Carpal Tunnel Syndrome (CTS) is a condition that is caused when the median nerve that passes into the hand is compressed. It is an industrial disease that is legally recognised as a work-related upper limb disorder resulting from repetitive wrist flexing actions in the workplace. If you’re considering claiming compensation for carpal tunnel syndrome, our personal injury team can help.
Firstly, they’ll provide a no-obligation review of your claim and secondly, they’ll supply free advice on your eligibility to claim. If it looks like there is a reasonable chance of success, your claim could be referred to a personal injury solicitor from our team. If they agree to represent you, they’ll provide their services on a No Win No Fee basis. Essentially, that means you won’t pay them a penny for their work unless you receive compensation.
If you are ready to begin a carpal tunnel claim today, please feel free to call right away on 0800 6524 881. Otherwise, please read on to find out more about how the claims process works.
Table of contents
- Am I Eligible To Make A Carpal Tunnel Syndrome Claim?
- What Occupations Are At A High Risk Of Carpal Tunnel Syndrome?
- What Types Of Negligence By An Employer Could Lead To A Carpal Tunnel Claim?
- How Can Carpal Tunnel Syndrome Be Prevented?
- How Much Compensation For Carpal Tunnel Syndrome Could I Claim?
- Carpal Tunnel Syndrome Payout Amounts
- Evidence To Support A CTS Claim
- Time Limits For Claiming Carpal Tunnel Compensation
- Can My Employer Sack Me For Claiming Carpal Tunnel Compensation Against Them?
- Starting The Carpal Tunnel Claims Process
To confirm your eligibility to claim compensation for CTS, you’ll need to check that:
- You were owed a duty of care by the defendant (legally, that will always be the case in employer/employee relationships).
- Negligence by your employer meant they breached their duty of care.
- Due to the negligence, you have been diagnosed with carpal tunnel syndrome.
To claim compensation from your employer for CTS, you’ll need to provide evidence for all aspects of your case so we’ll look at that in a later section.
Occupations that require repetitive hand or wrist movements, as well as jobs that involve the use of vibrating tools, can put employees and workers in general at risk of developing carpal tunnel syndrome. Some common examples of occupations that may increase the risk of carpal tunnel syndrome include:
- Assembly line workers.
- Call centre operatives.
- Construction workers.
- Data entry workers.
- Painters and decorators.
- Sewing/textile workers.
If your occupation or job isn’t listed above don’t worry, we could still help you to claim compensation for carpal tunnel if you can prove somebody else’s negligence is to blame.
The main health and safety legislations governing workplace-related carpal tunnel syndrome are:
- The Health and Safety at Work Act 1974;
- Manual Handling Operations Regulations 1992;
- Health and Safety (Display Screen Equipment) Regulations 1992;
- Management of Health and Safety at Work Regulations 1999.
Essentially, all of these Acts and Regulations put the onus of worker safety on the employer. They all state that employers have a duty of care toward their workers. This means the employer is responsible for putting measures and procedures in place to ensure as much as possible that the working conditions are safe for all workers.
They are also responsible for providing their workers with appropriate equipment depending on their specific tasks and for providing them with the relevant training and supervision to minimise the risk of injuries.
As demonstrated above, if your job has the potential to cause CTS, your employer should try to reduce the risks. If they don’t and you’re injured as a result, you could be eligible to seek compensation from them. Tasks that involve the following should therefore be reviewed to see if they can be made safer:
- Repetitive hand motions.
- Strong gripping.
- Awkward hand positions.
- Mechanical stress on the palm.
- Any of the above when working in cold conditions.
Please contact us if you believe your employer has been negligent in preventing you from developing CTS.
To reduce the risk of carpal tunnel syndrome, employers could:
- Provide low-vibration tools.
- Rotate your role so you’re not working on a risky task for prolonged periods.
- Provide safety equipment.
- Offer occupational health reviews.
- Provide a warm environment for regular rest breaks.
If you believe your employer has not taken preventative measures to prevent you from suffering, a carpal tunnel claim might be possible. Please call today to find out more.
According to the NHS, the main symptoms of carpal tunnel syndrome include:
- Aches or pains in your fingers, hand or arm.
- Pins and needles or tingling.
