Cubital Tunnel Syndrome (CTS) claims are usually a type of repetitive strain injury claim. It affects the elbow or the arm. Otherwise known as Ulnar Neuropathy, this is a condition that can be quite painful and last for a long time.
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CTS is a condition that involves pressure or stretching of the ulnar nerve (also known as the “funny bone” nerve), which can cause numbness or tingling in the ring and small fingers, pain in the forearm, and/or weakness in the hand. CTS is caused by nerve compression. In turn, this causes irritation of the ulnar nerve as it passes the wrist or elbow. Symptoms range from pain and discomfort to numbness and reduced mobility. Therefore, in some cases, nerve entrapment can cause pain and discomfort and can cause muscle weakness in the affected area.
If you have developed cubital tunnel syndrome as a result of the negligence of another party or individual you may seek a legal remedy. CTS is almost always related to overuse or repetitive strain in connection with physical activity, for example, manual handling in a warehouse. It can also be caused by simply applying too much pressure on the elbow, for example, sitting at a desk all day and leaning your elbow on a hard surface.
Cubital tunnel syndrome is most commonly linked with the workplace and can be caused by a number of workplace based activities. This includes;
Most commonly associated with overuse and repetitive strain injuries caused in the workplace, cubital tunnel syndrome can develop following a previous injury which may have put pressure on the ulnar nerve. In order to prevent these injuries, there should be measures in place to ensure that workers have adequate rest breaks and only spend a limited time using certain machinery or carrying out a task. Training can also help to prevent these injuries.
An overuse injury is defined as any injury to a muscle or joint which is caused by carrying out repetitive actions over an extended period of time. They can occur in any part of the skeletal system. Overuse is commonly associated with cubital tunnel syndrome as this can develop as a result of repetitive pressure which is put on the muscles over time.
Cubital tunnel syndrome is mostly associated with workplace injuries. It is the most common injury caused as a result of repetitive strain and overuse. For those who are working a manual job that involves heavy lifting or working on an assembly line. It is likely that the tasks and movement carried out will be repetitive. Therefore, it is the employer’s responsibility to ensure that the employees are given regular breaks. In order to ensure that overuse is not an issue. Therefore, when an employer fails to give an employee regular breaks they may be found liable for the injury.
All employers have a responsibility to ensure that they manage activities in a way which prioritises health and safety and this should be a priority for them. They are also required to provide training and personal protective equipment so as to help prevent accidents and injuries in the workplace. Failing to do so could result in injuries being sustained that they could be found liable for. Cubital tunnel syndrome is more commonly associated with certain industries. This includes;
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Once you have gathered all the relevant information in relation to your injury it is then time to move forward with your claim. It is important to use a personal injury solicitor to help you with this.
When you decide you want to move forward with your injury claim it is important to have all the relevant information to hand when contacting a solicitor. Important information to have on hand at this point is:
As a solicitor is aware of the injury claim process they can avoid any legal bumps in the road you might encounter if you did this yourself. It is their job to be your trusted advisor on all legal matters throughout your case.
The most important document needed to prove your injuries is your medical report. The reason a solicitor will ask for your doctor’s details or if you have attended the hospital is so they can obtain all the medical reports required to pursue the case for you.
As soon as your solicitor has gathered all the information, your injury claim will be submitted to the Personal Injuries Assessment Board for assessment. Your solicitor will do this for you. Once the Injuries Board assess your claim your solicitor will revert with a suggested settlement amount. At this stage, you have a choice to accept the Injuries Board assessment or reject it and move to the next steps.
At this point one of two scenarios will unfold:
a. If both you and the party at fault accept the Injuries Board assessment, your case is settled and the person at fault will be ordered to pay settlement to you.
b. If either you or the person at fault reject the Injuries Board assessment, then you move to the next stage and your solicitor will issue legal proceedings.
Before you start to concern yourself with court and everything that comes with it, it’s important to understand that only a very small percentage of cases actually make it to a courtroom.
Settlement meetings will be arranged where a settlement can be negotiated. Most cases are settled at this point without ever having to step foot into a courtroom and remember it’s your solicitor’s job to be with you every step of the way, right beside you to ensure that your best interests are met at all stages. Your solicitor is to be your trusted advisor throughout the process and to let you focus on your recovery, as they focus on settling your case.
At Tracey Solicitors LLP, we make law accessible to all — regardless of your knowledge or experience with the claims process. For more information and a confidential discussion on your accident, phone 01 649 9900 where you can speak with a member of our team straight away, or email ask@traceysolicitors.ie to tell us about your case.
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If you are to proceed with an injury claim you may be entitled to claim compensation for the injury and added expenses you may have incurred. These claims are called damages.
General damages are non-financial damages such as pain and suffering and/or physical and emotional injuries following an accident.
Special damages are out of pocket expenses incurred as a result of the injury, for example, loss of earnings (if you are out of work), medical bills, and added travel costs as a result of the injury (for example, travel to and from the hospital). Learn more about Special Damages.
Material damage refers to damage caused to your personal property. For example, in a road traffic accident, the material damage would be the damage to your car.
The statute of limitations are the legal time limits on how long you have to make a claim — these vary depending on the situation. The general rule for most personal injury cases is that the person has two years from the date of the accident or date of knowledge of the accident to make a claim for compensation. Contacting a solicitor to discuss your case will help you in determining how long you have left to make a claim.
Learn more about Time LimitsWe draw on more than 35 years of experience in personal injury law to provide you with expert advice and legal services.
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