If you suffer from carpal tunnel syndrome as a result of the job you do, you may be entitled to seek compensation for your pain, suffering and loss of amenity. Employers have a duty of care to make sure all employees are kept safe in the workplace and this includes ensuring that the correct measures are put in place to reduce the risk of workers developing work-related health issues like carpal tunnel syndrome.

To find out more about this condition, the symptoms and whether you would have a valid carpal tunnel syndrome claim against your employer, please read on.

Health and Safety Carpal Tunnel Syndrome Statistics

Carpal tunnel syndrome is a recognised medical disorder which is categorised as an industrial disease. The condition negatively impacts the median nerve found in your hand which becomes flattened. Carpal tunnel syndrome is a painful condition that causes tingling sensations and/or weakness in your hand and forearm. According to Health and Safety Executive statistics 5,750 people were found to suffer from work-related carpal tunnel syndrome for which they received disablement benefit during the period from 2003 to 2013. The H & S report also found that around 90% of workers who suffered from carpal tunnel syndrome were male.

What Causes Workers to Develop Carpal Tunnel Syndrome

One of the most common causes of carpal tunnel syndrome in the workplace involves repetitive strain on a person’s wrists, hands or their fingers. If you developed the condition in the workplace, you could be entitled to seek compensation from your employer providing your claim meets specific criteria which is given in more detailed below.

What Symptoms Do Workers Experience With Carpal Tunnel Syndrome?

Some of the more noticeable symptoms that you may have developed carpal tunnel syndrome at work could include the following:

• Extreme pain which can be so severe it prevents you from sleeping
• Severe numbness that can negatively impact your thumb, index, ring and middle fingers
• A difficulty gripping things which can affect how you operate machinery/equipment/tools

If you suffer from carpal tunnel syndrome, you may have to undergo surgery to alleviate the symptoms you are experiencing and it can take up to 3 months for you to fully recover from the surgery.

Would My Carpal Tunnel Syndrome be Valid?

If you experience any of the symptoms detailed above, you should consult your GP or medical specialist as soon as possible to have your condition correctly and professionally diagnosed. The criteria that must be met for your carpal tunnel syndrome claim against an employer to be valid are detailed below:

• That you developed carpal tunnel syndrome in the workplace in the last 3 years
• That your employer was negligent in their duty of care to keep you safe from developing a health condition in the workplace

The sooner you contact a personal injury claim solicitor the better because collecting all the evidence required can take a lot of time and effort. You would need to provide official medical reports detailing your symptoms and the prognosis. You would also need to provide proof that your employer could have set in place measures to reduce the risk of you developing carpal tunnel syndrome in the workplace if they had followed Health and Safety and other worker protection guidelines which they chose to ignore.

You are protected in the workplace by law with the relevant legislation being detailed below:

• Health and Safety at Work Act 1974
• Management of Health and Safety at Work Regulations 1999
• Manual Handling Operations Regulations 1992 provides guidelines for health and safety in the workplace for people who work with “display screen equipment” which includes ergonomically designed work chairs

All of these laws place a duty of care on your employer which is to provide you with safe working conditions. On top of this, your employer must do the following:

• Ensure that suitable equipment, machinery and tools are provided and that everything is in good working order
• That you are provided with adequate safety training

When contacting a solicitor about your concerns, they would quickly let you know whether your employer was in breach of any of the laws that protect you in the workplace. Should it be found that your employer was “negligent” in their duty to keep you safe from harm at work, they could be held liable for you having developed work-related carpal tunnel syndrome and you could be entitled to seek compensation for the pain, suffering and loss of amenity you suffered.

How Do I File a Personal Injury Claim Against My Employer For Carpal Tunnel Syndrome?

Although you have 3 years to file a personal injury claim against an employer, the sooner you contact an accident at work solicitor, the sooner your case could go forward. Once they have had the time to evaluate your supporting evidence, the solicitor you contact would advise you on whether you have a strong carpal tunnel syndrome claim against your employer and that they could be held liable . The proof that would be required when filing a work-related carpal tunnel syndrome would include the following:

• Medical reports of the symptoms you developed
• Evidence that your employer failed in their duty to abide by legislation that is in place

The more evidence you can provide when filing a carpal tunnel syndrome claim against an employer, the stronger your case would be and the more chance there would be of the lawyer representing you on a No Win No Fee basis.

