Claim Criminal Injuries Compensation For Dislocated or Fractured Elbow
Suffering a fractured elbow can be a painful, traumatic, and life-altering experience—especially when it results from a violent crime. Not only does the injury itself bring physical pain, but it also disrupts everyday routines, work, and independence. Whether you’ve been assaulted, attacked in public, injured during a robbery, or suffered harm from domestic abuse, the aftereffects can be overwhelming. In such cases, you may be entitled to compensation from the Criminal Injuries Compensation Authority (CICA), a government body that provides financial redress to victims of violent crime in the UK.
Elbow injuries caused by violence are more common than many realise. Victims often suffer fractures while defending themselves from an attacker or during forced falls. These injuries can lead to extended time off work, costly rehabilitation, and in some cases, permanent disability. CICA exists to provide financial support that helps victims manage these burdens and focus on recovery.
Understanding Elbow Injuries and Common Criminal Causes of Elbow Injuries
A fractured elbow typically involves a break in one or more of the three bones that make up the joint: the humerus, radius, or ulna. This type of injury can cause significant and lasting mobility issues, nerve damage, and chronic pain. Many cases require surgical treatment followed by extended rehabilitation, often including physiotherapy and lifestyle adjustments. Time away from work is also common, which can further disrupt a victim’s life. Elbow fractures can vary in severity:
- Non-displaced fractures: The bone cracks but remains in place. These may heal with immobilisation and rest.
- Displaced or comminuted fractures: The bone shifts or shatters into multiple pieces, often requiring surgical repair.
- Compound (open) fractures: The bone pierces the skin, leading to a higher risk of infection and possible long-term complications.
- Fracture with dislocation: These complex injuries involve a joint dislocation in addition to a break, typically requiring both surgery and long-term therapy.
In CICA claims, the cause of injury must be a violent crime. Common criminal circumstances leading to fractured elbows include:
- Physical assaults: Direct punches, kicks, or use of weapons such as bats or blunt objects can cause significant trauma to the elbow. These assaults often occur during street fights or altercations in public places and are one of the most frequent causes of elbow fractures reported to CICA.
- Robberies or muggings: During violent theft attempts, victims may be pushed to the ground or struck while resisting. Landing on an outstretched arm while falling is a common mechanism of elbow fracture.
- Hit-and-run incidents: In some violent acts involving vehicles, such as an intentional strike against a pedestrian, upper limb injuries including elbow fractures can occur. These incidents are compensable under CICA if reported to the police.
- Domestic violence: Victims may sustain serious elbow injuries while trying to protect themselves from physical abuse. Defensive wounds are common in domestic assault cases, where the victim shields the head or upper body with their arms.
- Gang-related violence: These often involve brutal force, whether through physical beatings, weapon strikes, or forced falls, resulting in fractures and dislocations of the elbow.
- Unprovoked street attacks: Victims of sudden, random violence in public—being punched, shoved, or tackled—frequently report elbow injuries, especially when bracing for impact or trying to escape.
- Armed assaults: Use of weapons such as metal rods, bats, or makeshift blunt instruments can inflict direct trauma to the elbow, causing complex fractures.
- Violence in public places: Bars, clubs, or crowded events can be hotspots for aggressive behaviour. Victims who are attacked or caught in altercations may fall or be struck in the arm, leading to elbow fractures.
Understanding the medical nature of the injury and its cause is crucial when providing evidence in a CICA claim.
- Victim of a crime of violence: The injury must be the result of a violent act in England, Scotland, or Wales.
- Police report: The crime must be reported to the police without unreasonable delay. A failure to report can lead to automatic rejection.
- Cooperation with authorities: You must have cooperated fully with the police investigation and prosecution.
- Timeframe: The claim should be submitted within two years of the date of the incident. Exceptions may apply in cases involving mental health issues or abuse.
- Qualifying injury: The injury must be listed under the official CICA tariff of injuries. For fractured elbows, these are clearly defined.
- Conduct: Your own behaviour during the incident is assessed. If you provoked the attacker or were involved in criminal activity, it could affect your award.
The CICA may also reduce or reject claims if the applicant has a criminal record or fails to provide sufficient evidence. Medical records, police statements, and personal testimony will be reviewed to assess the claim’s validity.
