Question: I was wondering if anyone could give me any information on which specific diagnoses are eligible for claims. My staff association (the only union my employer will recognize) has stated that claims cannot be made for Carpal Tunnel syndrome as this is generic, even if there has been negligence on the employer’s part. I am still waiting the definitive diagnoses from consultant, but my last diagnosis from the physiotherapist was Carpal Tunnel syndrome.
I find out to believe that despite the fact it seems to me quite obvious my employers have not complied with health and safety law, simply because of the diagnosis I will be unable to make a claim Could anyone advice me if this is correct – I have not been too happy with the advice have received my staff association in general, and am not convinced that they know what they talking about.
Answer 1: Claims for injury at work can relate to absolutely ANY injury. But for DSS Benefit purposes Carpal tunnel syndrome is not recognized for Industrial Injury Disablement Benefit unless it was caused by vibrating equipment like pneumatic drills. I think your Staff Association may be muddling up two quite different areas of the law here.
Answer 2: If in addition there are clear breaches of the Health and Safety Act/s then it doesn’t matter what your diagnosis is! But that’s a slightly different part of the law. The Disability Discrimination Act may also be relevant: I’m afraid I don’t know enough about your situation to be able to tell. I’d suggest you talk to PACT who will not be able to advise you on this but may be able to help in other ways and the Citizens’ Advice Bureau.
There will also be legal firms who’ll give a certain amount of advice free. There’s probably a fair amount of material on the RSI web pages about all this it gets a bit lowering and lonely when unions and staff associations aren’t helpful about this kind of thing. I wish you well.