An individual has about 160 bursae, or fluid-filled sacs, in their body. Bursae are cushioned between tendons, bones, muscles, and joints. Whenever one or more of the bursae become inflamed, it is called bursitis.  Bursitis can occur in the:

  • Elbow
  • Shoulder
  • Ankle
  • Buttocks
  • Thigh
  • Hip
  • Knee

Inflammation can cause symptoms such as swelling, loss of movement, pain, and tenderness. Bursitis injuries are related to overuse or repetitive stress injuries. These are injuries that are caused by repeating the same motion over and over, often daily.

What is a Job-Related Repetitive Stress Injury?

A job-related repetitive stress injury is caused by performing a certain work-related task over and over again without a break or variation. A common example of this is when a worker is required to lift boxes as a part of their job description.

The repeated motion of bending and squatting can often be a cause of bursitis in the long run. Bursitis and other types of overuse injuries are also called repetitive stress disorders, or RSD.

Is a Bursitis Lawsuit a Personal Injury Claim or Workers’ Compensation Claim?

Typically, bursitis is considered a personal injury, and a person wanting to file a lawsuit for their bursitis would need to file a personal injury claim. However, if the person suffering from bursitis incurred bursitis as a result of their job, they would need to file a workers’ compensation claim.

An employee is usually required to seek workers’ compensation for injuries they sustain on the job instead of personal injury damages. A person under a workers’ compensation plan may receive benefits such as:

  • Replacement income
  • Rehabilitation
  • Paid medical expenses
  • Long-term compensation for permanent loss of work
  • Temporary disability payments

These can sometimes depend on the agreement and policies of the employer, as well as state laws that cover the subject matter. Compensation may also be affected by previous injuries or pre-existing medical conditions.

It’s important to keep in mind that a claim for workers’ compensation may be denied, and once it’s denied it is very difficult to appeal the claim. To maximize your chances, keep records of doctor’s appointments and make sure that you can clearly demonstrate that the injury was caused or significantly worsened due to your job.

What If My Bursitis Injury Is the Result of an Accident?

An individual can file a bursitis lawsuit if they were injured by someone else’s intentional act or negligence. For instance, a driver may suffer a bursitis injury as the result of a car accident. They may sue the other driver to recover compensatory damages related to the bursitis.

In such lawsuits, the damages might cover a range of losses experienced by the injured person, including medical bills, pain and suffering, lost wages, and other costs.

Since bursitis may affect the person’s ability to perform tasks, damages might also include calculations for lost earning capacity as well.

Should I Contact an Attorney about My Bursitis Lawsuit?

A bursitis injury can be very painful and very expensive to deal with. You may need to talk to a local personal injury attorney to learn about your legal rights and what type of claim you should file. Your attorney can guide you through the process and represent you during important meetings.