This guide is focused on providing you with information and advice about making a carpal tunnel claim. We will cover the basics of how the acts of a third party could lead to you suffering from carpal tunnel syndrome. And how if you can prove your medical condition was caused by a third party, who owed you a duty of care, you may be able to make a personal injury claim.
No two claims have the same set of circumstances leading to them. Each claim has its own unique aspects. Because of this, we cannot hope to answer every possible question you may have, in a single guide. But don’t worry if this is the case. We can still provide you with the answers that you need. All you have to do is reach out to our team of advisors on 0161 696 9685. They can help you further.
Select A Section:
- A Guide On Making Carpal Tunnel Claims
- What Is The Average Payout For Carpal Tunnel Claims?
- Could You Be Compensated For With A Carpal Tunnel Injury?
- What Is A Carpal Tunnel Syndrome Injury?
- Carpal Tunnel Syndrome Symptoms
- How Carpal Tunnel Syndrome Is Treated
- How To Prevent Carpal Tunnel Syndrome
- Employers Duty Of Care To Employees
- How To Prove An Employers Negligence
- Workplace Carpal Tunnel Syndrome Injury Statistics
- When Can You Claim Against An Employer For Carpal Tunnel Syndrome?
- No Win No Fee Carpal Tunnel Claims
- Contact Us
- Further Information
A Guide On Making Carpal Tunnel Claims
This guide to carpal tunnel syndrome claims will cover all of the basic information you need to know, in order to understand how the claims process works. You will learn about why you may be eligible to make a claim. And also, how to go about starting one. This guide starts off by discussing two of the financial considerations of making a claim. We have provided an example compensation table. It shows how the severity of your injury will drive the level of compensation you receive. Additionally, we have listed some of the more common types of damages you might claim. Both general damages and special damages.
The guide then moves on to provide information about what carpal tunnel syndrome is. We cover the symptoms as well as the treatment. Additionally, we give some tips on how to prevent carpal tunnel syndrome.
The last sections of this guide look at claiming against your employer. The duty of care your employer owes you is covered in the Health And Safety At Work etc Act 1974. As well as the responsibilities your employer must meet to keep you safe at work. We have given some key statistics related to the condition. And also, a general guide to when you can make a claim against your employer.
Finally, we finish up this guide by taking a look at what a No Win No Fee solicitor is. We cover the benefits of funding a solicitor using a No Win No Fee deal, and how the fee structure works.
Get More Help
Do you need some advice about claiming carpal tunnel compensation? You can use the number at the end of the page to get in contact with our claims team. They can help you with any questions you have. And also tell you about the personal injury claims time limit that will apply.
What Is The Average Payout For Carpal Tunnel Claims?
It is impossible to come up with compensation amounts. This is because compensation payouts are driven by the unique circumstances of each claim. The table below shows this quite clearly. It is based on guidelines published by the Judicial College in England.
|Injured hand||Moderate||This category would cover deep penetrating wounds, crush injuries, lacerations, burns, etc. As well as medical conditions that have been partially treated through surgery.||£5,260 to £12,460|
|Injured hand||Less serious||This category would cover severe lacerations and burns, as well as severe crush injury resulting in significantly impaired function.||£13,570 to £27,220|
|Work-Related Upper Limb Disorders||Bilateral disability||Causing permanent disability and loss of employment||£20,560 to £21,700|
|Work-Related Upper Limb Disorders||Continuing symptoms||Fluctuating and unilateral symptoms||£13,970 to £15,330|
|Work-Related Upper Limb Disorders||3 year Recovery||Symptoms including carpel tunnel will resolve within 3 year||£8,110 to £10,090|
You could be able to find an online personal injury claims calculator. It can roughly estimate the value of your claim for you in terms of general damages. Alternatively, an advisor from our team can value your claim more accurately for you. Call our team to learn how to have this done.
Could You Be Compensated For With A Carpal Tunnel Injury?
If you win your carpal tunnel claim, you will receive a compensation settlement. It will be awarded in court or offered out of court. It will comprise of different types of damages. Each falling under one of the two broad headings of general damages and special damages. We cover both of these in the sections below.
These are paid to you to make up for physical or psychological harm. This would cover the pain and suffering of your medical condition, and also any pain caused by your treatment. General damages are paid for many reasons. Such as:
- The pain and suffering of the symptoms of your carpal tunnel syndrome.