What Level of Carpal Tunnel Syndrome Compensation Could I Receive?

The level of carpal tunnel syndrome compensation you receive would depend on several things which includes how the condition negatively impacts your overall well-being and your ability to carry out the job you do. Your condition may be so severe that you may not be able to work again in which case the amount you receive would be substantially more.

Factors that would be taken into consideration when estimating the amount you receive in a successful claim against a negligent employer would include the following:

• The severity of your condition
• How long your injury lasted
• The prognosis for your recovery
• Any financial losses and expenses you incurred that can be directly linked to your medical condition
• The medical treatment you underwent
• Your pain and suffering
• Loss of amenity which includes any personal adjustments you had to make not only to your working life, but social and personal life too
• Loss of earnings and all future earnings
• The cost of any ongoing, long-term medical care and therapy

What Damages and Losses Can I Include in My Carpal Tunnel Syndrome Claim?

You can claim general damages and special damages in your carpal tunnel syndrome claim against a negligent employer which are detailed below:

• General damages cover your pain, suffering and loss of amenity. General damages are awarded as a way to compensate you for how your medical condition negatively impacts your life. The amount you are awarded would be based on the Judicial College guidelines. As an example, should your condition leave you with a disability, you may be awarded £16,500 in a successful carpal tunnel syndrome claim against your employer bearing in mind that all personal injury claims are unique which means you may receive more or less that the amount indicated
• Special damages are much easier to calculate as the amount you would be awarded if your claim is upheld, would be based on your “actual” expenses plus other costs that were incurred and which can be linked to your medical condition. This would include any loss of wages, bonuses and other perks you missed out on when you were not able to work. Special damages also covers all surgeries you may have to undergo as well as therapies and other medical care that you need. You would also be able to include your travel expenses and all other financial losses you had to endure

Should I File a Carpal Tunnel Syndrome Claim Against My Employer?

Your rights are highly protected in the workplace which also means that should you suffer any sort of medical condition or injury you have the right to do the following:

• Seek compensation for the pain, suffering and loss of amenity you had to endure

As previously mentioned, your claim would need to meet specific criteria for it to be upheld and you would need to file a work-related personal injury claim against your employer with 3 years of being made “aware” that you suffer from carpal tunnel syndrome.

Employers not only have a duty of care to keep you safe from harm in the workplace by providing a safe working environment, they also have to hold valid liability insurance. This insurance is a legal requirement and the policy must be issued by a known and recognised insurance provider. The level of cover must meet the legal requirement of £5 million and should your employer fail to have liability insurance, they would receive hefty fines from the enforcing authority.

As such, when you can file for carpal tunnel syndrome compensation from an employer, it would be the insurance provider who pays the amount of money you receive. The insurance company would handle every aspect of your claim whether your employer admits liability or disputes your case. It is worth noting that the majority of personal injury claims are settled out of court but should your employer deny liability, it is best to leave all communication and negotiations to an experienced personal injury lawyer. The reason being that should an employer claim they are not responsible a lawyer would be in the best position to investigate whether this is so.

What are My Workers Rights If I Develop Work-related Carpal Syndrome?

As previously mentioned, you have specific worker’s rights and this includes being able to do the following if you develop any sort of medical condition or are injured in the workplace:

• To seek compensation from an employer
• That you would not be fired for seeking carpal tunnel syndrome compensation

If your employer objects to the fact that you want to seek compensation by filing a personal injury claim against them, or they tell you that you would lose your job for doing so, you should contact a lawyer without delay. The reason being that your employer would be acting unlawfully towards you and as such, you may be entitled to seek further compensation from them.

Does My Employer Have a Responsibility Towards Me in the Workplace?

Employers must abide by the law and the many “ worker’s rights” that protect you when you are in their employment and carrying out jobs that they task you to do. An employer’s responsibility towards you in the workplace includes the following:

• That you are given adequate and ongoing training to carry out any jobs you are tasked to do in the workplace as safely as possible, thus reducing the risk of you developing a condition like carpal tunnel syndrome
• That you are provided with the correct tools, machinery and equipment which must be in good working order
• That risk assessments of a working environment are regularly carried out
• To identify any hazards in the workplace and to put in place “reasonable” measures with an end goal being to reduce the risk of harm and injury to workers
• To ensure that you are made aware of all working procedures and practices
• To ensure that you are provided with the correct personal protective equipment to ensure you are able to carry out a job safely
• To ensure that all laws pertaining to the maintenance and use of equipment, machinery and tools are adhered to

If your employer fails in any of the above and you suffer an injury or develop a medical condition like carpal tunnel syndrome, they could be held liable and you would have every right to seek compensation for the pain, suffering and loss of amenity you had to endure through no fault of your own.

