How to make a claim for Work Related Upper Limb Disorder (WRULD)
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.
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 HELPLINE TBA
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