A Guide to Claiming Carpal Tunnel Syndrome Compensation
If you have been affected by carpal tunnel syndrome we can help.
The purpose of this guide is to help anyone who has suffered carpal tunnel syndrome and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.
Carpal tunnel syndrome statistics
Carpal tunnel syndrome is a legally recognised industrial disease where the median nerve passing into the hand becomes compressed.
This condition causes pain, tingling, or weakness in the forearm and hand. Health and Safety Executive (HSE) figures show that 5,750 people were assessed for disablement benefit from work-related carpal tunnel syndrome between 2003 and 2013.
In the workplace, almost 90% of carpal tunnel syndrome cases involve male workers.
The most common cause of work-related carpal tunnel syndrome is regular, repetitive strain being placed on the wrists, hands, or fingers.
Symptoms of carpal tunnel syndrome
The main symptoms of carpal tunnel syndrome affect feeling and motor capability in the hand. Symptoms can affect the thumb, index, middle and ring fingers. These symptoms can result in difficulties maintaining a grip on objects and operating machinery.
The pain associated with carpal tunnel syndrome is primarily severe numbness. This pain can be so intense it can wake individuals from sleep.
Surgery may be required to alleviate symptoms. Following carpal tunnel syndrome surgery, up to three months recovery time may typically be needed.
Do I have a carpal tunnel syndrome claim?
It should be possible to make a carpal tunnel syndrome claim if:
- you were diagnosed in the last three years and;
- someone else, such as your employer, was to blame.
Even if these two points don't apply to you, you may still be able to make a claim.
To get impartial advice on whether you have a claim, speak to injury claims expert on 0800 612 7456.
A brief phone consultation will tell you exactly where you stand. There is no obligation to start a claim.
You can also find out if you have a claim with our Online Claim Checker.
Claiming compensation from your employer
You can claim from the employer responsible for the work-related tasks, machinery or equipment, that caused carpal tunnel syndrome to develop.
Relevant legislation which may support your personal injury claim includes:
- Health and Safety at Work Act 1974, Management of Health and Safety at Work Regulations 1999, Manual Handling Operations Regulations 1992 - which place a duty of care on employers to provide safe working conditions, suitable equipment, and appropriate safety training an supervision for their employees.
- Health and Safety (Display Screen Equipment) Regulations 1992 - which provide health and safety guidelines for working with display screen equipment. These include guidelines for safety measures such as the provision of ergonomically designed chairs.
Your solicitor will assess whether your employer has been in breach of health and safety regulations. If the employer is proven negligent, they may be held liable to pay compensation for your claimant's carpal tunnel syndrome injury.
Making a claim for carpal tunnel syndrome
It is important to begin your claim as soon as you are aware you have developed carpal tunnel syndrome.
This is because there is a statutory time limit on making personal injury claims. Claims must be made within three years of the claimant's knowledge of their injury.
Your solicitor will assess the value of your claim based on supporting evidence, including medical reports. Compensation settlements can include amounts for:
- Medical treatment
- Pain and suffering
- Loss of amenity -personal adjustments to claimant's working, social and personal life
- Loss of current and future earnings
- Expenses related to on-going care, such as travel costs for hospital visits
Settlement amounts relate to the severity of the injury caused, and the overall impact of the injury on the claimant.
The amount of money you could claim for your carpal tunnel syndrome will depend on:
- the extent of your injury, and
- any financial losses or costs you have incurred.
At the start of your claim, your solicitor will consider the many ways your carpal tunnel syndrome has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.
This calculation will factor in 'general damages' and 'special damages'.
General damages are awarded for pain, suffering and loss of amenity (PSLA).
Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.
Special damages are for financial losses and expenses you have incurred as a result of the accident.
What can I claim for after a carpal tunnel syndrome? (see list)
Examples of special damages (losses you can claim for) include:
- Lost earnings (including future earnings)
- Medical treatment costs
- Travel costs
- Costs of care
- Costs of adapting your home or car
Carpal tunnel syndrome compensation amounts
The following carpal tunnel syndrome payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, Fourteenth Edition by the Judicial College.These tables are used by solicitors or by the courts as a starting point when calculating your compensation.
|Wrist injury||Minor||Wrist fracture recovering within one year||£2,810 to £3,790|
|Wrist injury||Moderate||Colles wrist fracture||Around £5,920|
|Wrist injury||Moderate||Taking around two years to heal completely||Up to £8,160|
|Wrist injury||Serious||Causing permanent pain and stiffness||£10,040 to £19,530|
|Wrist injury||Serious||Serious with significant permanent problems||£19,530 to £31,220|
|Wrist injury||Severe||Severe with loss of function of the wrist||£37,960 to £47,720|
What is the average injury compensation for a carpal tunnel syndrome claim?