What Are The Benefits of Working With a Solicitor on a Carpal Tunnel Syndrome Claim?

As with all personal injury claims, this type of case can be complex and as such it is important to get things right from the outset to avoid the legal pitfalls that could end your claim before it even starts. Having a solicitor represent you when filing a carpal tunnel syndrome claim against your employer means you have their legal experience working for you. Other advantages and benefits a lawyer would provide includes the following:

• A solicitor would provide an initial, no obligation consultation for which there would be no charge. This initial consultation allows the solicitor to determine whether you have a strong work-related carpal tunnel syndrome claim and that your employer could be held liable
• Once satisfied, the solicitor would handle every aspect of your claim which includes communicating with your employer and their liability insurance provider
• Solicitors can refer to legal libraries when necessary which they can do when researching your claim against an employer
• The solicitor would let you know at the earliest opportunity how much carpal tunnel syndrome compensation you may be awarded in a successful claim
• A solicitor would make sure that interim payments are paid to you should your case take longer than usual to reach a final settlement
• The solicitor would work hard to prove employer negligence should they deny liability
• A solicitor would ensure that you are awarded the level of work-related carpal tunnel syndrome compensation to suit the injuries you suffered and out of pocket expenses you incurred through no fault of your own
• The solicitor would ensure that you receive ongoing therapy should your medical condition be such that your require long-term treatment. This includes massage therapy, physiotherapy, osteopathy and any other treatment you may need on a long-term basis to alleviate the symptoms of carpal tunnel syndrome

Is There a Time Limit to Making a Work-related Carpal Tunnel Syndrome Claim?

You have 3 years from the date you were made aware by a medical professional that you are suffering from work-related carpal tunnel syndrome. The time the statutory 3 year time limit associated with a personal injury claim against a negligent employer begins does, however, depend on the circumstances surrounding your claim which is detailed below:

• 3 years from being diagnosed or made aware that you suffer from carpal tunnel syndrome
• 3 years from your 18^th birthday should you have been diagnosed as suffering from the medical condition prior to you being 18 years of age

Could I Lose My Job Because I File a Work-related Carpal Tunnel Syndrome Against My Employer?

You cannot lose your job for filing an accident at work claim against your employer because you were injured in the workplace. Your employer would need to have another reason for firing you and it has to be valid or they would be acting unlawfully by asking you to leave your job. If you are treated unfairly, detrimentally or threatened with redundancy, you may be entitled to file further legal action against your employer and be awarded further compensation through an employment tribunal.

Would a Solicitor Work on a No Win No Fee Basis on My Claim?

If you suffer from carpal tunnel syndrome and believe that your employer could have done more to prevent you from developing this painful condition, you have the right to seek compensation. Should it be found that your employer was negligent in their duty to keep you safe from harm and injury while in their employment, they could be held responsible and would have to pay you carpal tunnel syndrome compensation.

A solicitor who specialises in work-related personal injury claims would advise you on whether your carpal tunnel syndrome claim is valid and whether your employer could be deemed liable. Once a solicitor is happy that you have a strong case against your employer, they would agree to represent you without having to request that you pay an upfront fee or retainer for doing so. This is known as a No Win No Fee agreement between you and the solicitor you contact. The legal term for this type of contract is “Conditional Fee Agreement”.

The legal contract between you and the solicitor lays out the agreed “success fee/percentage” as well as the terms and conditions of the agreement. You would only have to pay the solicitor if your carpal tunnel syndrome claim is upheld and the “success fee” would be deducted from the amount of compensation you receive whether your claim goes to court or you are awarded an out of court settlement by your employer’s liability insurance provider. Should your case not be successful, you would not have to pay anything to the solicitor who undertook to represent you on a No Win No Fee basis when filing a carpal tunnel syndrome claim against a negligent employer.

