Fibromyalgia, or (FMS) is a long-term condition defined by widespread chronic pain and fatigue, affecting the central nervous system.
Complex regional pain syndrome (CRPS) is a condition by which a person experiences persistent pain which is severe and debilitating.
CRPS and fibromyalgia have many overlapping features; both involve severe pain and involve a dysfunction of the sympathetic nervous system. However, the degree of pain experienced can differ clinically.
Both fibromyalgia and CRPS can be triggered by specific traumatic events this can be both physical or psychological.
Can you claim for CRPS?
If you are suffering from CRPS or Fibromyalgia which developed as the result of an event or accident that was not your fault, you may be able to claim compensation. These conditions can have a huge impact on your daily life and can sometimes render you unable to work. Thus, the financial implications are very important and a successful compensation claim can make a big difference.
Hugo Anglesford of commented: “There are a large number of fibromyalgia and CRPS sufferers in the UK who have had to turn to short term loans and finance to pay for both legal fees as well as living costs, which makes things really difficult, as it adds an additional layer of debt, which they could do without.”
How Much Can I Claim?
In the UK, the range of compensation available for the pain and suffering of CRPS is fixed. The compensation for the pain and suffering of CRPS, including how it affects your quality and enjoyment of life, has a maximum of around £80,000.
However, there are other features that can make up part of the claim and maybe enable you to get more compensation. The figure will vary on a case-to-case basis, but total compensation amounts can be six or seven figures.
How do CRPS and Fibromyalgia Claims work?
Claims for CRPS and Fibromyalgia typically include damages for pain, suffering and loss of amenity. When claiming, the largest part of your compensation award will come from financial losses. These are divided into ‘past loss’ and ‘future losses.’
Past loss, also known as ‘special damages’ is everything that you have lost up until the point of the claim. Typically, this will include:
Loss of earnings
Due to CRPS and its symptoms, it can have a huge impact on working life meaning that full-time work becomes difficult or even impossible. This means that many sufferers of CRPS and Fibromyalgia have to reduce their hours or even stop working entirely. When making a compensation claim, an individual is entitled to claim their net loss of earning (without tax).
Loss of pension
In the UK, the majority of employers need to legally contribute to your pension. Subsequently, if you are unable to work, you are also missing out on your pension contributions, which can be included in your CRPS compensation claim.
Treatment, care and equipment costs
Any treatment costs incurred from having CRPS or fibromyalgia needs to be included. This covers things such as occupational therapy, spinal cord stimulation, physiotherapy, cognitive behavior therapy and residential pain management programs, among other things.
Additionally, many sufferers of these conditions will need to employ some form of career or assistance these payments will come under the cost of care and can be included in the claim.
Any specialist equipment or adaptations made (such as ramps, stairlifts or modified bathrooms) can also be included.
Samuel Davies of commented: “Making your home or property accessible for someone with a disability or physical impairment is really hard, particularly when you are juggling your day to day responsibilities. Being able to claim the compensation that can be claimed for fibromyalgia and CRPS can make a big difference to the quality of live for those that it affects.”
The other part is Future Loss which will most likely be a calculation of your continued past losses and will depend on your expected life expectancy and proposed retirement date. There is a lot of educated guesswork involved here which is usually made easier by working with a specialist CRPS or Fibromyalgia compensation claim lawyer.
Future loss can include:
Continued loss of earnings and loss of pension (factoring in career progression)
Cost of future treatment and care
Cost of additional adaptations, aids and equipment
Services such as childcare or dog walking
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