The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.
However, the money you would receive following a carpal tunnel syndrome will depend entirely on your specific circumstances.
Your carpal tunnel syndrome compensation will be calculated based on the unique impact your injuries have had on your life, your ability to work, and the actual financial losses you have incurred as a result of your injuries.
See the injury table above for some examples.
Can I claim for an existing carpal tunnel syndrome that has got worse?
Yes, it is possible to pursue a claim in the event that a pre-existing medical condition, illness or injury is made worse or aggravated by an accident or someone else's negligence.
Carpal tunnel syndrome compensation
Calculating how much compensation you can claim for a carpal tunnel syndrome injury can be complicated.
Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.
Find out what your carpal tunnel syndrome claim could be worth now:
How long does a carpal tunnel syndrome claim take?
The length of time needed to process a carpal tunnel syndrome claim can vary significantly.
For instance, a simple liability accepted injury claim could be completed in a month or two. If the employer denies liability, it could take considerably longer. On average an injury claim should take 4 to 9 months. To read more about how long your claim could take, see:How long will my claim take?
Will I still be able to claim for a carpal tunnel syndrome after the law changes in April 2020?
The law relating to personal injury claims is changing in April 2020.
You will no longer be able to claim no win, no fee compensation using a solicitor for lower value claims (under £5,000).
In addition, compensation for whiplash and other soft-tissue injuries will be reduced.
Caring and sensitive support
Your solicitor will handle your carpal tunnel syndrome claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:
- Financial support: interim payments while you are unable to work.
- Advice: on personal injury trusts, tax and welfare benefits.
- Coordination: with rehabilitation providers and therapists.
- Access: to treatment and therapies not always available on the NHS.
Will I get financial advice?
Your solicitor will be able to advise you on whether to accept a financial settlement for your carpal tunnel syndrome claim. If you require tax planning or trust advice, the solicitor will recommend and work closely with a financial adviser.
No win, no fee - the facts
With a no win, no fee agreement, your solicitor agrees that you will have no legal fees to pay if your claim is not successful.
Our no win, no fee promise
Our no win, no fee guarantee means there is zero financial risk in making a carpal tunnel syndrome claim - even if you don't win your claim.
What do I pay if I win my carpal tunnel syndrome claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, once your claim is settled. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.
What do I pay if I do not win my carpal tunnel syndrome claim?
If your carpal tunnel syndrome claim is not successful then you do not have to pay any legal fees at all. Your solicitor may take out insurance to ensure there will be nothing to pay.
Can I get Legal Aid?
Legal aid is no longer available when making a personal injury claim, but a Conditional Fee Agreement (No Win, No Fee) can reduce the financial risks of making a claim.
How can Quittance help?
Your solicitor will fight for the best possible compensation settlement for you, the highly-experienced panel of solicitors have an excellent track record of winning injury claims.
If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.
Call us FREE 0800 612 7456 or arrange a callback:
if you can claim
to start a claim
Carpal tunnel syndrome FAQ's
Can I claim for someone else?
Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.
If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.
The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.
Can I claim if I was partly responsible for an accident?
You may still be able to claim compensation even if you contributed to your accident or to your injuries.
However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.
How long do I have to make a carpal tunnel syndrome claim?
In general, you have a time limit of up to 3 years from the date of the carpal tunnel syndrome to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your carpal tunnel syndrome claim becomes 'statute barred'.
Can I claim for a carpal tunnel syndrome after 3 years?
Possibly. The general rule for adults is that a claim must be started within three years.
However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.
There other circumstances that can also impact the limitation date. Call us now on 0800 612 7456 to find out if you are still able to claim carpal tunnel syndrome compensation.
In reality, there are a number of factors that can affect whether a carpal tunnel syndrome claim will be taken on by a solicitor.
Will I have to go to court?
Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.
Only a very small percentage (approx. 5%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.
Cases that do ultimately go to court are held in front of a judge, not a jury.
Will I have to go to a solicitor's office?
No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.
Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.
Can I get an early compensation payment?
If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.
An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.
About the author
Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.
Read more about this Quittance Legal Expert