Informative Links

If you would like more information on carpal tunnel syndrome, the symptoms, diagnosis and treatments, the following link provides a lot of valuable information on this painful condition:

More about carpal tunnel syndrome

If you would like more information on your employer’s responsibilities in the workplace, please follow the link below:

Your employer’s responsibilities towards you in the workplace

If you were injured in an accident at work and the injuries you sustained made a pre-existing condition that you suffer from worse, you could be entitled to seek compensation from an employer. However, proving that an injury you sustained through no fault of your own while carrying out a job an employer tasked you to do, aggravated a pre-existing illness or medical condition, can be more challenging. as such, you should seek legal advice sooner rather than later from a lawyer who specialises in this type of personal injury claim against an employer.

Seeking Independent Medical Advice is Essential

If an pre-existing medical condition or an illness you suffer from has been made worse by an injury you sustained in the workplace, it is essential that you seek independent medical advice as early as possible. This would be to determine that the workplace accident did in fact aggravate your medical condition. The report that an independent medical professional provides would be invaluable proof of your claim against an employer and would help establish their liability.

It is worth noting that the cost of seeking independent medical treatment can be included in your accident at work claim and as such all receipts must be kept which includes  the cost of the medical treatment/therapy and travel expenses that you incurred.

The longer you leave it to seek medical attention for a pre-existing condition that you believe has deteriorated due to being injured in a workplace accident, the more challenging it can be to prove you case. If you are uncertain on how best to proceed, you should seek legal advice from an accident at work solicitor who would offer essential advice on how to proceed. The solicitor would also arrange for you to be examined by a consultant or specialist with the end goal being to strengthen your case.

What is the Eggshell Skull Rule?

The Eggshell Skull Rule is also referred to as the Thin Skull Rule, refers to a legal principle which permits a defendant, in this case an employer to be held responsible in certain situations for injuries sustained in the workplace that aggravate pre-existing medical conditions. The situations that are covered by this legal principle include the following:

• Because a defendant (employer) was negligent in their duty to keep employees safe from being injured which as a result aggravated a pre-existing illness or medical condition

Although the rule applies to injuries to the head, the principle has successfully been applied to other personal and accident at work claims. The reason being that the “Eggshell Skull Rule” as it stands means that a “defendant” has to accept the “victim” of an injury as they are found. An example being as follows:

• An employee in a factory works with hot molten metal and a work colleague drops something into heated metal. This causes it to splash which land on the factory worker’s lip resulting in an extremely severe burn injury. The splashed molten metal also lands on the factory worker’s skin which happens to be pre-malignant tissue. This causes the factory worker to become seriously ill and suffering from cancer. Although the work colleague could not have known that the splashed molten metal would cause the factory worker such a serious injury and to develop cancer, an employer could still be deemed responsible under the Eggshell Skull Rule

What is the Definition of Pre-existing Medical Condition or Illness?

You may or may not know that you suffer from a pre-existing medical condition and as such when you are examined by a medical professional following an accident at work that leaves you injured, the doctor who examines you may state in their report that you do indeed suffer from a pre-existing medical condition and that this has been aggravated by the injuries you sustained in the workplace.

Even if the pre-existing condition you suffer from has never caused you pain and discomfort in the past, you can still file an accident at work claim against an employer to seek compensation for the injuries you sustained. Your employer may choose to deny liability stating that your injuries were pre-existing. As such, it is best that  you contact an accident at work lawyer who would investigate your case before advising you on how best to go forward and if you should seek compensation because your employer was negligent in their duty when you were in the workplace.

How to File an Accident at Work Claim Which Accelerates the Onset of a Medical Condition/Illness

If the injuries you sustain in a workplace accident accelerate the onset of an illness or medical condition, you could still file for compensation from an employer. However, it is best to seek the advice of a solicitor who specialises in this type of work-related personal injury claim as early as possible.

An example of this type of accident at work claim is detailed below:

• If you suffer hearing loss having worked in a loud and noisy environment for a number of years. A doctor may find that you would sustain some hearing loss as you grew older, but that the noisy environment you worked in accelerated your loss of hearing even more

Should this be the case, the compensation you may be awarded in a successful work-related personal injury claim would be based on your “loss of amenity” between the early onset of your hearing loss and the time you would have suffered some hearing impairment due to your age. With this said, calculating just how much personal injury compensation you may be awarded in special damages could prove challenging but can be easier if you are able to provide valuable medical proof of your injuries and as soon as possible following a workplace accident.