How Much Compensation You Can Receive for Elbow Injuries?
Our cica claim calculator in the main menu will help you with estimating the potential compensation that may be paid in respect to your claim. However, be aware that figures do vary considerably depending upon the nature (severity) of the injury and the impact on your daily life, period of suffering and whether any mental harm has been caused.
The CICA tariff defines compensation bands based on the severity of injuries. Elbow injuries fall under specific categories:
- Dislocated or fractured – one elbow – substantial recovery: £1,500
- Dislocated or fractured – one elbow – continuing significant disability: £6,200
- Dislocated or fractured – both elbows – substantial recovery: £6,200
- Dislocated or fractured – both elbows – continuing significant disability: £11,000
These awards depend on your recovery outcome. A “substantial recovery” means the injury healed well with no or limited long-term impact, while “continuing significant disability” refers to reduced arm function, ongoing pain, or permanent restriction of movement.
In many cases, additional compensation is also available:
- Loss of Earnings: If you were unable to work for more than 28 weeks due to your injury, you may claim compensation for lost income.
- Special Expenses: This includes the cost of medical aids, travel to appointments, personal care, and adaptations to your home.
- Mental Health Impact: If the injury led to psychological trauma such as PTSD, anxiety, or depression, a separate award may be available. A diagnosis from a registered mental health professional is required.
- Multiple Injuries: If you suffered more than one qualifying injury, CICA calculates awards as 100% of the highest-valued injury, 30% of the second, and 15% of the third.
Example: If you fractured one elbow with significant ongoing disability (£6,200) and also suffered a qualifying psychological injury (£2,400), your total compensation may be calculated as £6,200 + (30% of £2,400 = £720) = £6,920.
Understanding Elbow Injury and Different Types of Elbow Injuries
When filing a Criminal Injuries Compensation Authority (CICA) claim for a fractured elbow, it is crucial to understand the specific nature of your injury. The elbow is a complex hinge joint formed by three bones—humerus, radius, and ulna. Injuries to this joint can vary in severity, directly influencing the compensation amount awarded by CICA. Detailed medical classification helps build a stronger case.
Here are the most common types of elbow injuries seen in CICA claims:
- Simple fractures: These involve a clean break with little or no displacement. While typically healed through immobilisation, they can still cause persistent discomfort, stiffness, or mild functional limitations.
- Comminuted fractures: These are complex breaks where the bone shatters into multiple pieces. They are often caused by high-impact trauma, such as being struck by a weapon, and usually require surgical intervention. Long-term therapy is often needed to regain strength and mobility.
- Open (compound) fractures: The bone breaks through the skin, significantly increasing the risk of infection and long-term damage. These serious injuries often need multiple operations and come with an increased risk of permanent disability.
- Fracture-dislocations: A combination of a broken bone and a dislocated joint. These are medically complex injuries that often lead to ligament damage, joint instability, and long recovery periods.
Long-term complications associated with fractured elbow injuries include:
- Chronic elbow or forearm pain affecting mobility
- Reduced ability to lift, push, or carry objects
- Persistent tingling or numbness due to nerve involvement
- Development of post-traumatic arthritis
- Partial or complete loss of strength or range of motion
These complications must be clearly documented to ensure the correct CICA compensation tariff applies to your case.
Strengthening Your CICA Claim: Evidence and Documentation
A successful CICA claim for a fractured elbow hinges on your ability to present compelling and thorough evidence. The more accurately you document the effects of the injury, the better your chances of receiving the full compensation amount you’re entitled to.
Key types of evidence include:
- Hospital and GP records: A&E admission notes, x-rays, treatment plans, and follow-up reports that describe the severity and progression of your elbow injury.
- Surgical documentation: Reports of any procedures, such as open reduction and internal fixation (ORIF), and details of any implants or pins used.
- Specialist consultations: Orthopaedic assessments, physiotherapy notes, and long-term prognosis, especially if long-term disability is expected.
- Evidence of nerve damage: If nerve involvement (e.g., ulnar or radial nerve injury) occurred, include EMG reports, neurology consults, and occupational therapy evaluations.
- Photographic evidence: Photos of visible injuries, surgical wounds, or scarring that support the severity of your injury.
- Personal statement: A first-hand account describing how your injury affects your day-to-day life, from personal care and household chores to your emotional wellbeing.
