CRPS and chronic pain compensation claims

Complex regional pain syndrome (CRPS) is a very painful and debilitating condition which is often triggered by a traumatic injury. The pain caused by CRPS is far more severe and longer lasting than the pain that the traumatic injury would normally cause. The pain usually affects only one limb but can extend far beyond the area that was hurt, sometimes spreading to other areas of the body. It can also get worse, such as by mirroring in the opposite limbs, or spontaneously improve.

Complex regional pain syndrome or CRPS may be categorised as Type I or Type II:

• Type I CRPS usually occurs after an apparently minor injury. Type I CRPS is sometimes known as reflex sympathetic dystrophy.
• Type II CRPS, or causalgia, is more severe and involves nerve injury.

Symptoms of complex regional pain syndrome (CRPS) may appear within days of the traumatic injury, or may only develop weeks or months after the original injury has healed. The affected area may change colour or temperature, become swollen or stiff, and the skin become so sensitive that even the lightest touch is intensely painful. CRPS often lasts for years. It can also resolve over time.

Symptoms and signs of CRPS may include one or more of the following:

• stabbing, throbbing or burning pain, disproportionate to the injury;
• skin painful and sensitive to touch, hypersensitivity;
• pins and needles or tingling;
• changes to skin colour (mottled or discoloured);
• changes to skin temperature (very hot or very cold);
• swelling (oedema);
• muscle spasms, stiffness or reduced mobility;
• excess sweating;
• altered hair or nail growth.

CRPS compensation claims often also involve our client’s ongoing effects of the traumatic injury (such as a fractured bone) which triggered the CRPS, and psychological injury caused by the accident, traumatic injury and living with long term severe pain and disability from CRPS.

A diagnosis of complex regional pain syndrome (CRPS) is usually made by ruling out all other possible conditions with similar symptoms. There is no specific test for CRPS because the cause of the condition is not known. Before a diagnosis of CRPS is made, the sufferer may undergo various tests to rule out other conditions, such as:

• physical examinations;
• blood tests;
• an MRI scan;
• X-rays;
• nerve conduction studies.

Where someone has suffered traumatic injury leading to chronic pain or CRPS as a result of someone else’s negligence, they may be entitled to claim compensation and for their injury and its financial consequences.

Accidents which commonly lead to compensation claims for CRPS injury include:

• workplace accidents, such as falls, slips, burns, or injury from unsafe vehicles or machinery;
• road traffic accidents (RTAs);
• injury caused by unsafe buildings or public facilities;
• injury from defective products;
• injuries from violent crime, such as assault.

CRPS or chronic pain compensation claims often arise after our client has suffered one or more of the following injuries as a result of someone’s else’s negligence:

• fractures (broken bones);
• lacerations;
• conditions caused by swelling, such as compartment syndrome;
• severe burns or scalds;
• sprains and soft tissue injury;
• following surgery for major trauma or traumatic injury;
• following immobilisation of injured limbs, such as in a plaster cast, splint or brace.

In addition to the original traumatic injury, CRPS causes the injured person to suffer:

• severe pain, not limited to the site of original injury;
• fatigue, lack of concentration and other impairments;
• psychological injury, such as PTSD.

As with all serious injury claims, our client’s entitlement to compensation depends on the individual circumstances of their accident, injury and disability, and its impact on their life. Depending on the severity of our client’s injury and the circumstances of their claim, they may be entitled to claim compensation for:

• pain, suffering, and disability;
• costs of rehabilitation;
• costs of therapies, such as physiotherapy and occupational therapy (OT);
• costs of medical, surgical or pain management treatment;
• costs of psychological counselling and treatment;
• loss of earnings and/or pension;
• costs of necessary care, domestic help and support;
• increased costs of transport or adapted vehicles;
• specialist equipment and aids;
• costs of prostheses (after amputation);
• increased accommodation costs, e.g. necessary home adaptations;
• costs of case management.

Thousands of people develop CRPS after traumatic injury in the UK each year but, despite its prevalence and the suffering caused to those it affects, the condition often remains undiagnosed and is misunderstood. Doctors may be reluctant or lack the understanding to diagnose it.

Accident victims are at risk of losing out on the compensation they deserve after their physical injury later develops into chronic pain or CRPS. They may experience severe psychological symptoms and ongoing financial hardship but still be denied compensation on the basis of an outdated (and disproved) assumption that CRPS is ‘all in their head’. Defendant insurers often deny the existence of the condition or that it was caused by the defendant’s negligence.

Our specialist personal injury solicitors understand CRPS, its impact on our injured clients’ lives and their needs arising from this painful condition. We are experienced and skilled in securing compensation and early, funded, multi-disciplinary rehabilitation for clients with CRPS and chronic pain conditions, which often includes:

• referral to a specialist pain clinic for pain relief and pain management treatment;
• physical rehabilitation to improve function and reduce the risk of long-term physical problems;
• psychological support;
• advice and education on managing the condition.

In our experience, treatment for CRPS and rehabilitation is most effective if started early and managed by a multi-disciplinary team of specialist doctors, therapists and pain specialists, with coordination from a specialist case manager.