Repetitive Strain Injury Claims

Your employer has a legal duty to protect your health, safety and welfare while at work to prevent injuries. Despite appropriate safeguarding put in place injuries can develop, if you’re suffering from work related repetitive strain injury (RSI), you could be entitled to claim compensation.

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What is a Repetitive Strain Injury?

The term ‘Repetitive Strain Injury’ (“RSI”) is a general term for soft-tissue injuries caused by repetitive activity. It is a common complaint for people whose work involves repetitive tasks and employers have a duty to make sure their employees are protected from the risk of developing RSI.

RSI can lead to extended time off work and make carrying out basic activities like getting dressed or driving, difficult.

Commonly diagnosed examples of RSI are:

  • Hand/Arm Vibration Syndrome (HAVS)
  • Carpal tunnel syndrome
  • Tennis Elbow/Golfers Elbow (Epicondylitis)
  • Ulnar Neuropathy
  • Gamekeeper’s thumb

For further information regarding the description of these RSI’s and their symptoms, please visit the NHS website.

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Can I make an RSI Claim?

If you think your Repetitive Strain Injury (“RSI”) has been caused by work-related problems then you will have grounds to consider a claim.

Employers have a duty of care to 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. Ensuring that an employee has a suitable workplace/workstation, adequate breaks, suitable work equipment and providing RSI prevention training are basic methods that employers should provide. 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 an RSI as a result of this inaction then the employer may be negligent.

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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.

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RSI Compensation Claims

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033 3344 9600

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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.

If you’ve suffered a RSI injury at work please contact Morrish Solicitors’ personal injury department on 033 3344 9600.

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Making a Repetitive Strain Injury Claim Against Your Employer

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.

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:

  1. The employer had or should have known that the work presents a risk of injury to the employee.
  2. The employer then failed to take reasonable steps to remove or reduce the risk of injury and to warn the employee of that risk.
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Laura Nabozny

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John Morrison

Partner & Personal Injury Solicitor

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Martin Bare

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Personal Injury Solicitor

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