Carpal Tunnel Compensation Claims
Suffering from a carpal tunnel injury can hugely impact your daily life and work. If you have carpal tunnel syndrome and you think it was caused by someone else's negligence or an accident that isn't your fault, then you're eligible for carpal tunnel workers' compensation.
The compensation an injured worker receives from a carpal tunnel settlement can help them cover current and future medical care expenses from the injury, legal costs, lost wages, and any other impacts.
Sometimes this workplace injury may require surgery (called carpal tunnel release), which can be a basis for your workers' compensation claim. How much compensation you receive will depend on the circumstances.
If you'd like to know more about making a carpal tunnel injury compensation claim, make sure to obtain impartial advice from a reputable professional. Talk with an experienced workers comp lawyer to learn more.
Talk with an experienced workers comp lawyer to learn more.
Common Causes of Carpal Tunnel Syndrome
Carpal tunnel syndrome is an occupational disease, the primary cause of which is compression of the median nerve in the hand. The carpal tunnel is a narrow passageway on the palm side of your hand, which is surrounded by bones and ligaments.
The median nerve is located in the carpal tunnel, and it controls feeling and movement in the hand. Repeated pressure on the median nerve can cause pain, numbness, a strain on the thumb's pinching muscles and index finger, and weakness in the hand and wrist.
Carpal tunnel syndrome is one of the many workplace injuries and is recognised as a work-related injury resulting from repetitive movements of your hands and wrists.
Carpal tunnel syndrome can result from several factors like:
Repetitive Overuse at Work
Frequent and repetitive overuse of your hands and wrists at work can cause carpal tunnel syndrome. Any job requiring the same motions with your arm, hand, or wrist over and over again, places you at risk of getting carpal tunnel syndrome. Assembly line workers, cashiers, bakers, hair stylists, musicians, and knitters are examples of those at risk.
Injury While Operating a Motor Vehicle
Operating a motor vehicle or other work machines can result in an injury. This injury can cause inflammation and swelling, which places pressure on the median nerve and other underlying tendons, thus causing carpal tunnel syndrome.
Find out more about making a car accident compensation claim.
Fractures of the Wrist
Injuries to the wrist like fractures, strains, sprains, dislocations, or breaks can cause swelling and inflammation, putting strain on the carpal tunnel and the median nerve which then leads to a carpal tunnel injury.
Pregnancy
During pregnancy, women experience a lot of hormonal changes, which is why they are at a higher risk of developing carpal tunnel syndrome. This hormonal imbalance can lead to swelling, which can cause carpal tunnel syndrome.
Arthritis
Joint or bone diseases like rheumatoid arthritis can also cause carpal tunnel syndrome. Arthritis usually results in stiffness and swelling in the joints, and this can place pressure on the median nerve.
Serious Carpal Tunnel Syndrome Symptoms
Common symptoms of carpal tunnel include numbness in the hands, pain in your fingers and hands, shock-like sensations on your hands, tingling or pins and needles.
As carpal tunnel syndrome gets worse, you experience severe symptoms of this workplace injury. These severe symptoms of carpal tunnel include:
- Weakness and clumsiness in the hand which makes performing fine movements like buttoning your clothes difficult
- Dropping things due to weakness or numbness
- The pain or tingling may travel up your forearm towards the shoulders
- Slower nerve impulses
- Less strength and coordination, especially in your fingers
Seeking immediate medical treatment is important before you experience total nerve damage or the condition worsens. Treating carpal tunnel syndrome can require surgery. This medical procedure is known as carpal tunnel release surgery. Other remedies that don't involve surgery include rest, diuretics, steroid injections, and splinting.
Can I Make a Carpal Tunnel Syndrome Workers' Compensation Claim?
Work-related carpal tunnel syndrome has become common. It's now even recognised as an industrial disease. Most workers don't realise it, but your employer has a legal responsibility to ensure health and safety regulations in the workplace are adhered to.
The employer should carry out risk assessments to minimise work-related injuries. Often, it can be difficult to tell who or what is at fault for your carpal tunnel injury. But, because of the repetitive nature of some jobs, they are usually a possible cause of carpal tunnel syndrome.
Injured workers can seek compensation for personal injury if they developed carpal tunnel syndrome while working. With clear and convincing evidence that the employer had lax health and safety regulations, you can claim workers' compensation for your injury.
To make a successful carpal tunnel claim, it should be shown that the employer was negligent and failed in his responsibilities to ensure safety, training, guidance, and risk assessment at the workplace.
This is why experienced compensation lawyers are necessary. Experienced compensation lawyers can give injured workers legal advice to help them file claims for compensation. Therefore, you should consider seeking advice from an experienced compensation lawyers o help you with your claim.
This will ensure you are awarded the appropriate workers' compensation you so desperately need.
What Evidence is Required to Make Carpal Tunnel Claims?
