Complex Regional Pain Syndrome (CRPS)

What is Complex Regional Pain Syndrome?

Complex Regional Pain Syndrome (CRPS) is a chronic pain condition which usually affects a person’s limbs, after an injury, fracture, amputation, ankle sprain or surgery. The pain is debilitating and out of proportion to the original injury.

The condition is more likely to occur during times of increased emotional stress. However, in rare cases CRPS becomes apparent spontaneously, without apparent cause.

CRPS can occur anywhere in the body, however, the condition usually affects an arm, leg, hand or foot. 

The exact cause of CRPS is unknown. It may be a disorder of the immune system that affects the nervous system, producing inflammation of the nerves that control blood flow, sensation, and body temperature.

There are no specific tests to diagnose CRPS, however it is usually diagnosed by consultation by your GP. It also may be diagnosed where all other potential conditions with similar symptoms are ruled out.

The symptoms of CRPS generally include burning or aching pain, fluctuations in skin temperature, rapid growth of hair and nails, muscle spasms, joint pain, changes in skin’s colour, changes in skin appearance, changes in skin’s texture, increased sweating and difficulty moving the limb.

There are also many psychological symptoms of CRPS. The psychological symptoms include symptoms of anxiety or depression, poor sleep or a feeling of desperation.

We recommend that you seek medical help as soon as possible if you or your loved one is experiencing symptoms of CRPS.

Types of CRPS

CRPS is divided into two types:

• Type 1: CRPS develops without known nerve damage. Type 1 usually follows an injury to a limb where the nerves were affected; and
• Type 2: CRPS is the result of specific nerve damage. Type 2 usually follows an injury to a limb, where the nerves were not affected.

Can you make a personal injury claim for CRPS?

Yes, you may be able to make a personal injury claim for CRPS if your initial injury was one of the following:

• a work related accident;
• a motor vehicle accident;
• occurred in a public place; and
• following surgery (you can possibly make a medical negligence claim if something negligently or incorrectly happened in the surgery).

Please note that this must be a result of someone else’s negligence and not your own.

If you’re already in the middle of a personal injury claim and you believe you have CRPS symptoms, it’s important to raise this with your solicitor immediately.

Victorian Case Example of a Worker's Compensation Claim for CRPS

If your initial injury that led to the development of CRPS is an accepted injury for the purposes of the worker’s compensation claim, you may be entitled to workers compensation.  Therefore, if the initial injury is accepted by WorkCover, you may receive compensation for the losses caused by CRPS.  However, it is important to seek legal advice straight away as claims that involve CRPS can become complex.

As CRPS is an uncommon injury and one that is difficult to diagnose, there are no reported CRPS compensation claims in the Queensland Courts. However, there is a recent successful CRPS claim in the Victorian Supreme Court worth discussing.

In the recent Victorian Supreme Court decision of McGiffin v Fosterville Gold Mine Pty Ltd [2022] VSC 665, the Court considered a dispute between an injured worker and the insurance company, as to the cause of ongoing pain after a workplace injury.

An injured worker suffered a partial long bicep tendon tear in his right dominant arm after a workplace accident in the Fosterville Gold Mine. The injured worker needed multiple surgeries however, he was in significant pain following his surgeries.

The injured worker gave evidence at trial that he cannot use his right arm at all and that it stays in a fixed position by his side. The injured worker experienced hundreds of spasms in his right arm a day that feel like an electric shock, his arm always feels hot, it swells and sweats often. He noticed differences with colour, temperature and hair growth between each arm and has a permanent clawed grip in his right hand. The injured worker was suffering from type 1 CRPS as diagnosed by specialists.

All expert evidence obtained agreed that the pain and symptoms the plaintiff experienced was not in proportion to the original bicep injury, and the cause of the ongoing pain and symptoms was the issue in dispute.

Ultimately, the Victorian Supreme Court agreed that the plaintiff was suffering with CRPS type 1 and also with a secondary adjustment disorder with anxiety and depression. The Supreme Court awarded compensation in excess of $1,950,000.

How we can help

The Compensation Team at Wallace & Wallace Lawyers are experienced in all aspects of personal injuries claims. If you are dissatisfied with your current representation, our experts can also offer a second opinion.

If you, or someone you know has been injured at work, or you want a second opinion, call us now on (07) 4963 2000 or contact us via our online contact form for practical legal advice on how you should proceed.