What Losses and Damages Can I Include in an Accident at Work Claim?

You can include specific losses and damages in an accident at work claim for compensation for injuries you sustained through no fault of your own. However, the amount you may be awarded would depend on the extent of your injuries, how your life has been negatively impacted and whether your ability to work has been affected. With this said, personal injury compensation is divided into two distinct categories, namely general damages and special damages. These are detailed below:

• General damages – you would be awarded general damages in a successful accident at work claim to compensate you for any injuries you sustained while you were at work. This includes the pain, suffering as well as your loss of amenity which means the loss of enjoyment of things you used to do prior to being injured at work. It is harder to calculate the amount of personal injury compensation you may receive because it would depend on the severity of your injuries and how your life is impacted which includes your ability to carry out the job you used to do or work again

Special damages – you would receive special damages which would compensate you for all the expenses you paid out as a direct result of having been injured in the workplace. As such, you would need to provide evidence of this expenditure in the form of receipts for the following:

• Travel expenses
• Medical expenses
• Loss of wages and future earnings (this includes any bonuses and other benefits you may have missed out on due to having been injured in a workplace accident that prevented you from working for any length of time)
• Other expenses that are directly linked to the injuries you sustained in an accident at work

Should I File an Accident at Work Claim For Compensation Against My Employer?

Your rights as a employee are highly protected which includes when you sustain an injury in an accident at work. As such, you have a legal right to seek compensation from an employer providing that your case meets specific requirements. Firstly, that the accident at work happened in the last three years and secondly, that you were not responsible for the workplace injuries you sustained.

However, even being partly responsible for a workplace accident happening would not prevent you from filing an accident at work claim against an employer. The reason being that your case could involve “contributory negligence” on the part of your employer. Should this be the case, the amount you would be awarded if your personal injury claim is upheld would be less than the amount you would receive if your employer was fully responsible through negligence on their part.

Liability insurance is a legal requirement that all employers must abide by. As such, when you seek compensation for injuries sustained in the workplace, the insurance provider manages all aspects of the case and this includes accident at work compensation payouts. The insurer would handle your claim from the outset whether your employer admits liability or not.

With this in mind, it is far better to seek legal advice and legal representation sooner rather than later more especially as there are many legal pitfalls to negotiate which includes not only respecting the statutory 3 year time limit associated with personal injury claims but also the pre-action protocols that must be followed when filing an accident at work claim against a negligent employer.

Do I Have Specific Rights if I Am Injured in an Accident at Work?

Your rights as previously mentioned, are highly protected in the UK. Should you be injured in a workplace accident, you have the legal right to the following:

• To file an accident at work claim against an employer without having to worry about losing your job or being treated unfairly
• To seek an acceptable level of compensation for the injuries you sustained in an accident at work

You have the right to seek legal advice should an employer treat you unfairly or detrimentally because you choose to seek compensation for workplace injuries you sustained. If you are threatened in any way with redundancy or the sack, an employment lawyer would provide essential legal advice on how to file further legal action against your employer and this includes a detriment claim and an unfair dismissal claim.

What Are My Employer’s Responsibilities in the Workplace?

All employers throughout the UK are legally required to ensure that employees are kept safe from injury and harm while they are in their employment. Employers must make sure that a working environment is kept safe, clean and tidy. Other responsibilities that your employer must abide by include the following:

• That all Health and Safety Regulations and other laws are respected
• That employees are provided with adequate training so they can carry out their jobs as safely as possible
• That employees are made aware of working practices and procedures which must be adhered to
• That the correct PPE (personal protective equipment) is available when employees need to use it so they can do a job as safely as possible
• That all machinery, tools and other equipment used in a working environment is correctly maintained and regularly serviced
• That risk assessments are carried out in the workplace on a regular basis and that hazards are identified before measures are put in place to minimise harm and injury to workers

If your employer fails to abide by Health and Safety regulations and other laws, or they choose to ignore any of them which results in you suffering an injury in the workplace, you have the right to seek compensation. Your employer could be deemed responsible because they failed in their duty to keep you safe from injury and harm while carrying any work on their premises or offsite for them. This includes if an workplace injury results in making an pre-existing medical condition worse.

