While carpal tunnel syndrome is perhaps a more well-known medical condition, cubital syndrome is the second most common nerve entrapment condition. If you believe that you have developed cubital syndrome as a consequence of your employment and your employer’s negligence, then you may have a claim for compensation.
Remember, it is the duty of your employer to provide a safe working environment and to protect the physical and mental well-being of their employees. That includes you!
Nerve entrapment injuries can be extremely painful, and if left undiagnosed/untreated, they can develop into permanent nerve damage and even disability. It is therefore vital that you seek medical advice/treatment if you feel numbness/tingling in your ring/small fingers, pain in your forearm or weakness in your hand.
If you are diagnosed with cubital tunnel syndrome, then you may be entitled to seek damages.
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What Causes Cubital Tunnel Syndrome?
While carpal tunnel syndrome impacts the carpal tunnel in the wrist area, cubital tunnel syndrome involves pressure/stretching of the ulnar nerve in the area of your elbow, commonly referred to as the funny bone.
Constant stretching and pressure can lead to temporary or permanent nerve damage which can be extremely painful.
What Are the Symptoms of Cubital Tunnel Syndrome?
There are numerous symptoms of cubital tunnel syndrome which include:-
- Numbness/tingling down the forearm
- Pain in the hand area
- Reduced strength of grip
- Aching pain inside the elbow joint
- Numbness/tingling on the ring/little finger
As you will see, these symptoms are extremely specific, and as a consequence, cubital tunnel syndrome is relatively easy to diagnose. However, many people sometimes put the symptoms down to “ageing” and unfortunately don’t seek medical attention.
Is There a Test for Cubital Tunnel Syndrome?
There are three tests available for cubital tunnel syndrome:-
- Nerve conductive test which monitors how fast signals travel down a nerve. This test will identify issues of compression or constriction of a particular nerve.
- Electromyogram is a test for the ulnar nerve which measure muscle reaction times in the area.
- X-rays can identify arthritis or bone spurs in your elbow.
So, if you recognise the symptoms of cubital tunnel syndrome, there are simple tests which your doctor can carry out to confirm a diagnosis.
Can Cubital Tunnel Syndrome Be Treated?
It will depend on how developed the conditioner is but there are ways and means of reducing the pain and suffering. These include:-
- Stopping the activity which aggravates the injury
- Using a splint/foam elbow brace (often at night time)
- Use of elbow pads in the workplace
- Nerve gliding exercises
- Anti-inflammatory medication
- Steroid injections to reduce the swelling/pain
If caught at a relatively early stage, there is no reason why you cannot make a full recovery from cubital tunnel syndrome. The situation can become a little more difficult to treat the more developed, but ultimately, surgery should help.
Is My Employer Liable for My Cubital Tunnel Injury?
If the condition develops as a consequence of actions at work, then ultimately, your employer is liable. There are various acts of Parliament which afford significant protections to employees and legal duty of care on employers.
If you develop cubital tunnel syndrome as a consequence of your employer’s negligence, then you may well be entitled to compensation.
Should My Employer Provide Safety Equipment?
Yes. Where there is any risk of injury, it is important that your employer carries out regular risk assessments. These will identify particular issues, challenges and may prompt a number of changes to the way in which you are asked to work.
In the event that certain actions are required to carry out your employment role, then safety equipment such as elbow pads and padding should be provided. Research also shows that the condition can be exacerbated where the individual does not take regular breaks.
Is Health and Safety Training a Legal Obligation?
Yes. Upon joining your employer, you should be introduced to an initial training programme and then take part in regular updates. These training sessions can cover everything from health and safety to working procedures, changes in the workplace to the use of safety equipment.
These training sessions should be documented, and all employees brought up to speed with any changes in the working environment.
Is There a Time Limit on Claiming Compensation?
Yes. There is a traditional three-year window of opportunity in which you should lodge your claim for compensation. While many people assume this three-year window begins when the condition “develops” this is not the case.
Day one of the timetable begins when you are officially diagnosed with cubital tunnel syndrome. This could be days, weeks, months or even years down the line.
Who Will Pay My Industrial Disease Compensation?
We can only guess at the number of perfectly valid compensation claims which have not been pursued because employees were under the impression their employer covered any compensation.
It is a legal obligation of businesses in the UK to have insurance in place covering industrial disease/personal injury claims. Therefore, if an employee was successful in proving negligence and received compensation, this would be paid out by the insurance company.
My Previous Employer Is No Longer Trading, Can I Still Claim Compensation?
Yes. It doesn’t matter whether the company is still trading or not, if you can prove that there was an active insurance policy in place at the time of your injury, then you should be able to pursue a compensation claim.
Proving negligence is a different issue, but just because your employer is no longer trading does not mean you can’t pursue damages.
Do I Need a Claims Management Company?
When looking to collate evidence, present your case, provide supporting opinion and navigate the intricacies of the UK legal system, many people prefer to go through a claims management company.
There is nothing to stop you pursuing a claim in your own right, but there are cost considerations, and unless you know how the system works, a perfectly valid claim could be rejected for a number of reasons.
When looking at any industrial disease, it is important to realise that all employers have a legal duty of care to their employees. As a consequence, if your employer has been negligent and you have developed a medical condition such as cubital tunnel syndrome, then you may be eligible for compensation.
Quick Industrial illness & Disease FAQs
On average, your claims management company will look to negotiate a success fee of around 25%, although this can vary depending on the level of compensation received and duration of the case. This is something which needs to be agreed before the claims management company can pursue your claim.
Special damages are best described as recompense for costs incurred, future medical expenses and other elements such as loss of earnings. If you are unable to return to work as a consequence of an industrial disease/illness, and your employer is found negligent, then they may need to recompense you for loss of earnings.
If you were paying legal fees and costs yourself, this could run into tens of thousands of pounds depending on the type of claim and the duration. Thankfully, many claims management companies will offer a “no win no fee” arrangement if, after reviewing your evidence, they believe you have a minimum 60% chance of success.
This effectively removes your liability to cover their costs when pursuing your case. In exchange, the claims management company will negotiate what is known as a “success fee”.
The pursuit of compensation for industrial diseases such as hearing loss should be done within a three-year window of opportunity. This window of opportunity begins on the first official diagnosis of your condition – not necessarily the event(s) which brought about the condition.
With issues such as hearing loss, which can worsen over a prolonged period of time, this is very important. We have seen cases where individuals have been diagnosed months and even years down the line, yet still been able to seek compensation.
How Can Money Savings Advice Help You With Making an Industrial illness Compensation Claim?
Here at Money Savings Advice, we have partnered with some of the UK’s leading Industrial illness Claims management companies. They have already helped thousands of people claim compensation for injuries & illnesses they have incurred, and they can do the same for you.
Choosing an independent claims management company means they won’t proceed with a claim unless they are sure it is in your best interests. They are also regulated by the FCA, which gives you an additional layer of protection.
If you would like to speak to one of these claim management companies who can help you make a compensation claim, then click on the below and answer the very simple questions.