- Care records and receipts: Any documentation proving you required help for daily tasks—either from a professional or unpaid family member.
- Witness accounts: Statements from those who saw the incident or helped you afterward can support your version of events.
Ensure your evidence is well-organised and consistent, clearly linking your injury to the crime and showing its personal and financial consequences.
Common Mistakes That Can Affect Your CICA Elbow Injury Claim
Many CICA claims for fractured elbows are delayed or rejected due to common avoidable errors. Knowing what to watch for can keep your claim on track:
- Delayed police reporting: You must report the crime as soon as possible. Failure to do so can cause automatic disqualification.
- Incomplete medical records: General practitioner letters are rarely enough. Ensure you have hospital records, surgery notes, and rehabilitation documentation.
- Ignoring psychological effects: Many victims of violent crimes experience anxiety, depression, or PTSD. Include a formal diagnosis from a mental health professional if applicable.
- Underreporting ongoing issues: Don’t downplay your symptoms. Continued pain, weakness, or disability must be documented with medical follow-up.
- Missing financial documentation: If claiming special expenses or loss of earnings, provide receipts, payslips, or letters from employers.
- Submitting vague statements: Your impact statement should be detailed, time-specific, and honest. Explain how daily life has changed since the injury.
Avoiding these missteps ensures your application reflects the full scope of your suffering and losses.
The Long-Term Impact of Elbow Injuries
Fractured elbows, particularly those caused by violence, can leave lasting effects well beyond the healing period. These long-term consequences are critical when calculating compensation, as they reflect the injury’s broader toll on your life.
Some of the most reported long-term effects include:
- Persistent pain and swelling: Even after treatment, some victims experience pain during movement, strain, or in cold weather.
- Loss of function: Limited ability to rotate or extend the arm, impacting daily tasks like lifting, cleaning, or dressing.
- Nerve-related issues: Elbow injuries may damage surrounding nerves, resulting in tingling, numbness, or loss of grip strength.
- Psychological distress: Anxiety, flashbacks, and sleep issues can arise from the trauma of the attack and the recovery process.
- Occupational limitations: Jobs involving manual labour or desk work can be difficult due to discomfort or restricted mobility.
- Increased medical dependency: Ongoing physiotherapy, pain medication, or potential future surgeries may be needed.
Documenting these long-term effects—through medical evidence and personal statements—helps justify higher compensation brackets.
Additional Compensation You May Be Entitled To
CICA compensation for a fractured elbow isn’t limited to the physical injury alone. If the incident has led to additional costs, lost income, or psychological harm, you may qualify for further awards under the CICA scheme.
You may be eligible to claim:
- Loss of earnings: If your injury stopped you from working for 28 weeks or more, CICA can award compensation based on your previous income. Submit tax returns, payslips, or employer letters as proof.
- Special expenses: These must be directly related to the injury and may include:
- Medical aids such as slings, elbow braces, or ergonomic tools
- Travel expenses for hospital or physiotherapy appointments
- Paid domestic help or personal care support
- Modifications to your home (e.g., adapting doors or taps)
- Psychological injuries: Mental health struggles caused by the attack, such as PTSD or depression, can be included. A formal diagnosis from a psychologist or psychiatrist is required.
- Multiple injury compensation: If you suffered more than one qualifying injury, CICA applies a tiered structure:
- 100% of the most serious injury
- 30% of the second most serious
- 15% of the third
Example: A fractured elbow with significant long-term disability (£6,200) plus a diagnosed psychological injury (£2,400) could result in a combined award of £6,200 + £720 = £6,920.
Long-Term Medical and Rehabilitation Needs
Recovering from a fractured elbow—especially one caused by a violent crime—is not always straightforward. Many victims require long-term or even lifelong medical attention to regain strength, mobility, and function. Understanding and documenting your ongoing care needs not only supports your well-being but also strengthens your CICA claim.
Some common long-term rehabilitation and medical interventions include:
- Physiotherapy: Essential for rebuilding muscle strength and improving joint mobility. This often continues for months and may be needed intermittently for years.
- Occupational therapy: Helps victims adapt to daily tasks and rebuild functional independence, especially if fine motor skills are impaired.
- Pain management: Chronic pain following elbow fractures may require long-term use of medication, corticosteroid injections, or pain clinics.
