Carpal Tunnel Syndrome Claim Compensation
Carpal tunnel syndrome (CTS) is a progressively painful hand and arm condition caused by a pinched nerve in your wrist, a passageway made up of bones and ligaments on the palm side of your hand. This condition presents symptoms such as numbness, tingling, and weakness in the affected hand and arm, significantly impacting daily activities and work capabilities.
Often, CTS develops from repetitive motions or activities that involve prolonged wrist flexion or extension, making it a common occupational hazard in industries where typing, assembly line work, or prolonged use of hand tools are prevalent.
We offer free initial advice for handling carpal tunnel syndrome claims. When it comes to take on accident at work cases, we can offer a No Win, No Fee service. This means you don’t have to pay us anything if we won’t be able to secure compensation for you.
Medical Description of Carpal Tunnel Syndrome (CTS)
The symptoms of carpal tunnel syndrome typically develop gradually and are often felt during the night initially, as many individuals may sleep with bent wrists which exacerbates the nerve compression. As the condition progresses, symptoms can manifest during the day, especially during activities that involve repetitive wrist movements. Chronic carpal tunnel syndrome can lead to decreased grip strength, muscle wasting at the base of the thumb, and permanent nerve and muscle damage if left untreated. Treatment varies based on the severity of the condition, ranging from wrist splinting and corticosteroid injections to surgical options that relieve pressure on the median nerve by severing the band of tissue around the wrist.
Epidemiology and Statistics on Prevalence in the UK
In the UK, carpal tunnel syndrome is one of the most common nerve compression disorders, affecting about 3% of women and 2% of men at some point in their lives. It is particularly prevalent among people engaged in repetitive manual work or those using vibrating tools. Occupations at higher risk include construction workers, assembly line workers, hairdressers, chefs, and office personnel with extensive computer use.
According to the Health and Safety Executive (HSE), carpal tunnel syndrome accounts for a significant portion of work-related upper limb disorders. The condition not only impacts the quality of life but also contributes to economic costs associated with healthcare and lost productivity due to work absence. The HSE highlights the importance of workplace ergonomics and regular breaks to minimize the risk of developing carpal tunnel syndrome among workers.
The condition is more common in individuals between the ages of 40 and 60 years, and obesity, pregnancy, diabetes, and rheumatoid arthritis are recognized as contributory factors. In the UK, the social and economic burden of carpal tunnel syndrome is substantial, with costs related to treatment, including surgery and rehabilitation, and indirect costs from lost work and productivity.
Occupational Causes and Risk Factors of Carpal Tunnel Syndrome
Carpal Tunnel Syndrome (CTS) arises from a combination of factors that increase pressure on the median nerve and tendons in the carpal tunnel, rather than a single cause. This section explores both occupational and non-occupational factors contributing to the development of Carpal Tunnel Syndrome, providing an in-depth look at how various elements might predispose individuals to this condition.
The workplace is a significant contributor to the development of carpal tunnel syndrome, particularly in jobs that involve repetitive hand movements, prolonged wrist flexion or extension, and exposure to vibratory tools. Repetitive strain injuries, a category of injuries commonly associated with repeated motion or overuse, are highly prevalent among individuals with carpal tunnel syndrome. Workers in industries such as manufacturing, assembly line work, sewing, carpentry, and meat, poultry, or fish processing are especially at risk due to the nature of their work which often demands fast, repetitive hand movements for prolonged periods.
Another occupational risk factor is the use of vibrating tools, which has been linked to increased instances of nerve damage in the wrist. Jobs that involve regular use of heavy machinery, construction equipment, or handheld vibrating tools can significantly elevate the risk of developing carpal tunnel syndrome.
Ergonomic risk factors also play a critical role in the development of carpal tunnel syndrome. Poor workplace ergonomics, such as non-ergonomic keyboards, chairs, or workstations that promote unhealthy wrist postures, can exacerbate the pressure on the median nerve. Workspaces that require frequent upward or downward movements of the wrist or that do not allow the wrist to remain in a neutral position can lead to increased stress on the carpal tunnel.
Looking for some help?
Some Main Symptoms of Carpal Tunnel Syndrome
Carpal Tunnel Syndrome (CTS) manifests through a variety of symptoms that primarily affect the hand and wrist. Understanding these symptoms is crucial for early diagnosis and effective management of the condition.
