If you decide to make a claim for Repetitive Strain Injury (RSI) you will first need to prove you have the symptoms. RSI is a physical condition caused by repeated rapid movements, which put a strain on tendons and muscles, especially in the back, wrists and arms.
RSI affects a whole range of people performing a wide range of tasks, right across industry. It can affect everyone, from the production line worker to the employee who spends his or her entire day working at a desk in front of a computer.
Actually, RSI is not a recognised medical condition, but is used to describe a range of disorders that include tennis elbow, frozen shoulder and trigger finger, all of which are extremely painful and can lead to time off work and loss of earnings.
To prove you have these symptoms you will have to visit a doctor and undergo a medical examination. It is important that you tell the doctor about how and where the condition developed; in this instance, your role at work.
RSI is not, of course, restricted to the workplace; it can develop as a result of other activities, such as sports. However, for a claim for Repetitive Strain Injury to be successful you need to be able to prove it was sustained in the workplace.
What other proof do I need for an RSI claim?
To be able to claim compensation you have to prove you were not responsible for the condition developing. You also have to prove who was responsible; in this case it will be your employer.
How is my employer responsible for my RSI?
Your employer has a duty of care to you as an employee. The fact that you are suffering pain because of RSI can be deemed to prove the employer has not been exercising the required level of duty of care towards you.
The employer is likely to be shown to be liable for you sustaining RSI if it was already known or should have been known that you were exposed to injury or failed to take reasonable steps to prevent or reduce the risk of you suffering that injury. It also has to be demonstrated that you sustained the RSI, because of your duties in the workplace.
Steps to take when claiming RSI compensation
After receiving confirmation from your doctor that you are suffering from an RSI-related injury your next step should be to seek compensation. At this point you are advised to seek legal advice on how to proceed with your claim. This is because all claims are extremely complicated and your employer is very likely to challenge your claim.
Our work accident and personal injury solicitors are very experienced in dealing with this type of claim. We will be able to advise if your employer has a case to answer and if you have a reasonable chance of success. We will then represent you with the aim of securing a just settlement.
How much will it cost?
We will open your case at no cost to you and you will be represented on a 100% no win, no fee* basis. This means that if your case is successful you will receive your entire claim. If it is lost, on the other hand, you will not be responsible for paying our fees.
Date Published: October 1, 2013
Author: David Brown