- Numbness in the hands.
- Difficulty gripping or a weak thumb.
To find out your chances of making a carpal tunnel syndrome claim, please call today.
Usually, your solicitor will determine how much compensation you could claim for carpal tunnel syndrome by using two different heads of loss. They are called:
- General damages. This element covers the pain, suffering and loss of amenity your injuries have caused. To establish the significance of your injuries, you will need a medical assessment during the claims process. This is something that your solicitor should be able to book locally.
- Special damages. The second head of loss is for any financial impact caused by your injuries. It could help you to recover any lost income, medical costs, rehabilitation costs and related travel expenses.
Please call our specialist advisors if you’d like us to check what you could include in your claim.
If you’re wondering what amount of compensation you’d receive for CTS, please use the carpal tunnel syndrome payout amounts below as a guide. It provides compensation amounts for general damages (pain and suffering) that are based on the guidelines published by the Judicial College.
Please remember, though, the figures here form just one part of your claim. Financially, every claimant will have been affected differently by carpal tunnel syndrome and thus will need to be calculated separately.
- £2,200 to £3,530 in compensation where Carpal Tunnel Syndrome is present but a complete recovery is made within a matter of weeks to a few months.
- £8,640 to £10,750 in compensation for CTS that resolves within 3 years.
- £14,900 to £16,340 in compensation where there are continuing symptoms.
- £21,910 to £23,130 compensation for continuing bilateral disability.
We should point out the amounts listed here are not guaranteed. Therefore, please feel free to use them as guidance but remember that, if your CTS claim is successful, the amount you receive could differ from those listed here.
The vast majority of CTS claims against employers, in our experience, are handled by insurance companies. Before they agree to pay compensation for carpal tunnel syndrome, you’ll need to demonstrate exactly why your employer was to blame for your injuries. If you can’t do so, you might miss out on any compensation you’re entitled to. Therefore, having as much evidence to support your claim can help immensely.
Some types of evidence you could use to support your CTS claim could include:
- Copies of correspondence. If you told your employer you were worried that your working conditions were affecting you, print out any emails or documents relating to that correspondence.
- Occupational health reports. If your working environment was reviewed by a specialist, their report could be used as evidence.
- Photographs. If you still work for your employer, pictures of any equipment you use or the setup of your workplace could help show how you’ve sustained CTS.
- Medical reports. It is important that your condition is assessed by a professional and treated. After it has been, you can request a copy of your medical records to show the extent of your injury.
- Incident reports. Where you have reported your injuries to your employer, they should document them. You could request a copy of their report as well.
- Diary. It is a good idea to keep a record of how the carpal tunnel has affected you. If there is something you’re unable to do because of it, note down the date and time.
- Witness details. If any of your colleagues are willing to provide a statement about working conditions, take a note of their contact details in case your solicitor wants to contact them later on.
If you have gathered the evidence or would like to find out if we can help with gathering it, please give us a call.
If you are going to take legal action because you’ve sustained carpal tunnel syndrome, you should do so as soon as you can. That’s because a solicitor will have various tasks to fulfil before they can send your claim to the defendant. This includes arranging medical assessments and gathering evidence. And, you must claim within the allowed time limits.
For accident/injury at work claims, you usually have 3-years from the date of the accident. However, for carpal tunnel syndrome claims, your 3-years will begin from the date your injuries were diagnosed by a doctor.
To find out how long you have to make your claim or to ask any other questions, please call our team today. An advisor will talk you through the CTS claims process and explain your options after reviewing your case. If there are strong enough grounds to continue, they’ll refer you to one of our personal injury solicitors.
You do not need to worry about making a carpal tunnel claim against your employer. Your rights after an accident at work are protected by law and therefore your employer isn’t allowed to discipline you, sack you, or treat you any differently because you have made a compensation claim against them. By doing so, they would risk facing a constructive or unfair dismissal claim as well.
Our team of solicitors are able to help you claim compensation for carpal tunnel syndrome and deal with your employer’s insurers for you. They’ll work hard throughout to try and win the maximum compensation possible and you’ll be kept up to date about any progress.
If you have any questions about starting the carpal tunnel claims process, please get in touch on 0800 6524 881 today.