Detailed List of Symptoms
The symptoms of CTS typically start gradually and can vary in intensity depending on the extent of the median nerve compression:
- Numbness or Tingling: Patients commonly experience a tingling sensation or numbness in the thumb, index, middle, and part of the ring finger. This sensation is often described as feeling similar to “pins and needles.”
- Pain: Pain in the wrist or hand, which may radiate up the arm to the shoulder or down into the palm or fingers, is another common symptom. This pain can be sharp or dull and is often more severe at night.
- Weakness: Individuals may notice a weakness in their hand and an inability to perform tasks that require manual dexterity, such as buttoning a shirt or holding a phone.
- Clumsiness or Loss of Grip Strength: There may be a tendency to drop objects due to diminished grip strength, coordination, or numbness.
- Sensation of Swelling: Some individuals feel as though their fingers are swollen or clumsy, even though no visible swelling is present.
- Electric Shock-like Sensations: These can occur in the fingers spontaneously or when the wrist is tapped or bent.
These symptoms are often exacerbated by activities that involve repetitive wrist motion or that require the wrist to be held in extended or flexed positions for prolonged periods.
Diagnostic Procedures and Criteria for Confirming Carpal Tunnel Syndrome
Diagnosing Carpal Tunnel Syndrome involves a combination of patient history, physical examinations, and diagnostic tests:
History Taking: The process begins with understanding the patient’s symptoms, work habits, and medical history, including any underlying conditions that could contribute to CTS.
Physical Examination: A healthcare provider may perform several physical tests to diagnose CTS:
-
-
- Tinel’s Sign: Tapping on the median nerve at the wrist to see if it causes tingling in the fingers.
- Phalen’s Maneuver: The patient holds their forearms upright by pointing the fingers down and pressing the backs of the hands together. A positive test occurs if numbness or tingling develops in the fingers within 1 minute.
- Wrist Flexion Test: Similar to Phalen’s, but the patient flexes their wrist as far as possible and holds it for 1 minute to check for symptoms.
-
Electrodiagnostic Tests: These are critical in confirming the diagnosis and assessing the severity of nerve damage.
-
-
- Nerve Conduction Studies (NCS): Measures the speed and strength of electrical impulses as they travel through the median nerve.
- Electromyography (EMG): Assesses the electrical activity in muscles when they contract and rest, detecting abnormalities that may suggest nerve damage.
-
Ultrasound and MRI: These imaging modalities can be used to visualize the median nerve and surrounding structures in the wrist, helping to confirm the diagnosis or rule out other conditions like tendonitis or arthritis.
Through these diagnostic procedures, healthcare providers can not only confirm the presence of CTS but also determine its severity. This is essential for guiding treatment decisions and, if necessary, assessing eligibility for work-related compensation or disability benefits.
How Can i Claim for Carpal Tunnel Syndrome?
Claiming compensation for Carpal Tunnel Syndrome (CTS) generally involves navigating through workers’ compensation procedure, insurance claims, or potentially filing a personal injury claim, depending on your circumstances.
Before initiating a claim, it’s crucial to have a documented medical diagnosis of carpal tunnel syndrome. You should see a healthcare provider who specializes in this area, such as an occupational physician or a neurologist, to get a formal diagnosis through clinical evaluation and diagnostic tests like electromyography (EMG) or nerve conduction studies. Keep detailed records of all your medical appointments, treatments, and any communications about your condition.
Guidance on Documenting Carpal Tunnel Syndrome for Legal Purposes
Proper documentation is foundational to a successful carpal tunnel syndrome claim. Here’s how to organize and maintain the necessary records:
- Medical Records: Ensure you have comprehensive medical documentation from the onset of symptoms through to diagnosis and treatment. This includes clinical visit notes, diagnostic test results (like EMG and nerve conduction studies), and treatment plans. Each document should be dated and include details about the progression of your symptoms and any discussions about their relation to your work activities.
- Work History and Job Description: Compile a detailed work history that includes job descriptions, tasks performed, and the duration and frequency of tasks that might have contributed to the development of carpal tunnel syndrome. This should highlight repetitive motions, ergonomic risks, and use of vibrating tools.