- Surgical follow-ups: For individuals who had plates, screws, or pins inserted, follow-up surgeries to remove hardware or address complications are often needed.
- Rehabilitation equipment: Items such as braces, ergonomic supports, or adaptive tools may be necessary for extended periods.
- Mental health therapy: Long-term psychological support for trauma, anxiety, or depression related to the violent incident and prolonged recovery period.
Victims should keep detailed records of all post-acute care needs, including appointments, prescriptions, therapy notes, and costs. These can support claims for special expenses and help demonstrate the true impact of the injury. Recognising and addressing long-term medical and rehabilitation needs is crucial—not just for compensation, but for achieving meaningful recovery.
Additional Losses You Can Claim
Loss of Earnings – If your injury caused you to be unable to work for more than 28 weeks, you may be eligible for compensation from the Criminal Injuries Compensation Authority (CICA) for lost earnings. To qualify, you must be able to demonstrate that you had a consistent and regular income before the injury. This could include proof of full-time employment, self-employment, or any other verifiable source of income. CICA will consider your pre-injury income levels to calculate the compensation. This can be especially crucial if the injury significantly impacted your financial stability and your ability to support yourself or your family.
Psychological Trauma – If your injury led to psychological trauma such as Post-Traumatic Stress Disorder (PTSD), depression, or anxiety, you may be entitled to additional compensation. These mental health conditions can have a long-term impact on your well-being, and CICA recognises the importance of supporting victims of crime with emotional and psychological support. To qualify for compensation for psychological trauma, you will need to provide medical evidence of the diagnosis from a qualified mental health professional. The severity of your condition and the impact on your daily life will be taken into account when determining the amount of compensation.
Special Expenses – If your injury results in additional needs, such as mobility aids or home adaptations, CICA may compensate you for these “special expenses.” However, there is an important criterion: you must have been unable to work for at least 28 weeks as a result of your injury. This compensation is meant to help cover the costs of any special equipment or alterations to your living space that are necessary for you to maintain a reasonable quality of life after the injury. This can include items like wheelchairs, prosthetics, home modifications (such as ramps or stairlifts), or any other equipment that helps you with mobility or daily activities. The claim must be substantiated by proof of these expenses and how they relate to your injury.
- Report the Crime Immediately – Delays in reporting the crime can weaken your claim, so notify the police as soon as possible. If there is a valid reason for a delay, such as being medically incapacitated or facing threats from the perpetrator, you must provide evidence to support your explanation.
- Provide Strong Medical Evidence – Ensure all medical reports, X-rays, and surgical records clearly detail your injury, the severity of the fracture, and its long-term effects. A medical professional’s prognosis regarding mobility limitations, future treatments, and rehabilitation needs can strengthen your claim.
- Keep Financial Records and Document Expenses – If you have lost earnings or incurred medical expenses due to your injury, retain all relevant documentation. You may be able to claim special expenses for:
- Loss of income due to inability to work;
- Mobility aids such as crutches or wheelchairs;
- Home modifications (e.g., stairlifts or handrails);
- Ongoing physiotherapy or rehabilitation costs;
- Travel costs for medical appointments;
- Costs of personal care if you need assistance with daily activities.
- Be Consistent with Your Statements – Ensure your statements to the police, medical professionals, and CICA are aligned. Discrepancies in accounts of how the injury occurred or differences in timelines may raise questions that could delay or reduce your compensation.
- Seek Legal Assistance If Necessary – If your case is complex, involves long-term disability, or was initially rejected, consulting a solicitor who specialises in CICA claims may help strengthen your application. Legal professionals can assist in gathering additional evidence, drafting appeals, and negotiating a fair settlement.
Criminal Injuries Compensation Basic Eligibility Requirements:
You need to meet some basic requirements before you can claim compensation from CICA
- Time Limit: There is a two-year time limit for making a CICA claim for compensation under the scheme, although exceptions may be made in cases where the injury was not immediately apparent or where the victim was a child at the time of the crime. Exceptions may be made for historic sexual abuse cases else you should have a good reason for delay in making a claim.
- Connection Between Injury & Crime: The injuries you are claiming for must have been sustained as a direct result of a crime of violence and you are a blameless victim.
