Thoracic Outlet Syndrome Thoracic Outlet Syndrome/Brachial Plexopathy. In Memory Of DeAnne Marie.


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Old 05-30-2008, 06:39 AM #1
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Default I've been told i cant claim against employers.....

Hello again everyone!,

Since your advice, i have contacted a couple of firms of solicitors to find out if i can possibly claim again my employers for TOS...i did various searches to try and find a firm that has dealt with occupational diseases.

I just had a call back from one of them and they advised that it would be difficult to prove any negligence against my employers at the time (partly due to the fall i had prior to the TOS and the fact that they did make occupational therapy consultations and got me a new chair and keyboard). I did point out that the first chair was deemed i incorrect for my body type by another occupational therapist. (after about 6-9 of using it though!).

Did any of you hit this hurdle at the first attempt of claiming?...

It is harder to claim in the UK i think......
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Old 05-30-2008, 09:06 PM #2
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Quote:
Originally Posted by TraceyW View Post
Hello again everyone!,

Since your advice, i have contacted a couple of firms of solicitors to find out if i can possibly claim again my employers for TOS...i did various searches to try and find a firm that has dealt with occupational diseases.

I just had a call back from one of them and they advised that it would be difficult to prove any negligence against my employers at the time (partly due to the fall i had prior to the TOS and the fact that they did make occupational therapy consultations and got me a new chair and keyboard). I did point out that the first chair was deemed i incorrect for my body type by another occupational therapist. (after about 6-9 of using it though!).

Did any of you hit this hurdle at the first attempt of claiming?...

It is harder to claim in the UK i think......
Hi Tracy,
I can only give you the information we experianced. On the original clam from the TOS injury the wmployers carries had a IME doctor state a child hood birth injury caused the TOS. THe Judge ruled it was far too unbelievable to be coincidential to ever expect that after her work injury at age 16 the TOS developed. We had the same pedicatrician and he documented that she was never treated after birth discharge or had any complaints through childhood to relate to the injury an. symptoms on the date she was hurt.

The same judge though on the escalation to point of total disability had nothing to do with the work station, lifting trays of haburger /hotdog rolls, to distributors that did not get the correct orders. Also the equipment, she needed a headset phone spending hours a day resting the phone on her shoulder as she altered or entered orders all day long.
Judge said she had TOS, and it would have gotten worse even if she had been at home not working. We appealed twice after that and ran out of options. There was no evidance entered to ever suggest that she would have gotton worse. There was evidance from esclation of symptoms to the point the employer left ehr go as she was too injured to work for them....

Sucked big time. Orig injury claim was $45 every two weeks, the claim at Holsum Bread distrabution would have been $1,000 every two weeks.
We never got over the life altering affect the legal system can have on a person. Like the coal mine days, disable you and hang you out.

I wish you luck and perhaps if there is a type of social security disability UK offers perhaps that is the best way to go. Did the employer have short term disability insurance? WHen the w/c system is completed here and an award made for settlement many of us are on SSDI instead of W/C.
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Old 06-01-2008, 01:10 AM #3
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I have WC coverage for my TOS, but mine is traumatic TOS after a specific lifting injury.

I wish you luck, but I think the RSI thing is harder to prove causation (even though we all "know" what did it)

Where is hairdresser ? I know she had to quit because of the RSI, but I'm not sure if she was able to get WC coverage for it
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Old 06-01-2008, 01:57 AM #4
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Tracey I'm sorry for your pain, but I wondered if you'd posted in our Worker's Compensation Forum about this at all.

One of our members, lefthanded, has lots of experience in this area and is often kind enough to give an opinion on cases like your own.

Just a thought.
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Old 06-03-2008, 03:26 AM #5
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I was alerted to your issue here. I have to say I really know nothing of worker's compensation in anywhere but a couple midwest states and Washington State in the US. Even then, each and every state has a different opinion as to how repetitive use injuries should be handled, as well as whether pre-existing conditions are completely excluded or open to aggravation by work. In the US w/c is a no fault system, but injuries usually must be shown to arise out of or in the course of performance of work duties, or out of a condition of employment. This is the "but for" test: "but for" the accident or activity at work your injury/condition would not have occurred.