- Symptom Diary: Maintain a diary that tracks your symptoms, their severity, and their impact on your daily and work life. Note any activities that exacerbate your symptoms, including both work-related and other activities.
- Witness Statements: Collect statements from colleagues, supervisors, or workplace health and safety officers who can testify to your work conditions and the physical demands of your job.
Establishing a Link Between Workplace Activities and Carpal Tunnel Syndrome
Linking carpal tunnel syndrome to workplace activities is critical for claims involving workers’ compensation or occupational health lawsuits. Here are the steps to establish this link:
- Ergonomic Assessments: Obtain or request ergonomic assessments of your workplace that may pinpoint poor work conditions or practices that contribute to carpal tunnel syndrome. These assessments can show improper workstation setup, inadequate equipment, or tasks requiring repetitive wrist movements.
- Historical Data on Workplace Injuries: If previous incidents or claims related to carpal tunnel syndrome or similar injuries have been recorded at your workplace, these can serve as supporting evidence to demonstrate a pattern or ongoing issue within the work environment.
- Professional Opinions: Statements from occupational health experts or ergonomists who can provide professional opinions about how your work tasks could have led to carpal tunnel syndrome are invaluable. They can establish a direct link between your job’s physical demands and your condition.
Expert Testimony and Its Role in Carpal Tunnel Syndrome Claims
Expert testimony can play a pivotal role in substantiating a carpal tunnel syndrome claim by providing authoritative insights into how the condition is likely to have been caused or aggravated by workplace activities:
- Medical Experts: A medical expert, typically a physician specializing in neurology or occupational health, can testify about your diagnosis, treatment, and prognosis. They can explain how the symptoms correspond with carpal tunnel syndrome and assert the likelihood of the condition being work-related based on your medical and work history.
- Occupational and Ergonomic Experts: These experts can analyze your workplace conditions and job duties to provide an opinion on the likelihood of these factors causing or contributing to your carpal tunnel syndrome. They can discuss the adequacy of ergonomic practices implemented at your workplace and suggest how certain practices might have prevented your condition.
- Vocational Experts: In cases where carpal tunnel syndrome affects your ability to work, vocational experts can assess and testify about the impact of carpal tunnel syndrome on your employment prospects and the need for job modifications or vocational rehabilitation.
How Much You Can Claim For Carpal Tunnel Syndrome (CTS)?
In the UK, compensation for Carpal Tunnel Syndrome (CTS) resulting from work-related activities can be pursued under a work accident claim if the condition is proven to be caused by the nature of the job. The compensation amount in such cases typically depends on several factors, including the severity of the symptoms, the duration and extent of any disability caused, the costs of medical treatment, and any loss of earnings or earning capacity. Here’s an outline of how compensation might be structured and some examples:
Factors Influencing Compensation Amounts:
- Medical Expenses: Reimbursement for all medical treatments related to carpal tunnel syndrome, including surgery, physiotherapy, and any ongoing treatment costs.
- Loss of Earnings: Compensation for time off work due to carpal tunnel syndrome and potential future loss of earnings if you’re unable to return to your previous work at the same capacity.
- Pain and Suffering: This covers the physical pain and emotional distress caused by carpal tunnel syndrome.
- Other Losses: May include costs for modifications needed at home, travel expenses to and from medical appointments, and any other related out-of-pocket expenses.
Guideline Compensation Amounts for Carpal Tunnel Syndrome (CTS):
For Carpal Tunnel Syndrome (CTS), the compensation can vary based on the severity and permanence of the symptoms:
- Mild Carpal Tunnel Syndrome (CTS): Where symptoms can be controlled with surgery and there is a likelihood of full recovery, awards can range from approximately £2,000 to £10,000.
- Moderate Carpal Tunnel Syndrome (CTS): If there is some ongoing intermittent pain or discomfort, but symptoms can largely be managed effectively, compensation might range from £10,000 to £15,000.
- Severe Carpal Tunnel Syndrome (CTS): Where the condition leads to significant loss of function and ongoing pain, despite surgical interventions, compensation can range from £15,000 to £20,000 or more.
