Repetitive Strain Injury Claims

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:

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.

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