I will see if I can find your other posts, as I am sure you have given more details there, but doubt, with my limitations, that I can help much. . . .
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Old 06-03-2008, 03:05 PM #6
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Thanks once again for all your replys....i have not been able to reply for a few days as my wrist is playing up again - feels like it is getting a little more bony again! Sometimes im sure i can just feel the muscle wasting away.....feels like a deep itch - im soooo fed up with it!

Im going to contact a couple more firms of solicitors, but feel that your cases may be different to mine slightly (direct injury or congenitial birth defects causing tos) so i dont like my chances of a sucessful claim!

hope everyones well
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Old 06-04-2008, 12:59 PM #7
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Tracey,

It was well worth your try, and I personally would want more than one answer on a phone - I'd try to get at least two in-person consults.

To everyone else - remember that Tracey is in Brittain - not U.S.

In the U.S., NEGLIGENCE is NOT an issue, in fact it was why our work comp system was formed in the first place. Instead of the injured worker waiting to gather evidence and have a trial as to whether the employer was injured, a "statutory" system was devised and implemented in the hopes that the injured worker would just say, "hey I'm hurt here at work" and immediately get good medical care and be back to work ASAP.

Now, that's not unfortunately how it works every time in the U.S. because the insurance companies like to argue that the injury was: not done on the job, an old non-work injury that was not affected by the job, a complete lie, and so on. The insurance companies are the reason the work comp system is not working right, now. (My opinion.)

But back to Tracey - if the UK system requires some sort of fault to the employer, then she needs to seek consults in her area and follow the barristers' advice in her area.

Our (US) advice is no good to her. Different system, different laws, it sounds like from her post.
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Old 06-04-2008, 02:56 PM #8
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Many thanks TShadow - i think that it is right that in the UK there has to be some sort of proven negligence. I have just copy and pasted this piece of info from a website i have found on google:

Making an RSI Claim
Filed Under (Repetitive Strain Injury (RSI)) by admin on 21-03-2008
If you have suffered from RSI (Repetitive Strain Injury) as a result of the negligence of your employer, you may be entitled to make an RSI claim for personal injury compensation. RSI is not a recognised medical condition, but a term used to describe a range of injuries caused by repetitive movements or overuse. Repetitive strain injury affects the muscles, tendons and nerves and is usually associated with injuries to the hands, wrists, arms, shoulders and neck.

Unlike most personal injury claims at work which involve some form of accident, RSI claims are based on injuries caused by repetitive movements over a period of time, rather than a single event. However, RSI compensation claims are still made in the exact same way as all other personal injury claims under the law of negligence.

In order to make a successful claim for RSI compensation, it is essential to be able to prove the following:

That your employer knew, or ought to have known, that you were exposed to risk of injury through the work that you were doing;
That your employer failed to take any reasonable steps to prevent or reduce this risk of injury; and
That your injury was caused, either fully or partially, by the work you were required to carry out and your employer’s failure to take reasonable steps to minimise this risk.
If you have suffered from a repetitive strain injury (RSI) caused by the work you do, and feel that you RSI may have been caused by the negligence of your employer, you may be entitled to make a no win no fee personal injury compensation claim. Contact a personal injury solicitor who will be happy to discuss your RSI claim and the potential compensation you could be entitled to.


Thanks to everyone for their advice - it is greatly appreciated.
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Old 06-05-2008, 04:14 AM #9
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Wow. . . that is very different from our system. I guess if you get hurt and there is no negligence found, that you are out of luck in Great Britain. That bites. . . .
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Old 06-05-2008, 12:29 PM #10
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Yeah it does bite - big time! Im 27 this year and am possibly facing a whole lifetime of discomfort and limitations...

I have just looked on another website which says that the employer must put in place a system of work breaks and job rotation when a problem arises. I think my company didnt do enough when my problem arouse so may contact some more solicitors to see if it can be looked at from that angle!

Thanks again
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