Some Real-Life Examples:
- Example 1: An office worker developed severe Carpal Tunnel Syndrome (CTS) due to inadequate ergonomic arrangements at her workstation. After undergoing surgery, she was unable to return to her previous role and claimed for loss of earnings, medical costs, and pain and suffering. The claim settled for around £18,000.
- Example 2: A factory worker who used vibrating tools developed Carpal Tunnel Syndrome (CTS) and received £12,000. This amount covered medical expenses for surgery, rehabilitation costs, and compensation for several months off work.
- Example 3: A construction worker with persistent and debilitating symptoms of Carpal Tunnel Syndrome (CTS), even after multiple surgeries, received compensation of about £20,000, reflecting the severity and permanent impact of his symptoms on his ability to work and perform daily activities.
Role of Solicitors in Carpal Tunnel Syndrome (CTS) Claims
When dealing with Carpal Tunnel Syndrome (CTS) claims, especially those related to the workplace, the guidance and expertise of a solicitor are invaluable. Solicitors play a crucial role in navigating the complexities of the legal system, ensuring that clients understand their rights, and helping them to secure the compensation they deserve. Here’s a detailed breakdown of how solicitors can assist at each stage of the CTS claim process and why specialized legal advice is crucial.
Experienced solicitors understand how to calculate and negotiate for fair compensation covering all aspects of the claim, including medical expenses, lost wages, pain and suffering, and potentially punitive damages if negligence is involved.
Solicitors help clients understand the risks and potential outcomes of pursuing their claims, providing guidance on the best possible actions to take based on the specifics of their case.
Looking for some help?
Frequently Asked Questions (FAQs)
1. What is Carpal Tunnel Syndrome (CTS)?
Carpal Tunnel Syndrome is a medical condition where the median nerve is compressed at the wrist, leading to pain, numbness, and tingling in the thumb, index finger, middle finger, and part of the ring finger. Severe cases can lead to weakness in the hand and difficulty grasping objects.
2. Can I make a claim for Carpal Tunnel Syndrome caused by my work?
Yes, if you can demonstrate that your carpal tunnel syndrome was caused or made worse by the conditions of your work, you may be able to make a claim for compensation. This typically involves proving that your job entailed repetitive hand movements, use of vibrating tools, or other risk factors for developing CTS.
3. What evidence do I need to support a Carpal Tunnel Syndrome claim?
Supporting a carpal tunnel syndrome claim requires:
- Medical records documenting your diagnosis, treatment, and any permanent disability.
- Evidence linking your carpal tunnel syndrome to your workplace, such as a job description that highlights repetitive manual tasks or expert reports on workplace ergonomics.
- Witness statements from colleagues or a supervisor corroborating your work duties.
4. How long do I have to file a Carpal Tunnel Syndrome claim?
The time limits for filing a claim can vary, but generally, you have three years from the date you became aware (or should have reasonably become aware) that your carpal tunnel syndrome might be related to your work. It’s important to consult a solicitor as soon as possible to ensure your claim is filed within the legal deadlines.
5. What type of compensation can I expect for a Carpal Tunnel Syndrome claim?
Compensation for carpal tunnel syndrome can include costs for medical treatment, rehabilitation, and surgery, compensation for lost wages if you were unable to work, and possibly damages for pain and suffering. The amount depends on the severity of your condition and the impact it has on your life.
6. Will I need to go to court for a Carpal Tunnel Syndrome claim?
Many carpal tunnel syndrome claims are settled out of court through negotiations with employers or their insurance companies. However, if a satisfactory settlement cannot be reached, your case may go to court. A solicitor can represent you throughout this process to ensure the best possible outcome.
7. Can I claim Carpal Tunnel Syndrome compensation if I am self-employed?
Self-employed individuals can still claim compensation for carpal tunnel syndrome if they can prove that their work activities caused or contributed to the condition. This might involve demonstrating how work practices or lack of appropriate equipment led to the development of carpal tunnel syndrome.
8. What if my Carpal Tunnel Syndrome is only partially caused by work activities?
You can still make a claim even if work activities are only partly responsible for your CTS. Compensation might be adjusted to reflect the extent to which your work contributed to your condition, known as apportionment.
9. How can a solicitor help with my Carpal Tunnel Syndrome claim?
A solicitor can provide invaluable assistance by:
- Assessing the viability of your claim.
