Making an RSI Claim Against Your Employer
Can I make an RSI claim?
If your RSI is a result of work-related problems and you have proof to show it, then you DO have grounds to submit a claim.
Employers must look after their employees by providing them with the necessary means to make sure that an employee’s risk of being injured is as low as possible. Training is a basic method that employers use to educate employees about how to work safely. Safety equipment is something that employers should utilise to avoid any workplace injuries. It is unlikely that employers can eliminate all workplace hazards, but they need to do the best so that they can protect their employees.
If the employer does not take steps to provide training, information, safety equipment and other measures, and an employee develops a RSI as a result of this inaction then the employer may be negligent.
How much compensation can I claim for an RSI at work?
Like many types of claims, compensation levels vary depending on the severity of the injury and how it impacts you.
When can I claim for RSI?
More difficulties arise if Claimants do not bring a claim swiftly. Some employees fear reprisals from their employers or may simply wish to struggle on at work despite their symptoms, hoping that matters will resolve themselves.
This delay can be severely detrimental to a possible claim. The Limitation Act 1980 states that Court proceedings must commence within 3 years of the date an employee first suspected that s/he had suffered an injury and that his or her employer may be responsible as it had been caused by their work process.
If Court proceedings are not commenced within those 3 years, then the claim cannot be brought, except in very specific circumstances. For this reason, an employee must take legal advice as swiftly as possible. Evidence needs to be gathered before this 3 year deadline so it is best to find out your options as soon as possible after sustaining an injury.
Do I have an RSI case against my employer and what can I do?
The basis of bringing an RSI claim is similar to bringing any other claim for personal injury at work. An employee is owed a duty of case by the employer to, amongst other things, provide a safe workplace and safe wok equipment.
If that duty is then breached, the employee may have a case to bring. Also, it must be proven that:
- The employer had or should have known that the work presents a risk of injury to the employee.
- The employer then failed to take reasonable steps to remove or reduce the risk of injury and to warn the employee of that risk.
Employers responsibility for RSI
Nowadays it is almost impossible for an employer to allege that s/he was not aware of the risks of injury involving repetitive work. There have been many well-reported Court cases and the Health & Safety Executive (HSE) has produced literature on the subject since 1977.
In 2002 the HSE published a revised paper entitled ‘Upper Limb Disorders in the Workplace’. This document provided up to date comprehensive advice to Employers concerning potential risks.
However, it is still necessary to prove that the injuries suffered were foreseeable to an employer. Clearly, if other employees performing the same task have reported similar injuries or even brought claims then it is possible to prove that an employer is on notice of the problem. In failing to act once on notice, the employer may be liable.
What is RSI?
The term ‘Repetitive Strain Injury’ describes a wide range of different symptoms suffered by employees. The term itself, however, is misleading in that it represents a wide variety of differing causes. Some may be identified such as tenosynovitis, tendonitis, carpal tunnel syndrome and tennis elbow. It is also used to describe unidentified non-specific symptoms which are known as ‘Diffuse RSI’.
With an increasing number of Claimants now pursuing claims against employers in a complicated area which his generally known as “RSI”, we look at the potential for success in such claims.
What are the types of RSI?
- Bursitis
- Carpal tunnel syndrome
- DeQuervain’s syndrome
- Diffuse RSI
- Dupuytren’s contracture
- Dystonia
- Epicondylitis
- Gamekeeper’s thumb
- Raynaud’s disease
- Tendinitis
- Tenosynovitis
- Thoracic outlet syndrome
If you would like more information regarding the description of these RSI’s then please visit the NHS website.
Symptoms of RSI:
- Cramp
- Stiffness
- Tingling/numbness
- Pain/aching/tenderness
- Throbbing
- Weakness
It is important to get medical advice immediately if you have any of these symptoms because if left unseen, it can cause long term pain lasting for months and even years.
RSI in the Workplace
RSI in the workplace can occur in many different types of employment, from working on a factory production line to typing on a keyboard. Long periods without job rotation, insufficient breaks and poor posture are typical factors to look out for.
Here at Morrish Solicitors, we specialise in accidents at work claims and we can help get you the compensation that you deserve.
RSI in a Factory Workplace
People working in a factory are far more likely to develop RSI compared to someone in an office because their job is likely to be more physically demanding.
- Back injuries from lifting heavy materials can be a common issue
- Hand injuries from either trapping hands in machines or lifting materials that are too heavy
Most asked questions about RSI at work
What happens if I do not have proof of RSI caused by work?
If it is not possible to prove on the balance of probabilities that the symptoms were caused directly by the work practice, then once again, it becomes difficult to proceed with a claim.
What caused RSI?
- Activities that involve awkward positioning like bad posture by sitting on a poor chair. Conducting intense activities for a length of time without any rest
- Continuously repetitive activities
What steps do I take to claim an RSI injury at work?
First of all, it can be very difficult to prove that you suffered RSI due to a work-related incident so it is important that you find all the facts and proof that you can find and bring it to us. We will look over the information that you have and decide if it is worth submitting a claim. If we deem that it is worth it, then we will guide you through the steps required for the process. Contact us to get started and submit your information.
If you’ve suffered a RSI injury at work please contact Morrish Solicitors’ personal injury department on 033 3344 900.
