A guide to making a No Win No Fee ulnar neuropathy claim
Ulnar neuropathy, or ulnar nerve entrapment, is a compression or irritation of the ulnar nerve as it crosses either the wrist (known as Guyon's canal syndrome) or, more commonly, the elbow (known as cubital tunnel syndrome). It can also occur in the forearm between these two regions.
As well as injury to the region, such as a blow or fracture, one of the recognised causes of ulnar neuropathy is repetitive flexing or stretching. If repetitive strain or another type of injury in the workplace results in ulnar neuropathy, a claim for compensation can be made.
Diagnosing ulnar neuropathy
Ulnar neuropathy is the second most common type of peripheral nerve entrapment in the upper body. As well as pain in the affected area, the earliest symptom is usually numbness and tingling in the fourth and fifth finger, which can be intermittent or continuous. Other recognised symptoms include:
- Muscle weakness in the hand
- Clawing of fourth and fifth finger
- Weakened grasp and coordination
- Wasting of muscles
- Loss of function in a few or all fingers
If ulnar neuropathy is suspected, the first step is to get a clear diagnosis of the condition from a medical professional, which can be arranged by a solicitor. Not only can a medical professional advise on treatment but they can also help identify the cause based on questions asked about the individuals work role and environment.
Who is liable in ulnar neuropathy claims?
If ulnar neuropathy occurred (whether cubital tunnel syndrome or Guyon's canal syndrome), and was identified as being likely caused at work, an employer would be liable if their actions or inactions were deemed negligent.
Under the Health and Safety etc Act 1974, employers are legally bound to provide a safe working environment. This includes a requirement to carry out a full workplace assessment to identify risks and to put measures in place to avoid or minimise them. Negligence would result from failure in any of these respects.
For ulnar neuropathy, identified risks include:
- Lifting and manual handling
- Continual gripping or twisting
- Using a computer (including resting on elbows and using a mouse)
- Pulling levers
- Frequent reaching
Recognised measures to control them could be setting time limits on use or offering adequate training on best practice lifting and reaching techniques.
Industries which have been involved in compensation claims for ulnar neuropathy include: construction; carpentry; manufacturing; warehouses; transport; IT and administration.
What evidence is required?
In order to successfully prove negligence and therefore liability, a solicitor will advise an ulnar neuropathy Claimant on what is required. Types of evidence could include:
- Medical reports showing symptoms, prognosis and likely cause
- An employer's health and safety records
- Any witnesses to the injury or related procedures
Unfortunately, establishing a clear cause for ulnar neuropathy can be difficult. This can make a claim more complex, but a solicitor can advise on the best way to tackle this.
How can compensation help?
On top of the medical expenses, which can include physical therapy, anti-inflammatory drugs or even surgery, the symptoms of ulnar neuropathy can make work, and life, much more difficult.
Due to the physical discomfort and limitations, certain activities can become a real strain and doctors will often advise refraining from them until the condition improves. An individual affected may have to take time off work, as well as learn new processes which do not irritate the symptoms.
Compensation can help ease both the physical, psychological and financial strain.
100% No Win, No Fee ulnar neuropathy claim - Pay nothing if you lose your claim
Typically a no win no fee contract (more correctly referred to as a Conditional Fee Agreement) is entered into between a claimant and lawyer.
A CFA is the terms and conditions under which the solicitor represents the claimant.
The agreement documents what the lawyers will actually do as well as how he or she will be paid if the case is ultimately successful.
If you use our solicitors for your ulnar neuropathy compensation claim there are absolutely no sneaky hidden costs in the terms and conditions , no up-front fees and the comfort that you will never be financially out of pocket.
Before you instruct arm yourself with as much information as you need. The right answers help you to make the best decision for you.
Find answers to popular questions asked by injured people on the FAQ page.
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