- Gathering and presenting evidence effectively.
- Negotiating with insurers or employers on your behalf.
- Representing you in court if necessary.
- Advising on legal rights and options throughout the claim process.
10. Are there any preventative measures employers should take to avoid Carpal Tunnel Syndrome claims?
Employers should conduct regular risk assessments and implement preventative measures such as ergonomic adjustments to workstations, providing proper training on equipment use, and enforcing regular breaks for employees performing repetitive tasks.
11. What should I do immediately after suspecting CTS might be work-related?
If you suspect your CTS is work-related, you should:
- Report the condition to your employer or human resources department.
- Visit a healthcare professional for diagnosis and treatment.
- Keep a detailed record of your symptoms and any related expenses.
- Consult a solicitor who specializes in work-related injury claims to discuss your legal options.
12. How is work-related CTS diagnosed?
Work-related CTS is diagnosed through medical examinations that may include physical tests (like Tinel’s and Phalen’s tests), nerve conduction studies, and reviewing your medical history. The occupational link is established by assessing your work activities and any corresponding ergonomic risks.
13. Can I still claim if I had pre-existing CTS that worsened due to work conditions?
Yes, you can claim if work conditions have exacerbated a pre-existing case of CTS. You must demonstrate that your work significantly contributed to the worsening of your symptoms. Compensation might be adjusted to reflect the degree to which your employment exacerbated the condition.
14. How long does it take to settle a Carpal Tunnel Syndrome claim?
The duration of a carpal tunnel syndrome claim can vary widely depending on the complexity of the case, the amount of evidence required, the willingness of the employer or insurance company to settle, and whether the case goes to trial. Generally, it can take anywhere from several months to a few years.
15. What if I am no longer employed with the company where I developed CTS?
You can still make a carpal tunnel syndrome claim against a former employer as long as you file within the statutory time limit, typically within three years of realizing your condition is related to your past employment.
16. Are there any lifestyle changes I can make to support my Carpal Tunnel Syndrome claim?
While lifestyle changes alone will not affect the legitimacy of your claim, implementing ergonomic improvements, taking regular breaks during work, and doing exercises that strengthen the wrists can help mitigate symptoms and demonstrate your commitment to managing your condition.
17. What are the risks of not pursuing a Carpal Tunnel Syndrome claim?
Failing to pursue a carpal tunnel syndrome claim can result in you bearing the full cost of medical treatments and potentially suffering from lost wages without compensation. Additionally, not addressing the issue may lead to further deterioration of your health and working ability.
18. Can I make a Carpal Tunnel Syndrome claim if I’m a freelancer or contractor?
Freelancers and contractors can make carpal tunnel syndrome claims if they can demonstrate that their work activities directly contributed to their condition, much like employees. The claim would typically be against whoever contracted their services if it can be shown that the contractor had control over the working conditions or tasks that led to CTS.
19. What role do health and safety inspections play in Carpal Tunnel Syndrome claims?
Health and safety inspections can provide crucial evidence in carpal tunnel syndrome claims. Inspections might reveal a lack of proper risk assessments, insufficient ergonomic practices, or a failure to implement recommended changes to prevent repetitive strain injuries.
20. How can I find the right solicitor for my Carpal Tunnel Syndrome claim?
Look for a solicitor with expertise in work-related injuries, especially those involving repetitive strain injuries like CTS. Check their qualifications, experience, client testimonials, and any relevant accreditations from professional bodies. Initial consultations are often free and can provide a good opportunity to assess whether the solicitor is a good fit for your case.
Why You Need Legal Representation: The Role of a Solicitor in Your Claim
Seeking legal representation from a knowledgeable and experienced solicitor specializing in workplace injuries is essential to protect your rights and maximize your compensation. A skilled solicitor can assess the circumstances surrounding your work accident injury, gather evidence to support your claim, and negotiate with insurance companies on your behalf. They can also guide you through the legal process, ensuring that deadlines are met, and your rights are upheld every step of the way.
A solicitor specializing in workplace injuries can be a tremendous asset. They can help in:
-Assessing the validity of your claim.
-Gathering necessary evidence and documentation.
-Negotiating with insurance companies.
-Representing you in court, if necessary.
