Ulnar Neuropathy Compensation Claims
If your life, or the life of a loved one, has been affected by ulnar neuropathy we can help.
The purpose of this guide is to help anyone who has suffered ulnar neuropathy and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.
In our guide to claiming
ulnar neuropathy compensation:
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.
Do I have an ulnar neuropathy claim?
It should be possible to make an ulnar neuropathy claim if you sustained an injury:
- within the last three years, and;
- another person was to blame, and;
- that person owed you a duty of care.
Do I have a claim? - Common questions
What if a child was injured?
The 3 year rule does not apply to minors.
A claim can be pursued for anyone under the age of 18 by a parent, guardian or litigation friend. The injured child has up to the age of 21 to start an ulnar neuropathy claim on their own behalf.
Do I need a diagnosis before I can make an ulnar neuropathy claim?
If you have been injured and are awaiting the results, you should still seek legal advice as soon as possible. The sooner you start an ulnar neuropathy claim after an accident, the more likely your claim is to succeed.
The amount of money you could claim for your ulnar neuropathy 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 ulnar neuropathy 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 an ulnar neuropathy? (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
Ulnar neuropathy compensation amounts
The following ulnar neuropathy payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, Fifteenth Edition by the Judicial College.These tables are used by solicitors or by the courts as a starting point when calculating your compensation.
|Elbow injury||Less serious||No significant long-term problems||Up to £10,040|
|Elbow injury||Moderate||Some long-term problems||£12,480 to £25,510|
|Elbow injury||Serious||Severe and disabling injury||£31,220 to £43,710|
What is the average injury compensation for an ulnar neuropathy claim?
The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.
However, the money you would receive following an ulnar neuropathy will depend entirely on your specific circumstances.
Your ulnar neuropathy 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 prescription costs?
Special damages?are awarded for costs or losses incurred as a result of the ulnar neuropathy injury. Damages can include loss of earnings, treatment cost and any other 'out-of-pocket' expenses such as prescriptions.?
Ulnar neuropathy compensation
Calculating how much compensation you can claim for an ulnar neuropathy 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 ulnar neuropathy claim could be worth now:
How long does an ulnar neuropathy claim take?
The length of time needed to win compensation for ulnar neuropathy can vary considerably.
For example, a straightforward liability accepted injury claim might be concluded in a couple of months. However, if liability is denied the process might take longer. Typically, an injury claim takes between 4 and 9 months. See more: How long will my claim take?
Caring and sensitive support
Your solicitor will handle your ulnar neuropathy 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.
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?
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 compensation can 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.
How did your injury occur?
The claims process that your solicitor follows will vary, depending on how the injury occurred:
No win, no fee, no risk
No Win, No Fee is an agreement with your solicitor (known as a Conditional Fee Agreement or CFA) that means that you can make an ulnar neuropathy claim with:
- no upfront legal fees
- no solicitor's fees payable if your claim is not successful
- a success fee payable only if your claim is successful
No Win, No Fee is the most common way to make a compensation claim.
Our no win, no fee guarantee
If you have been injured through no fault of your own, our no win, no fee guarantee takes the risk out of making an ulnar neuropathy injury compensation claim. Read more about making a No win, no fee claim
What do I pay if I win my ulnar neuropathy claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, only after your compensation is awarded. The solicitor's success fee can be up to 25%. Your solicitor will agree a success fee with you before you start your claim.
What do I pay if I do not win my ulnar neuropathy claim?
If your ulnar neuropathy claim is not successful then you will not have to pay any fees. Your solicitor may take out insurance to ensure there will be nothing to pay.
How do personal injury solicitors get paid?
If your ulnar neuropathy claim is successful, the defendant, or their insurer, will pay the compensation and your solicitors fees.
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
Ulnar neuropathy 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 an ulnar neuropathy claim?
In general, you have a time limit of up to 3 years from the date of the ulnar neuropathy to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your ulnar neuropathy claim becomes 'statute barred'.
Can I claim for an ulnar neuropathy 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.
If you were injured as a child, you do have up until your 21st birthday to make a claim.
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 ulnar neuropathy compensation.
In reality, there are a number of factors that can affect whether an ulnar neuropathy 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