Carpal Tunnel Syndrome Claims – A Guide to Claiming Compensation

The symptoms of Carpal Tunnel Syndrome (CTS) can be painful and prevent you from enjoying your normal activities and hobbies. CTS can also be costly if your symptoms prevent you from being able to work. Importantly, work-related carpal tunnel syndrome could entitle you to claim compensation from your employer. Therefore, we’ve written this article to answer many common questions about carpal tunnel syndrome claims.

As well as the information in this article, you can call our legal advisors to find out whether you’ve got a valid carpal tunnel compensation claim. We provide a free initial consultation where no-obligation legal advice will be provided. If your claim is suitable and accepted by one of our specialist solicitors, they’ll represent you on a No Win, No Fee basis.

To find out whether you could be entitled to compensation for carpal tunnel syndrome, you can:

• Call 0333 241 2519 to speak to a member of our team.
• Use our live chat service to request further information.

If you’ve been diagnosed with carpal tunnel syndrome, getting legal advice as soon as possible after the diagnosis can significantly enhance the chances of receiving compensation for the pain, suffering, and financial losses you’ve incurred as a result.

What is Carpal Tunnel Syndrome?

The median nerve in your wrist passes through a narrow passageway called the carpal tunnel. The tunnel is encased by ligaments and bones. If these become injured, the median nerve can be compressed and this leads to carpal tunnel syndrome.

According to the NHS, carpal tunnel syndrome symptoms include:

• Aches and pains in the arm, hand or fingers.
• Pins and needles or tingling.
• Hand numbness.
• A feeling of burning or swelling in the fingers.
• Problems gripping because of a weak thumb.

For many, these symptoms can take a while to present and often get worse at night. At work, carpal tunnel syndrome may be caused by repetitive movements over prolonged periods or through the use of vibrating power tools.

When Can I Claim for Work-Related Carpal Tunnel Syndrome?

While you’re working, your employer has a legal duty to try and protect your well-being. The duty, as per the Health and Safety at Work etc. Act 1974, means that your employer should:

• Carry out a risk assessment of your role on a regular basis.
• Allow proper rest breaks.
• Think about using low-vibration tools.
• Provide personal protective equipment (PPE) such as vibration-reducing gloves.
• Train you on workplace health and safety.
• Ensure any equipment you use is well-maintained and working properly.

If your employer doesn’t try to reduce the risk of CTS, you could be entitled to claim for any subsequent diagnosis. The eligibility criteria that generally need to be proven when making a workplace carpal tunnel syndrome claim are:

• You were owed a duty of care by your employer.
• Your employer was negligent meaning they breached that duty of care.
• As a direct result of that negligence, you have been diagnosed with carpal tunnel syndrome in the last three years.

If you’d like to find out if you could claim compensation for carpal tunnel syndrome, please call the number above today.

Types of Carpal Tunnel Syndrome Claims We Can Help With

Here are some examples of how employer negligence could lead to carpal tunnel syndrome claims that we can help with:

• You raised concerns about your wrist hurting because you used a keyboard all day. Your employer failed to act upon recommendations from an occupational health professional and you were diagnosed with CTS as a result.
• You were asked to use a jackhammer in cold and wet conditions without any regular rest breaks. As a result, you sustained carpal tunnel syndrome and Vibration White Finger (VWF).
• Your employer failed to provide manual handling training when you were working in a warehouse. Therefore, after lifting heavy loads incorrectly for long periods, you developed CTS.

There are of course various ways in which carpal tunnel syndrome can develop. So long as your injury is related to your work, we could help you begin a claim so do call our team today.

What Should I Do If I Think I’m at Risk of Carpal Tunnel Syndrome?

If you believe that your working conditions are putting you at risk of suffering from carpal tunnel syndrome, you should:

• Raise your concerns with your employer in writing and tell them about any symptoms you’re suffering.
• Visit your GP if you are suffering any of the symptoms of carpal tunnel syndrome for a proper diagnosis and treatment.
• Let your employer know about any recommendations your doctor has offered.
• Ask for a consultation with an occupational health professional where possible so that your working practices can be reviewed.

Informing your employer about any CTS symptoms or concerns early will allow them to consider any changes that could reduce the risk of long-term suffering. Failure to make such changes could be seen as negligence and might allow you to claim for any suffering that results.

What Evidence Can Be Used for CTS Compensation Claims?

If you start a carpal tunnel syndrome claim, you’ll need to present evidence that proves why your diagnosis is your employer’s fault and how your suffering has affected you. The types of evidence you could use to support a CTS claim include:

• Copies of your medical records to prove your diagnosis.
• Emails, letters or other forms of correspondence with your employer about your working conditions.
• A copy of an occupational health report.
• A written statement regarding your working conditions. This could be backed up by witness statements (your solicitor will collect these if required).
• Photographs of any equipment or defects in the workplace that led to a carpal tunnel syndrome diagnosis.

