Question: Does anyone recognise my symptons. I have been diagnosed with functional thoracic outlet syndrome. Make sure you have a correct diagnosis. I was wrongly diagnosed with this after the nerve conduction scans and it has taken a car accident with whiplash and persistence on my part to get a second opinion – I am now diagnosed as having “work related upper limb disorder”. However, the diagnosis is now too late for me to sue my employer as I have run out of time – it is over 3 year since I first started suffering (but I did have a baby in the middle of that time which masked (and temporarily got rid of) my symptoms!!).
Answer 1: It is from the moment you had knowledge of the exact condition. I have seen many letters from courts requesting details about the time lapses between consultation and a firm diagnosis. Although you may have been experiencing pain, if the WRULD diagnosis was not made until recently, than that is the date that you use as your starting point. They will also deduct the amount of wasted time, i.e. waiting for appointments etc from this 3 year time limit also. Try suggesting that to whoever is giving you legal advice. As I have said I have seen letters to hospital staff regarding this many times. However suing for WRULD is quite tricky at the current time, mainly due I feel to an uninformed legal profession, or at least one that does not keep as current as they might with what is a newly expanding condition.
Answer 2: It’s not too late to sue your employer. The 3 years starts with point of knowledge – and that is when you got your diagnosis of WRULD not when you first got your symptoms.