- Reporting the Crime: The crime must have been reported to the police as soon as is reasonably practicable and you do not drop the charges. The victim must have cooperated with the police investigation and prosecution. CICA does not consider whether an assailant is prosecuted or not.
- Residency: To be eligible for compensation under the CICA scheme, the incident must have happened in England, Scotland or Wales and victim must have been resident in the UK at the time of the crime.
- Behaviour of The Victim: The victim’s behaviour must not have contributed to the injury. In certain circumstances, compensation may still be payable even if the victim’s behaviour contributed to the injury, but this will be assessed by CICA on a case-by-case basis.
- Criminal Convictions: In some cases, compensation may be reduced or refused if the victim has an unspent criminal record.
- Injuries Before 1979 (the “same roof” rule): Until 2019, victims injured before 1 October 1979 by an attacker they lived with could not claim. That restriction was abolished in June 2019, so if you were previously refused compensation for this reason you may now be able to apply.
If you are considering making a compensation claim for your injuries, it’s always best to consult with a solicitor or the Criminal Injuries Compensation Authority (CICA) to check your eligibility to make a claim. You can call us or request a free callback for a free initial consultation. We take all CICA cases on a No Win, No Fee basis. This means you don’t need to pay us anything if we can’t secure any compensation.
What is Criminal Injuries Compensation Scheme?
The Criminal Injuries Compensation Scheme in the UK is a government-run program that provides financial compensation to individuals who have been physically or mentally injured as a result of violent crime. The compensation is paid to those who have suffered injury and can demonstrate that the injury was sustained as a direct result of a crime of violence.
To be eligible for compensation, the crime must have been reported to the police and the victim must have cooperated with the police investigation and prosecution. The amount of compensation awarded is based on a tariff system and can range from a few hundred to several thousand pounds, depending on the severity of the injury and other factors.
The purpose of this scheme is to provide financial support to victims of violent crime who have been physically or mentally injured as a result of the crime. The compensation is intended to help cover the cost of medical expenses (which are not covered by NHS or recoverable from any other source), lost income, and other expenses related to the injury.
What Payments Are Available From The Scheme?
CICA will consider claims for the following injuries, medical conditions and special expenses:
- mental or physical injury following a crime of violence;
- sexual or physical abuse;
- loss of earnings – where you have no or limited capacity to work as the direct result of a criminal injury;
- special expenses payments – these cover certain costs you may have incurred as a direct result of an incident. You can only ask us to consider special expenses if your injuries mean you have been unable to work or have been incapacitated to a similar extent for more than 28 weeks;
- a fatality caused by a crime of violence including bereavement payments, payments for loss of parental services and financial dependency; and funeral payments.
To qualify for an award, an injury must be described in the tariff of injuries at Annex E of the CICA Scheme. Not all claims for compensation will be successful; you must be eligible under the rules of the Scheme.
What Information Do I Need To Make A Criminal Injuries Compensation Claim?
To make a claim for compensation claim through the Criminal Injuries Compensation Authority (CICA), you will need to provide certain information and documentation to support your criminal injury claim. Some of the information and documentation as minimum you will need include:
Details of The Crime & Injuries: You will need to provide a detailed account of the crime that resulted in your injury, including the date, time, location of the incident and injury details.
Crime Reference Number: You will need to provide the crime reference number issued by the police.
Police Station, Police Officer Name & Collar Number: You will need to provide the name of the police station, police officer name and collar number who dealt with the crime.
GP & Hospital Details and Medical records: You will need to provide GP & hospital details, consent to ask your medical records to see the nature and extent of your injuries, including any diagnoses and treatment received and submit it to CICA.
Other Supporting Evidence: You may also need to provide additional supporting evidence, such as witness statements or photographs, specialist medical reports, etc. to support your claim.
How is The Compensation Amount Determined?
The compensation amount is determined based on a tariff system that takes into account the specific nature and impact of the injury. We can assist with negotiating the compensation amount and ensuring that you receive the maximum amount of compensation available under the scheme. We can also check your eligibility to make a CICA claim and also advise you the approximate award amount you might receive from CICA.
Can I File a CICA Claim & Receive Compensation if The Offender is Not Convicted?