If you would like one of our specialists to check the evidence available in your case, please get in touch today.

How Long Do I Have to Claim Compensation for Carpal Tunnel Syndrome?

In law, there is a 3-year time limit for personal injury claims. This is defined by the Limitation Act 1980. Usually, the time limit begins from the date of the accident in which you were injured. However, for carpal tunnel syndrome claims, the date that the condition was diagnosed (or your date of knowledge) will be used to determine the start of your limitation period.

Therefore, it’s wise to begin your claim as soon as carpal tunnel syndrome has been confirmed by your GP. By doing so, there should be enough time for evidence to be gathered and other tasks to be completed before the claim is finalised.

What Is The Average Payout for Carpal Tunnel?

If you make a successful carpal tunnel syndrome claim, any compensation you receive will be formed of:

• General damages – to compensate for your pain and suffering.
• Special damages – to recoup any costs linked to your condition.

General damages are usually calculated by comparing your symptoms with those listed in the Judicial College Guidelines (JCG). To ensure that the right level of compensation is requested, your solicitor will gather copies of your medical records and arrange for an independent medical assessment to be conducted so that the suffering caused by your symptoms can be properly understood.

Special damages could also form part of your carpal tunnel syndrome payout. They could cover:

• Any earnings you’ve lost or will lose in the future.
• Medical and rehabilitation expenses.
• Care and support costs.
• Travel expenses.
• The cost of specialist equipment to help you cope with any long-term symptoms.

To check how much compensation for carpal tunnel syndrome might be awarded in your case, please speak to a member of our team today.

Can I Claim Compensation if I’m Not a Full-Time Worker?

In some industries, the use of subcontractors, consultants, zero-hours workers and the self-employed is common practice. Therefore, it’s important to note that when it comes to health and safety at work, all types of employees are owed the same duty of care by their employer.

As such, if you’ve developed carpal tunnel syndrome at work because of something your employer did (or didn’t do), you could be entitled to claim CTS compensation. To find out your chances of making a successful claim, please call the number above.

Will I Need a Solicitor for a Carpal Tunnel Claim?

While it is possible to make a CTS compensation claim on your own, the prospect of taking on your employer (and their insurers) can seem quite daunting. For that reason, you may want to instruct a specialist personal injury solicitor to make the claims process easier.

If your claim is valid and you decide to work with one of our solicitors, some of the services they may offer include:

• Collecting the evidence needed to prove your case.
• Acting as the single point of contact during the carpal tunnel claims process so you won’t need to speak to your employer or their representatives.
• Arguing your case and providing further evidence where required to try and counter any objections regarding liability.
• Keeping you up to date about how your case is progressing.
• Trying to secure the highest amount of compensation rather than accepting your employer’s first offer.

Our solicitors always provide a No Win, No Fee service for carpal tunnel syndrome claims. To do so, they’ll ask you to sign a Conditional Fee Agreement (CFA).

As a result of the CFA:

• There is no need to pay your solicitor for their work in advance or if the claim is lost.
• You will pay a success fee if the claim is won. This is paid by a deduction being taken from any compensation received.

To protect you and to ensure that you keep the largest share of your compensation payout, the legal maximum success fee percentage is 25 per cent when using a CFA.

To find out if you can make a No Win, No Fee carpal tunnel syndrome claim, please use the number above to get in touch.

How Long Do Carpal Tunnel Syndrome Claims Take?

You might be wondering, “How long does it take to get carpal tunnel syndrome compensation?”. The truth of the matter is that no two claims are ever really the same.

Generally, if you’ve had mild CTS, have fully recovered and your employer accepts liability for your condition, you could receive compensation in 6 months or so.

Where liability is accepted but your condition is still causing problems, it might take 9 months or more to get a full understanding of your prognosis before any compensation will be paid. If this is the case, you could be awarded interim payments to help you cope with lost earnings for example.

Claims can take more than a year in some cases such as when your employer won’t accept liability.

Do Carpal Tunnel Claims Go to Court?

In our experience, CTS claims rarely need to be heard in court. In the main, those involved in the claim will always try to settle amicably because court hearings can be both time-consuming and costly.

However, where an agreement can’t be reached, a court date might be set as a last resort. Importantly, if that happens, an out-of-court settlement could still be made right up to the date of the hearing.

Contacting Us About a Carpal Tunnel Syndrome Claim

If you’ve any questions or would like to discuss your carpal tunnel injury with one of our specialists, you can:

• Call us on 0333 241 2519.
• Use our live chat service.

We’ll provide no-obligation legal advice in the initial consultation to discuss your options. If a compensation claim against your employer appears feasible, we could connect you with a solicitor who’ll work on a No Win, No Fee basis if your carpal tunnel syndrome claim is accepted.