Document Actions
Can I claim for osteoarthritis caused by systems at work?
I have worked for my retail company for the last 28 years, I have been told by my doctor that I have Osteoarthritis in my neck? It can be due to wear-and-tear as I am 48, however as VDU's were not in use in 1979 and now there are Health & Safety regulations would I have grounds for a claim? I am a Stock Manager and need to use one throughout the day. I have no time to sit at a desk as my job role needs me to be mobile and stand to use the stock systems.
Osteoarthritis is a natural degeneration process and is not caused by working practices. It often referred to as 'wear and tear'.
Your employer is under a general duty to provide a safe system of work and also to comply with VDU regulations. Whether you can bring a claim would depend largely upon medical evidence. If you have seen an Orthopaedic consultant who has confirmed that your symptoms are 100% from Osteoarthritis then you are unlikely to have a claim.
Alternatively, if your GP has given you an assessment and reached this conclusion then we would suggest you should investigate pursuing a claim. This would involve your Solicitor obtaining a specialist medical opinion.
We can ask a Solicitor to undertake this process for you. It is unlikely to cost you anything because you may already have insurance or insurance can be obtained.
Important! Ask your own free questions... Questions are answered accurately at the time they are posted but the law can change or your circumstances may differ in an important but not obvious way from those mentioned. For fast, free and up-to-date personal legal advice direct to your inbox about your own individual case ask Law Answers your own free legal question.