How much will it cost to make a work accident claim?
(No Win, No Fee)
We will take on your work accident claim on a ‘No win, No fee’ basis. Our charges to you are dependent upon the individual type of case, and are typically a percentage of the compensation amount that we obtain for you. Where we offer “No Win, No Fee” services, typically customers pay 25% plus VAT of the companestion amount we able to recover on your behalf and any ir-recoverable disbursements. If we won’t able to secure any compensation for you then you don’t have to pay us anything.
If you or someone you know has sustain cuts, laceration or scarring injury then feel free to contact us. Alternatively, you can also request a free, no obligation callback request from our website.
How long do you have to make an accident at work claim?
Work accidents can cause serious injuries. This is because most working environments have a high accident potential when not maintained – or if staff haven’t been trained properly. You typically have three years from the date of the accident or diagnosis of a medical condition to make an injury at work claim. However, there are some exceptions to this rule:
- Psychological Trauma or Mental Capacity – if you or your loved one no longer has the mental capacity to make a claim themselves (often the case following a traumatic brain injury), then in these circumstances there is no time limit for making a compensation claim.
- Accidents While Working Abroad – if your accident happened while working abroad, the time limit for making a claim may be shorter.
- Defective Work Equipment – if your injury was caused by a piece of equipment that had a manufacturing defect, the time limit may be different. If you’ve been injured with an accident at work it’s best to contact us as soon as possible, to ensure we can begin your claim within the relevant time limits.
- Under 18s – If you or a loved one suffered an injury at work when they were under 18 (including if the injury happened while in full or part time employment, as an apprentice or on work experience), a claim can be started at any point up until their 21st birthday. However, in cases where mental capacity has been lost, then no time limit applies.
What do i need to prove in an accident at work claim?
If you’ve been injured at work in the last three years and it wasn’t your fault, you may be able to claim compensation. Injuries, medical condition and work-related illnesses are often caused by employers and managers failing to follow proper health and safety rules.
First, you need to prove that the accident that caused your injury (or medical condition) was not your fault. Second, the evidence must demonstrate that the accident was caused by the negligent action – or inaction – of your employer.
You can call us or request a free callback and we will assess your accident at work claim.
Am I Eligible To Make An Accident At Work Claim?
In the UK, employers and business owners are legally responsible for the welfare and safety of their staff and any visitors to their premises. The law states that all businesses must compulsorily hold employer liability insurance and conform to Health & Safety regulations to ensure that they meet those requirements/guidelines.
If your employer failed to meet their responsibilities and their negligence has caused injury (or medical condition), you can claim compensation by filing an accident at work claim. If your claim for a workplace injury is successful the compensation would be paid from the employers liability insurance. In certain circumstances, even if you contributed to your own accident at work, you may still be able to claim injury compensation if your employer is deemed to have been the main instigator of your personal injury or medical condition at work.
You can call us or request a free callback if you have any questions about claiming compensation for an accident at work.
Frequently Asked Questions Related to Work Accident Claims
What should I do if my employer disputes my injury claim?
If your employer disputes your claim, it’s important to seek legal advice immediately. A solicitor can help gather evidence to support your case and represent your interests in any disputes or legal proceedings.
Can I claim for psychological injuries?
Yes, you can claim compensation for psychological injuries, such as stress or anxiety, if they are a result of your working environment or job-related activities.
How long does a workplace injury claim process take?
The duration of a claim process can vary depending on the complexity of the case. Some claims are settled within a few months, while others may take longer. Your solicitor can provide a more specific timeline based on your circumstances.
Will I need to go to court for my injury claim?
Most injury claims are settled out of court. However, if a satisfactory agreement cannot be reached, your case may need to go to court. Your solicitor will prepare you for all eventualities and represent you throughout the process.
Are there any costs involved in making a claim?
Many solicitors offer a ‘No Win, No Fee’ arrangement for workplace injury claims. This means you won’t have to pay any upfront legal fees, and fees are only applicable if your claim is successful.
Can I make a work injury claim if the accident was partly my fault?
Yes, you can still make a claim even if you were partly at fault. The concept of ‘contributory negligence’ may apply, where compensation is reduced according to your share of the blame.
What if I’m a contractor or a temporary worker, can I still claim?
