The band, Elbow, reportedly got their name because of evidence that it is “the loveliest word in the English language”.
The Singing Detective by Dennis Potter was a BBC television drama, which first aired in 1986. Mystery writer, Philip E. Marlow, is the main character.
Through the pain of his skin condition, psoriatic arthropathy, and the associated fever, Marlow’s imagination runs riot while he is hospitalised with lesions and sores over his whole body – and he comes up with this escapist adventure about a detective.
According to Marlow, in a scene from The Singing Detective, “E-L-B-O-W” is the loveliest word not only because of the sound it makes in the mouth but also because of the shape it makes on the page.
The elbow joint is something which adds to the distinctive shape of the human body. A reasonable amount of twisting of the lower arm is made possible by the design of the elbow joint. Also, our ability to move the forearm and hand towards and away from the body stems from the elbow.
In this article, we will look at the anatomy of the human elbow. We will then consider the common types of injury to the elbow. Finally, we will discuss the levels of compensation valuation which apply to the different sorts and severities of elbow injury.
The bones of the forearm are the radius and ulna.
The radius is on the thumb side of the arm. The elbow is really just the upper end of the ulna bone.
The bony tip of the elbow is known as the Olecranon.
On the face of it, the arms and legs have a lot of similarities in their bony structures. The upper part of each limb is a single bone and the lower section (below the elbow or knee) consists of two bones.
Both the elbow and knee are vulnerable to injury.
- If hyper-extended (i.e. extended beyond the limit of the hinge joint),
- If sprained (twisted), or
- If forced laterally.
One obvious difference between elbow and knee is that the knee has the protection of a bony plate in front of it.
This is the knee cap or patella. It allows us to kneel and bear our weight without hurting ourselves. The knees must also support a lot of weight whether we are walking, running, hopping or crouching.
With the elbows, though, the normal functions are different.
We lean or prop ourselves up on them. They are a pivot point when we are carrying or lifting stuff. We don’t usually walk about on our elbows so a protective bony cover is not necessary.
What are the possible consequences of elbow injuries
Here are examples of possible specific problems resulting from elbow injuries, as reported in various case reports from the UK courts.
- Fracture dislocation of the elbow joint
- Impairment of sensation in the thumb index and middle fingers of the hand due to damage to the median nerve
- Problems with flexion, extension, pronation and supination
- Crepitus (grating) in the joint
- Loss of muscle bulk
- Surgical scarring (case examples describe scars as long as 23cm – and such scarring is likely to cause embarrassment and cause the person to be unwilling to wear short-sleeved clothing)
- Pain increasing due to extremes of heat and cold
- Bone grafting
- Elbow replacement
Various hobbies and activities are commonly affected by elbow injuries.
Here are some examples from court cases which have been reported for the purpose of illustrating the values given to elbow injuries.
- DIY work
- Ability to climb ladders
- Ability to work with small tools such as screwdrivers
- Finding a comfortable sleeping position
- Cake making
- Playing with children
- Teeth brushing
- Combing hair
- DIY jobs
- Driving (or driving any distance)
- Shopping (carrying shopping bags)
- Rock climbing
- Using a keyboard
Lawyers and insurers refer to the Judicial College Guidelines for a ballpark guide to the valuation of different elbow injuries.
These Guidelines are just for general guidance. As you will see below, the values under different sub-divisions do not always even overlap each other.
In Scotland, the most severely disabling elbow injuries will attract awards from about £30,000 up to about £42,000. Remember that this is just for the injury itself; additional things you can claim for will include wage loss, services and out-of-pocket expenses, depending on your circumstances.
The Guidelines class “less severe injuries” as injuries impairing the function of the elbow but not involving major surgery or significant disability. This bracket covers valuations in a suggested range of £12,000 to £25,000
Most elbow injuries are reckoned to fall into the “moderate or minor category”.
This includes simple fractures, tennis elbow syndrome and lacerations. These are generally injuries which cause only temporary damage and do not leave behind any permanent impairment of function.
As with most injuries, where there’s a full recovery within 3 years of accident, the guidance for valuations can be a bit more specific.
So, where your elbow injury fully resolves after about one year, the recommended figure is an award in the region of £2,700. If the majority of symptoms disappear within 18 to 24 months, leaving only nuisance level symptoms behind, you’re looking at around £4,800.
You might get up to £10,000 if your main recovery period is 3 years and you have nuisance level symptoms remaining, especially if you have required to undergo surgery.
How we can help
We’ve discussed issues concerning claiming compensation for elbow injuries in Scotland.
If you have any questions regarding the matters covered in this post, please get in touch. You can call our solicitors – Marie and Peter – on 01343 544077 or you can send any question via a Free Online Enquiry.
All initial enquiries are at “no charge” and without obligation, whether you’re asking about the content of this article or regarding any aspect of our personal injury claims services generally.