Only those who have suffered carpal tunnel syndrome will be aware of how painful and uncomfortable it can be. Often associated with the likes of vibration white finger/repetitive strain injuries, there are no legal protections to avoid carpal tunnel syndrome in the workplace.
So, if you have developed this condition over the years, you should take advice about seeking compensation.
Carpal tunnel syndrome is just one of a number of similar medical conditions which can have a serious impact on your standard of living. The constant pain and suffering in the wrist, hand and fingers can, at times, impact your ability to simply grip everyday items.
While many people assume this is just simply “part of the job” this is not the case. If your employer has been negligent, then you may well be entitled to compensation.
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The carpal tunnel is positioned near the wrist area, and constant pressure/vibration can compress the nerves in your wrist. As a consequence, it can be extremely painful when using your wrists.
While sometimes associated with typists/keyboard users it is a condition which also impacts those who use pneumatic drills and vibrating equipment.
If you develop carpal tunnel syndrome as a consequence of negligence by your employer, you may be entitled to compensation of between £1760 and £2810. However, this may not be the full story.
If for example, you require medical treatment and you are unable to return to work, then compensation could be significantly increased.
There are two types of damages, general damages and special damages. General damages are best described as compensation for your pain and suffering, but in some scenarios, they can be insignificant, compared to special damages. There is a set range of compensation for your pain and suffering as detailed above.
Special damages are best described as recompense for costs incurred, future medical expenses and other elements such as loss of earnings. If you are unable to return to work as a consequence of carpal tunnel syndrome, and your employer is found negligent, then they may need to recompense you for loss of earnings.
This is a question which is often asked; there is no simple answer. Research into carpal tunnel syndrome has shown that various issues can increase your chances of developing the condition.
Whether or not it is actually hereditary, this simply increases your chances of developing the condition, is unclear. However, what we do know is that the condition has been recognised since April 1993. As a consequence, you can claim compensation if it developed because of negligence by your employer.
Yes. There are various legal acts which place upon each employer a duty of care towards their employees. While the main act is the:-
There are also other pieces of legislation such as the:-
If your employer has not fulfilled their duty under any of the above legislation, and others relating to the workplace, they may be found negligent. If negligent then you can pursue compensation for injuries received.
Whether we’re talking PPE, safety equipment in general or specific assistance to avoid issues such as carpal tunnel syndrome then yes, your employer is obliged to provide this equipment. It is also worth noting that this equipment must be provided free of charge.
Part of your employer’s legal obligations requires them to carry out risk assessments where there may be a chance of injury to employees. Since carpal tunnel syndrome was classified as a medical condition in 1993, there is more than enough guidance to carry out the necessary risk assessment.
This should be documented, and if not carried out, it can form the basis for claims of negligence.
Yes. When you start employment, you should be introduced to the employee training scheme, which involves an initial training schedule and regular updates. Where there is a risk of carpal tunnel syndrome, this should be covered in health and safety advice and the appropriate safety equipment discussed/provided.
You will require as much evidence as possible when looking to prove employer negligence, resulting in the development of carpal tunnel syndrome in the workplace. This evidence may include:-
If your employer has been made aware of others suffering from carpal tunnel syndrome in years gone by and done nothing about it, this could be seen as negligent.
The next thing is to approach a claims management company and show them your evidence. They will review your case and give you an independent assessment of your chances of success. If they believe you have a minimum 60% chance of success, they will likely offer you a “no win no fee” arrangement.
This means that you will not be liable for their expenses when pursuing your case, although they will request a share of any compensation award.
There is a traditional three-year window of opportunity during which you will need to lodge a claim for compensation. With carpal tunnel syndrome, it is worth noting that the three-year window of opportunity begins when you are diagnosed. The fact that the condition may have begun developing years before matters not.
Carpal tunnel syndrome is an extremely painful medical condition which is often brought about by repetitive actions over a prolonged period of time. Excess pressure on the carpal tunnel next to your wrist can compress the median nerve leading to constant pain and sometimes difficulty maintaining your grip.
It is now recognised as a medical condition, and as such, you are able to claim compensation for your pain and suffering - as well as expenses incurred.
Here at Money Savings Advice, we have partnered with some of the UK’s leading Industrial illness Claims management companies. They have already helped thousands of people claim compensation for injuries & illnesses they have incurred, and they can do the same for you.
Choosing an independent claims management company means they won’t proceed with a claim unless they are sure it is in your best interests. They are also regulated by the FCA, which gives you an additional layer of protection.
If you would like to speak to one of these claim management companies who can help you make a compensation claim, then click on the below and answer the very simple questions.
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