When making a carpal tunnel claim, you'll require several pieces of evidence to support your claim. This includes:
1. Medical Evidence
It's imperative that a professional medical practitioner assesses your condition and treats you when you seek medical care for your condition. It should be a qualified and professional medical practitioner. You should then request a copy of your medical report to act as medical evidence of the extent of your injury. Also, take note of any medical expenses you incur.
2. Copies of Correspondence Between You and the Employer
For the claim to be successful, you'll have to produce evidence of your conversations with the employer. If you informed him that you think the working conditions are affecting you, print out any emails or documents relating to that.
3. Occupational Health Reports
If a specialist reviewed your working environment, this report could be used as evidence in the carpal tunnel claims process.
4. Witness Details & Incident Reports
If any of your workmates or any other party are willing to give a statement about the working conditions, take note of their contact details. Your lawyer may contact them in the future so as to strengthen your claim for carpal tunnel compensation.
If you reported your injuries to your employer, document them. Request a copy of the employer's report as well. This may very well help your compensation lawyers secure you workers' compensation benefits for your carpal tunnel syndrome.
Is There a Time Limit For Making a Carpal Tunnel Injury Compensation Claim?
In Queensland, there are strict time limits for making claims for compensation for personal injuries.
Generally, you have three years from the time the injury occurred for most compensation claims unless you were under 18 when the injury occurred.
There are some exceptions to this, which may apply and we recommend you speak to an experienced compensation lawyer who understands these time limits so you don't have to second guess yourself.
Seeking legal advice as soon as you can may determine how much compensation you receive with minimal legal costs to yourself. We will ensure that your legal rights are protected and you have access to your full entitlements for your personal injury claim.
How Long do Carpal Tunnel Syndrome Compensation Claims Take?
We will do everything possible to make your compensation claim as smooth as possible. Every carpal tunnel syndrome claim is different, and sometimes the timeframe for settlement will vary greatly.
The length of time it may take to settle your claim can be dependent on the complexity of your injuries. Time is also needed for your injuries to become stable to determine the likely long-term impacts of your carpal tunnel syndrome injury. Our compensation lawyers want to see you receive the compensation entitlements that will assist you to getting back on your feet sooner.
It’s important to try and be patient throughout this process to allow your solicitor to fully assess and pursue your claim, making sure you receive the maximum amount of compensation you’re entitled to.
How Much Does it Cost to Lodge a Carpal Tunnel Injury Compensation Claim?
As with pursuing any legal action, there are costs involved in bringing a personal injury claim for a carpal tunnel syndrome injury. It is important to understand that there will be professional fees to cover work carried out by your solicitor in investigating your claim, providing legal advice and representing you.
We offer a ‘No Win. No Fee. No Catch’® promise, which means there are no upfront costs and you will never be left out of pocket. In the unlikely event that your case goes to court, and you are unsuccessful, we'll cover the costs - so you won't pay a cent to us or anyone else.
Legal fees are calculated on the amount of work done and will be explained to you in full before your claim for compensation is started and before you sign any kind of agreement.
However, it is important to keep in mind that in Queensland, the charging of professional legal fees in speculative personal injuries matters is regulated and there is a 50/50 rule which caps the fees a law practice can charge in these matters.
This rule states that law is practice is entitled to charge a client no more than half the amount to which they’re entitled to under a judgement or settlement, after deducting certain expenses a client is required to pay, including disbursements.
Disbursements are the costs incurred by a legal firm in pursuing your claim. These include report fees, investigations, court filing fees and barristers fees if your case ends up going to court.
What are the Average Carpal Tunnel Payout Amounts?
As with predicting time frames for resolving any compensation claim, your solicitor is unlikely to be able to tell the exact amount of compensation you’ll receive until your injuries are have stabilised.
This is because compensation payouts are dependent on many factors, including the total out-of-pocket medical and rehabilitation costs, time off from work and your future earning capacity, along with any loss of quality of life you’ve had to endure as a direct result of your injuries. Factors such as your age, accident details, pre-accident lifestyle and the type of work you do are also relevant.
After considering these factors, we will work with you to obtain the best possible outcome for your individual circumstances. Our experienced compensation lawyers work hard to support you during the claims process and will ensure you receive the best legal advice to your particular circumstances.
Can I Represent Myself When Making a Carpal Tunnel Injury Claim?
Seeking legal advice isn’t required to make a personal injury claim, although it’s highly recommended to engage a firm that has highly experienced compensation lawyers.
Personal injury law can be hard to navigate on your own, there are many legal rights you may not be aware of and without experienced compensation lawyers on your side you may not be successful in your claim for compensation or may not receive the maximum compensation you may be entitled to.
Lodge A "No Win No Fee" Claim
If you suffer injuries whilst at work, and you are looking for further information in terms of making a claim. Here at Smith's Lawyers, we offer a free consultation for injured people looking to seek compensation. As mentioned before, we also have a "No Win. No Fee. No Catch." policy, which means you will never be out of pocket.
Get in touch with us today to give yourself the best opportunity to understand your rights.
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