How to make a claim for Work Related Upper Limb
Disorder (WRULD)
Legal information
If you have suffered a
work
related upper limb disorder injury then you may be
able to make a compensation claim against your employer.
We can help with specialist legal advice.
We also deal with industrial
disease claims including
Vibration white finger and no win no fee
asbestos compensation.
WRULD Claims
The WRULD based symptoms
may be progressive in nature starting off as
general tiredness and an aching sensation that
disappears at rest. But eventually they can become
chronic and lead to an
irreversible condition that affects all aspects of life.
The sufferer may be unfit and unable to
return to work.
If a condition is dealt with promptly
then the chances of making a full recovery are better.
Treatment may involve rest, medication, physiotherapy,
splints, steroid injections and even surgical
intervention.
The first issue in considering
a compensation claim is to determine whether or not a
person suffers from a recognised condition that is
linked to the duties that they carry out whilst at work.
In practice this can be difficult to establish as often
a condition can develop regardless of the work carried
out. In fact some of these conditions can be
constitutional in nature and occur naturally as a result
of a persons age.
Some of the conditions may also arise
following trauma or be as a result of a persons home,
hobbies and leisure activities. Therefore, it follows
that even if a person suffers from symptoms when they
are at home and at rest it does not necessarily mean
that work duties may be causing the condition.
As for
instance a person may be vulnerable in certain
circumstances or may be suffering from an aggravation of
a milder condition. So if a firm medical diagnosis can
be made linked to work duties then the actual work
duties themselves must be examined in detail.
A detailed
description of the work duty is required possibly with
video footage in support and sketch plans. So that it
can be established whether or not the repetitive
movements carried out would give rise to such an injury.
In conclusion, when considering a claim a firm medical
diagnosis is very important.
Other matters to consider
are how a person actually became exposed to the
repetitive motions and the degree of exposure.
This is
as exposure may cause problems over a fairly short
period of time. Symptoms may also arise following an
absence from work or where there is a change if working
patterns or an increase in workload.
The length of
exposure also needs to be considered alongside the
working habits such as frequency of work breaks,
rotation of duties and whether or not the task was
continuous in nature.
Of course this list is not
exhaustive but anybody who develops such a condition
should contact a Solicitor immediately to see if they
are able to make a claim for compensation.
Once a firm
diagnosis of condition has been made then a person has
three years from the date of knowledge of the
development of a condition in which to make a claim for
compensation.
MAKE AN ENQUIRY WITH US TODAY REGARDING YOUR POSSIBLE
COMPENSATION CLAIM - CALL 0800 0322210
More links:
Health & Safety (HSE) official site on WRULD -
Legal precedents and judgements
Legal advice covering the
whole of the UK - including Manchester, Leeds,
Birmingham, Nottingham, Bradford, Hull, Bristol,
Cardiff, Newport, Liverpool & Merseyside, Newcastle,
Sunderland and the North east.
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