Yes, contractors and temporary workers are entitled to a safe working environment. If you are injured while working, you have the same rights to claim as permanent employees.
How is the amount of compensation determined?
Compensation is calculated based on factors like the severity of your injury, impact on your life, loss of earnings, and future care needs. Each case is unique, and the amount varies accordingly.
What if my injury occurred over time and not in a specific incident?
You can still claim for injuries that developed over time, such as repetitive strain injuries or occupational illnesses. The key is to link these conditions directly to your workplace environment or duties.
Can I claim for an injury that happened while working from home?
Yes, if you’re working from home as part of your employment, you are still covered by your employer’s duty of care. Injuries sustained while performing your job at home can be eligible for a claim.
What happens if I lose my job after making a work injury claim?
It’s illegal for an employer to dismiss you solely because you’ve made a claim. If you’re unfairly dismissed, you might have grounds for further legal action.
Can I make a claim on behalf of a family member who was injured at work?
Yes, if a family member is unable to make a claim themselves due to the severity of their injuries, you can initiate a claim on their behalf.
How long will I receive compensation payments?
The length of time you receive compensation depends on the nature of your injury and how it affects your ability to work. Payments continue until you’ve recovered, or for a period specified in your compensation agreement.
What about psychological trauma resulting from a workplace accident?
You can claim for psychological trauma, such as PTSD or anxiety, if it’s directly related to a workplace accident. Mental health injuries are as valid as physical injuries.
Is there a risk of any costs if I lose my claim?
Under a ‘No Win, No Fee’ agreement, there should be no costs if you lose. However, it’s important to understand the terms of the agreement with your solicitor, as conditions can vary.
What if my employer has gone out of business?
You may still be able to make a claim even if your employer is no longer in business. It’s important to seek legal advice to explore your options, as claims can often be made against the company’s insurance.
Can I be fired for making a workplace injury claim?
It is unlawful for an employer to dismiss you for making a legitimate injury claim. If you face dismissal or unfair treatment as a result of your claim, you should inform your solicitor immediately.
How can I support my mental health during the claim process?
Dealing with an injury claim can be stressful. It’s important to seek support, whether through counseling, talking to family and friends, or joining support groups. Your solicitor can also provide guidance on coping strategies during this time.
Is there a minimum severity for injuries to be eligible for a claim?
No, there’s no minimum severity for workplace injuries. Even minor injuries can be eligible for a claim, especially if they result in medical costs, pain, suffering, or loss of earnings.
Can I make a claim if I’m a contractor or temporary worker?
Yes, contractors and temporary workers have the same rights to a safe working environment as permanent employees. If you’re injured while working in these capacities, you may still be entitled to make a claim.
What happens if the injury aggravates a pre-existing condition?
If a workplace injury aggravates a pre-existing condition, you can still make a claim. The key factor is determining how much of your current condition is attributable to the workplace injury.
Can I make a claim for an injury that happened during a work social event?
If the social event is officially sponsored by your employer, and you were injured during this event, you may have a valid claim. The specifics can be complex, so it’s advisable to consult with a solicitor.
Should I accept a settlement offer from my employer’s insurance company?
Be cautious about accepting early settlement offers, as they may not fully cover your long-term needs. It’s essential to have any offer reviewed by a solicitor to ensure it’s fair and adequate.
Can family members claim compensation if a workplace injury is fatal?
In tragic cases where a workplace injury leads to death, dependents or family members may be able to make a claim for compensation. This can cover funeral expenses and loss of financial support.
How can I ensure that my claim is processed smoothly?
Keeping detailed records, following your solicitor’s advice closely, and maintaining open communication can help ensure your claim is processed smoothly and efficiently.
What if I face harassment after making a claim?
Harassment or any form of retaliation from your employer or colleagues due to your claim is unlawful. Report any such occurrences to your solicitor immediately, as they can advise on the best course of action.
We are here to help!
If you, a friend or a family member has involved in an accident at work that caused your injury (or medical condition) then it may be possible to claim compensation for injuries or medical condition.
Our dedicated workplace accident solicitors will work hard to get you the compensation you deserve. Your settlement can help pay for private medical care and any time you’ve had to take off work.
You have three years to make an accident at work claim from the date you were injured.