What is the Time Limit I Have to File an Accident at Work Claim Against My Employer?

Personal injury claims must be filed within the statutory 3 year time limit for them to be valid. However, the circumstances surrounding an accident at work does have a bearing on when the 3 year time limit begins which is explained below:

• The time limit begins from the date you were injured in the workplace
• The time limit begins when you turn 18 years old should the workplace accident have happened prior to this
• The time limit begins from the date of an official diagnosis that you are suffering from a health issue linked to the workplace injury you sustained

Could I Lose My Job If I Claim Compensation for an Accident at Work Injury?

Under UK law, an employer cannot simply fire you because you seek compensation for injuries you sustained while carrying out a job you were tasked to do. An employer must have another valid and legally acceptable reason for sacking you if you file an accident at work claim. If they do threaten you with the door or redundancy, a lawyer who specialises in employment law may recommend that you file further claims against them for acting unlawfully against you.

Does Working With a Solicitor on an Accident at Work Claim Offer Any Benefits?

Accident at work solicitors have the necessary experience when it comes to representing defendants in work-related personal injury claims. They are aware of the complex legal procedure that must be adhered to which includes following pre-action protocols. Solicitors also have vast experience when it comes to communicating with liability insurance providers which in itself can speed up what can be a lengthy, complicated procedure and are aware of the legal pitfalls that can lead to a personal injury claim not being upheld.

Other benefits and advantages of contacting an accident at work lawyer when you are thinking about seeking compensation from an employer for injuries you suffered while at work, include the following:

• An appointment with a specialist or consultant would be arranged on your behalf and the medical report that is provided would be used to calculate the amount of general damages you may be awarded in a successful accident at work claim against your employer
• Once a solicitor establishes that your claim is valid and that an employer could be held responsible for the workplace accident that left you injured, they would represent you without having to request an upfront fee for doing so. This would involve signing a No Win No Fee agreement otherwise referred to as a Conditional Fee Agreement
• Accident at work solicitors have the knowledge base required to communicate with insurance providers and can reference legal libraries when necessary
• All pre-action protocols and the 3 year personal injury claim time limit would be respected
• A solicitor would inform you as soon as possible of the amount of accident at work compensation you may be awarded in a successful case
• Should your claim be complicated due to having suffered traumatic injuries, the solicitor would ensure that interim payments are negotiated until a final accident at work settlement can be reached
• The amount of compensation you are awarded would be professionally negotiated on your behalf by a solicitor to ensure that it is acceptable and fair
• The solicitor would ensure that you receive specialist treatment should this be necessary on an ongoing basis

Because accident at work claims tend to be complicated with many legal pitfalls to negotiate, it is essential that no errors are made from the outset which could negate a personal injury compensation claim.

Would a No Win No Fee Solicitor Work on My Accident at Work Claim?

When contacting a solicitor, you would initially be offered a no obligation consultation which is free of charge. This allows the lawyer to determine whether you have a valid accident at work claim and whether your employer could be held responsible for any injuries you sustained. Once this has been established, a solicitor would request that you sign a No Win No Fee agreement and once you enter into this legal contract, it allows the solicitor to begin investigating on your claim without having to request that you pay them a retainer otherwise known as an upfront fee.

As your case progresses, you would not have to pay any ongoing fees either, the only time that you would have to pay the “success fee” which is the agreed percentage of the total amount you receive in accident at work compensation, is when you win your claim against an employer. The “success fee” is deducted from the amount you are awarded in a successful work-related accident at work claim against an employer who was found liable for the injuries you sustained.

No Win No Fee agreements were first introduced to allow people who are injured through no fault of their own but because of negligence on the part of a third party, seek compensation for the injuries they sustained. If you are injured in the workplace through employer negligence and there is strong evidence that this is the case, a No Win No Fee solicitor would agree to represent you and would take on your accident at work claim on this basis.

Informative Links

If you are not sure of your worker’s rights and would like more information on the subject, please click on the link below:

More information about your rights in the workplace

If you were injured in the workplace and you were under the age of 18 and would like more information on your rights, please click on the link below:

More about your rights if injured at work when you were under 18 years old