- For any long-term impairment that the condition will result in.
- For permanent disabilities, if your hand, wrist or arm will never recover fully.
- Any pain caused by the treatment you had to go through.
These types of damages are paid to you to make up for financial and other non-physical losses. These could be projected losses, or losses already incurred. If you do intend to claim back losses already encountered, you must provide documented proof of spending. There are many ways that you can suffer financial loss that special damages may compensate. Such as:
- Out of pocket expenses. For example, train tickets or postage costs.
- The cost of private medical care. If you paid for some of your own treatment.
- Care costs. If you had to hire a nurse to provide in situ medical care at home.
- Lost income. If you didn’t get paid for taking time off work while you recovered.
- Lowered lifetime earnings. If you will no longer be able to work so much in the future because of your injury.
These are all examples of the types of damages you might receive. There are many more types of course. You can get a rough idea of which damages might be appropriate in your own case. Just call our claims team and they can help with this.
What Is A Carpal Tunnel Syndrome Injury?
Carpal tunnel syndrome results from pressure being indirectly or directly on the median nerve. This is the main nerve on the anterior of the forearm. Carpal tunnel syndrome causes include compression of this nerve. Either due to direct pressure being applied to the nerve itself, or the tissue around the nerve swelling up and compressing it.
The carpal tunnel is a gap through the arm into the hand. It is surrounded completely by ligaments and other soft tissue. It runs along the palm side of your lower arm and wrist to the hand. A positive carpal tunnel syndrome diagnosis would depend on the symptoms you are exhibiting.
Carpal Tunnel Syndrome Symptoms
In order to make a carpal tunnel claim, you need to prove that you have suffered from the condition. Demonstrating carpal tunnel syndrome symptoms such as:
- A general numbness of one or possibly both hands.
- Pain or aching in your lower arm, hand or fingers.
- A tingling in your hand or fingers.
- A weak grip, with your thumb lacking power.
How Carpal Tunnel Syndrome Is Treated
When it comes to carpal tunnel syndrome treatment, there are multiple options. Depending on the severity of your symptoms. Doctors may advise you to:
- Stop doing the things that caused the condition.
- The doctor may prescribe anti-inflammatory medication
- Perform simple exercises to alleviate the pressure being applied to the median nerve.
- Use a splint on your wrist to support it and take pressure off the nerve.
- Surgery, in the worst cases. With a very high success rate.
We are not medical professionals always seek medical advice when looking for treatments for carpal tunnel. Each person is different and treatments may vary. The length of time it will take you to recover from carpal tunnel syndrome depends on how bad your case was. If you undergo surgery, it will take approximately one month before you are ready to start using the hand again normally.
How To Prevent Carpal Tunnel Syndrome
Carpal tunnel syndrome can be extremely painful. Therefore, if you know you are predisposed to such an injury, it is best to minimise the chance of it flaring up. By taking action such as:
- Keep respective hand movements down to an absolute minimum.
- Wear a wrist splint when you are sleeping at night. This will keep your wrist straight.
- If you use a computer, make sure your workstation has been set up following guidelines on safe computer use.
- Keep hands warm
- Try to keep your wrist straight whenever you can.
- Break up long sessions of repetitive wrist action with regular breaks.
We are not medical professionals always seek medical advice when looking for treatments for carpal tunnel. Each person is different and treatments may vary. To hold a valid claim for a carpel tunnel injury at work you must be able to provide evidence that your employer was at least partially at fault for your condition. That they breached their duty of care they have for you and this led to the diagnosis of carpal tunnel. Alternatively is lead to the worsening of your condition.
Employers Duty Of Care To Employees
It is your employer’s responsibility to provide you with a safe place to work. There are multiple layers of rules and regulations in place to ensure this. And these include:
- Health and Safety at Work etc Act 1974
- Management of Health and Safety at Work Regulations 1999
- Manual Handling Operations Regulations 1992
- Health and Safety (Display Screen Equipment) Regulations 1992
Employers are responsible for providing a workplace that is as safe as can practically be. They can do this by providing Personal Protective Equipment, providing training and carrying out risk assessments to name but a few. In cases of carpel tunnel if your job position puts you at risk of developing the condition it is vital that employers take steps to reduce the risks. This can include providing appropriate rest breaks, ensure that your tasks rotate so you are not constantly repeating the same action and designing work station to accommodate the employee.