Yes, you can still file a CICA claim and compensation may still be payable even if the offender is not convicted. Remember you have two years to make a compensation claim under the CICA scheme, although exceptions may be made in cases where the injury was not immediately apparent or where the victim was a child at the time of the crime. Exceptions may be made for historic sexual abuse cases else you should have a good reason for delay in making a claim.
Can I Receive Compensation if I Was Injured Outside the UK?
To be eligible for compensation through the CICA, the crime must have occurred in England, Scotland, or Wales. If you were injured outside of the UK, you may still be eligible for compensation through other schemes or compensation programs but not from CICA.
Which Injuries Can Not Be Claimed From CICA?
CICA has specific eligibility criteria for claims, and certain types of injuries or circumstances may not be eligible for compensation. Here are some common examples of injuries or circumstances that may not be eligible for compensation through the CICA:
Self-inflicted Injuries: Compensation cannot be awarded for injuries that were self-inflicted or caused by the victim’s own actions.
Criminal Activity: Compensation cannot be awarded for injuries sustained as a result of criminal activity in which the victim was participating, such as a fight or brawl.
Minor Injuries: Minor physical injuries which can be healed itself such as scratches, bruises, black eye, soft tissue injuries, broken nose, broken ribs, bruising or a black eye are not claimable. You can claim for scarring from the CICA scheme.
Animal Attack / Dog Bite: You can’t claim for any animal attack or dog bites unless the animal was used as a weapon and ordered to attack purely to cause the harm or injuries.
Theft or Burglary: Damaged or lost/stolen properties such as house, car, phone, or any other device cannot be claimed from CICA scheme. You can claim for physical or mental injuries sustained as a result of theft, burglary and attack.
PTSD Not Diagnosed by Psychologist or Psychiatrist: PTSD, Anxiety and depression needs to be diagnosed by a clinical Psychologist or Psychiatrist in order to make a claim. CICA won’t accept any diagnosis by GP or any other medical professional.
When CICA Can Reject Your Claim?
The most common reasons for a Criminal Injuries Compensation Authority (CICA) claim to be rejected are:
Time Limit: Claims must be made within two years of the date of the incident or the date when it is reported to the police. Where claimant is a minor they have until their 20th birthday to make a CICA claim. Claims made outside this time limit may be rejected, unless you have exceptional circumstances for the delay in submitting your claim.
Failure to Cooperate With the Police: Compensation claim may be rejected if the victim failed to provide statement, cooperate with the police during the investigation or dropped charges.
Unspent Conviction: If the claimant has an unspent conviction at the time of applying or before an award offer, their claim may be reduced or rejected. If you are unsure that your drink and drive or any other conviction is spent or unspent then give us a call.
Minor Injuries: If the injuries you sustained during the incident are minor and not included within the ‘CICA Scheme Tariff” then your claim may be rejected by CICA.
Psychological Injury Without Diagnosis: CICA may reject any claim compensation for mental injuries that are not diagnosed by a clinical Psychologist or Psychiatrist.
Lack of Supporting Evidence: If the requested medical evidence or other supporting evidence are not provided or not enough to demonstrate that you sustain an injury as a direct result of violent crime, then your claim may be rejected.
How We Can Help With CICA Claim?
- Providing Advice on Eligibility: We can help determine if you are eligible for compensation through the CICA scheme, based on the specific circumstances of your case and the other requirements of the scheme. We can help you recover compensation from £1,000 to £500,000.
- Gathering & Presenting Evidence: We can help gather and present evidence to support your claim, including medical records, injury form, GP report and other forms & relevant documentation. We will fight to recover the compensation that you deserve & deal with matters on your behalf.
- Completing the Application Form: We will complete the application form for CICA compensation on your behalf to ensure that it is completed correctly and submitted in a timely manner. We will handle everything on priority basis and keep it confidential.
- Negotiating the Compensation Amount: We will negotiate with the CICA on your behalf to ensure that you receive the maximum amount of compensation available under the scheme. We will also advise you that the compensation award offered is appropriate or not.
- No Win, No Fee: We will proceed with you claim on a No Win, No Fee basis. You don’t need to pay us anything if we can’t secure any compensation for you from CICA.
It’s important to note that while a solicitor is not required to make a claim for compensation through the CICA, many victims find it helpful to have legal representation to ensure that their rights are protected and that they receive the maximum amount of compensation available.
Frequently Asked Questions (FAQs)
