compensation. Determining whether employment was a significant contributing factor depends on the medical evidence, your work duties and any other factors that may have contributed to you developing bursitis.
What Benefits Can You Receive?
If your claim is accepted, you are entitled to statutory benefits such as:
Medical and Like Services
WorkCover pays for the reasonable cost of medical treatment. This may include:
- Visits to your GP and other doctors
- Physiotherapy
- MRI scans and other imaging
- Aspiration of the bursa or surgery where medically necessary
- Chiropractic care
- Household assistance
Some services can be accessed without a referral from a WorkSafe agent, whilst others do require prior approval.
Weekly Payments
If you are unable to work due to bursitis, you may be entitled to weekly payments from WorkSafe. These are calculated based on your pre-injury average weekly earnings (PIAWE) and adjusted over time based on your capacity for work and how long you have been receiving payments. Depending on your unique situation, you may still qualify for weekly payments if you return to suitable or modified duties.
You will need to provide a Certificate of Capacity at regular intervals to prove your entitlement to weekly payments. It needs to be prepared by a qualified medical practitioner and describe the nature of your condition, your capacity for work and any limitations you have.
Permanent Impairment Benefit
Many workers assume bursitis is only a temporary condition. However, chronic bursitis can result in permanent loss of movement, strength or function that may qualify for a permanent impairment benefit.
You may be entitled to a lump-sum payment if bursitis causes permanent impairment to a part of your body. This may include:
- Permanently reduced range of motion in the shoulder
- Permanent limitations on how much you can lift
- Permanent restrictions on how long you can kneel or stand in one place
For physical injuries such as bursitis, the threshold for the permanent impairment benefit is whole person impairment (WPI) of 10% or more. WPI needs to be assessed by a specially trained medical practitioner in accordance with guidelines specified in the Victoria workers’ compensation legislation.
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Are You Entitled to Common Law Damages?
Some workers with chronic bursitis may have entitlements beyond the statutory benefits. Common law damages through WorkCover compensate you for the long-term impacts of a serious injury. This includes loss of past and future earnings, as well as pain and suffering.
You may be entitled to WorkCover common law compensation if:
- You can prove that your employer or another party’s negligence caused you to develop bursitis.
AND - Your injury is deemed serious under the WorkCover scheme. This includes permanent serious impairment or loss of a bodily function, as well as WPI of 30% or more.
It can be difficult to account for all of the ways chronic bursitis may affect your day-to-day life and ability to work. Employers and other parties may also dispute liability for the injury. A skilled WorkCover lawyer can calculate common law damages and seek a favourable resolution of your claim.
How a WorkCover Lawyer Can Help with a Bursitis Claim
Repetitive stress injuries are extremely common amongst workers in certain industries. WorkCover benefits are often available to workers who develop bursitis and other occupational conditions, but proving your entitlement to lump-sum payments for permanent impairment and common law damages can be more challenging.
Legal representation is often critical for maximising compensation in WorkCover matters. An experienced lawyer can help you by:
- Ensuring that your medical records fully document your condition.
- Identifying additional assessments you may need for a bursitis claim.
- Helping you complete the Worker’s Injury Claim Form and other necessary documentation.
- Advising you how to get a Certificate of Capacity to claim weekly payments.
- Reviewing WorkCover decisions and, if necessary, disputing rejection of your claim or denial of payments.
- Helping you lodge a permanent impairment benefit claim.
- Investigating the circumstances to determine whether you are entitled to common law damages.
- Negotiating a favourable common law settlement or commencing Court proceedings as needed.
Learn How ADM Can Help
For tradies and other hands-on workers, aches and pains are often part of the job. Repetitive tasks can take their toll, resulting in conditions like bursitis. Many workers feel compelled to keep at it, potentially leading to a chronic condition that can make it difficult or impossible to keep working and interfere with other aspects of life.
ADM has helped numerous workers in Victoria claim compensation through WorkCover. Whether you need help accessing weekly payments, pursuing a permanent impairment benefit or investigating a potential common law claim, ADM can advise you on all available avenues for compensation.
Call ADM at 1800 242 588 today for expert assistance with a bursitis WorkCover claim. We have a dozen offices statewide, including Melbourne, Bendigo and other communities.