In cases where your employer has not taken steps to reduce the risk of carpal tunnel, especially when you are showing early signs of the condition call our advisors. They will assess your case for free and inform you whether you are eligible to claim compensation for your condition.
How To Prove An Employers Negligence
In order to be able to claim compensation for carpal tunnel syndrome, you need to prove your employer was the root cause of your condition. Or the fact they caused your condition to get worse. And the onus is on you to gather evidence to prove your employer’s liability. A personal injury solicitor might be able to help you with this. Typically, you can provide evidence such as:
- Photographs of the cause of your condition. For example, pictures of a poorly set up desk, chair or computer.
- Any documented proof that your employer knew of the problem. For example, emails that you sent to your manager complaining about your workstation.
- The name and contact details of any witnesses. For example, if a work colleague has seen you struggling for some time with a badly set up workstation. They may be called upon to give testimony in the future.
- The findings of an independent medical examination. The report the doctor produces can be submitted to show how serious your injury is/was. And potentially how it was caused.
Workplace Carpal Tunnel Syndrome Injury Statistics
The HSE has published statistics related to new cases of work-related carpal tunnel syndrome for 2019. The key takeaways from these statistics are:
- In 2019, there were 139 new cases of work-related carpal tunnel syndrome in the UK.
- Between 2010 and 2019, men suffered 2,430 cases of work-related carpal tunnel syndrome, whilst women suffered 185 new cases.
- The number of cases of carpal tunnel syndrome in the workplace has reduced each year. From 475 in 2010 to 135 in 2019.
So, these statistics show that the risk of developing carpal tunnel syndrome at work has reduced in recent years. But some cases do still occur. To find out if your case of carpal tunnel qualifies for compensation call our claims team today.
When Can You Claim Against An Employer For Carpal Tunnel Syndrome?
As we have already mentioned, you can only make a carpal tunnel claim when you can prove that your employer has somehow caused your condition. Or caused your injury to worsen. In order to make a valid claim against your employer you must prove 3 key areas:
- You were owed a duty of care
- Your employer breached this duty
- You suffered an injury or illness because of this breach
But there are further considerations. For example, there will be a time limit in place. Within which you must begin your claim. The time limit depends on the circumstances of your claim. Generally, there is a personal injury time limit of three years. This can either begin from the date of your accident if you were aware of your suffering straight away. Alternatively, it can begin from the date you gained knowledge that your illness was caused by employer negligence. In some rare cases, these time limits could differ. So, it is worth talking to our team to have the time limit that applies in your case confirmed.
Split Liability Claims
A further consideration is that in some cases, your employer may have contributed to your injury but not been wholly responsible. For example, at work, you use a computer. And in the evening at home, you play computer games. Both of these things could contribute to causing carpal tunnel syndrome. So, it may be that your employer isn’t solely to blame. In such a case, you would need to prove that your work environment is unsafe. That your computer workstation is not set up properly. It may be that your employer only accepts partial liability. When this happens, you can still make a claim. But the amount of compensation you receive will be less. Based on the percentage of responsibility your employer admits or is proven to have caused. Once again, this is something our team can tell you more about. Give them a call for some free legal advice.
No Win No Fee Carpal Tunnel Claims
What is a No Win No Fee solicitor? You have probably heard the term before. But do you really understand the intricacies of a No Win No Fee agreement? Sure, the term itself pretty much sums up how a solicitor is funded, but do you know how?
Another name for this type of fee arrangement is a Conditional Fee Agreement (CFA). Under a CFA, a solicitor has agreed to process your claim for you, and that their fee is conditional on winning your claim for you.
The solicitor won’t ask you to pay a retainer or any other kind of new claims fee. The claim might take a long time to resolve, months or more. During this time, the solicitor will not ask you to pay any ongoing fees. If the claim is unsuccessful, once again the solicitor won’t expect to be paid any fees.
If the claim is successful though, a modest success fee might be due. But by this time, the solicitor will have already been sent a compensation payment for you. And the success fee can be deducted from this money. And the remainder will be given to you.
For additional information about how this fee structure works, and when you will have to pay your solicitor, please call and talk to one of our claim advisors. They will go over the fee structure in greater detail, and also answer any questions you have.
Do you think that you have due cause to make a claim for carpal tunnel syndrome compensation? Was the injury caused by your employer or some other third party? Or maybe you just need some free legal advice about making a carpal tunnel claim?
Our claims team is ready to help you.
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