Repetitive Strain Injury Compensation Claims

The Legal Framework for RSI Claims in the UK

The legal framework for RSI claims in the UK is based around the Health and Safety at Work Act 1974. This is legislation which sets out the duty of care every employer has to their employees. It includes the following:

• Your employer should undertake risk assessments of any work carried out
• Your employer should provide adequate training to enable you to minimise the risk of any tasks you carry out or equipment you use
• Your employer should provide Personal Protective Equipment (PPE) which is fit for purpose and offers protection from the risk of an RSI when working
• Your employer must inspect and maintain the equipment you use according to the instructions provided by the manufacturer
• Your employer should take all reasonable steps they can to create a safe working environment

Employer negligence RSI claims might also reference the Health and Safety (Display Screen Equipment) Regulations, which set out regulations for people who work on equipment such as PCs, laptops, tablets and smartphones for continuous periods of an hour or more.

In simple terms, RSI compensation claims are valid if they meet the following criteria:

• You can prove that your employer was negligent and failed in their duty of care to keep you safe from harm
• You can prove that your RSI was caused by this negligence on the part of your employer

If you develop RSI but can’t prove that it was caused by factors related to your working environment or practices, then you probably won’t have a strong case for claiming compensation. If you’re unsure whether a condition you’re suffering could form the basis of an RSI compensation claim then contact us today for a free initial consultation.

How to Prove Employer Negligence in RSI Claims

If you contact us regarding RSI claim eligibility and we think you could be entitled to compensation then we’ll work to build the strongest possible case. Proving work-related RSI involves proving that you have developed RSI, and that this injury can be directly linked to the work you’ve been doing.

Proving that link through demonstrating that RSI prevention measures weren’t in place means collecting as much evidence as possible. This evidence could include the following:

Medical records – . Medical records will detail the diagnosis of RSI as well as any treatment you have received.

In addition to this, we will arrange independent medical examinations as part of your RSI compensation claim. Expert medical opinion could bolster your claims of the impact the RSI has had, and may confirm the link between your RSI and your work activities.

Documentation – Documentation obtained from your employer could help to ascertain the duties and working conditions which contributed to you developing an RSI. Examples might include work schedules, job descriptions and ergonomic assessments of your workplace.

In addition, we will ask for copies of any occupational health assessments of your working environment, and any concerns which you or fellow employees have raised in the past regarding repetitive activities and the risk of RSIs.

Training records from your workplace could be used to show that your employer failed in their duty to provide training on how to avoid an RSI.

Photographs – If possible, take photographs or film video evidence of your workplace and in particular your individual work station. Try to highlight the factors which led to your RSI developing, including images of specific items of furniture or pieces of equipment.

Witness statements – Take the contact details of fellow employees. They could provide your solicitor with witness statements confirming things like the conditions in which you work, the equipment you use and the fact that your employer failed to take the relevant RSI prevention measures.

A personal statement – the expert team at Wolferstans will help you to put together your personal statement. This will be your own account of how the RSI has affected you in terms of everything from the pain caused and your reduced ability to work, to the fact that it may prevent you pursuing hobbies or fully enjoying your life.

Your personal account should also detail any expenses which have arisen directly from your RSI. As well as compensating for suffering and distress, RSI compensation claims are intended to ensure that your employer’s negligence doesn’t leave you financially worse off.

To make sure this happens, keep an account backed up by receipts of everything you have to spend which is directly linked to RSI, such as medical bills, prescription charges and any care costs.

Care – as well as keeping a financial record of any care which your RSI forces you to have to pay for, note down details of the care you receive free of charge from loved ones or friends.

Record the hours per day and days per week for which they help to care for you, as this could have a bearing on the amount of compensation you are ultimately offered.

Correspondence – keep copies of any correspondence between you and your employer, particularly if it shows that you have raised concerns over working conditions, repetitive tasks and the risk of RSIs in the past.

How much compensation for an RSI Claim?

The compensation you receive for a successful RSI compensation claim is divided into two parts – general damages and special damages. The amount you receive for each, and the overall amount of RSI compensation, will be determined by the exact circumstances of your case, and in particular:

• The amount of pain and suffering you have experienced
• The part of the body which has been impacted by RSI and the severity of that impact
• The prognosis for any recovery

The degree to which you have been stopped from living your life as you did before developing an RSI. This is called ‘loss of amenity’ and refers to the fact that you can no longer pursue thing like hobbies and leisure activities, on a temporary or even permanent basis.

Any loss of earning arising from your RSI. This could be because you’ve had to stop working altogether, switched to a job which pays less or had to cut the number of hours you’re able to work.

Any expenses which can be directly linked to the RSI.

When calculating general damages your solicitors will call upon their own experience in the field, as well as referencing a publication called the Judicial College Guidelines (JCG). This publication offers guideline compensation amounts for injuries relating to RSI. Some examples of the figures given are as follows:

• RSI with complete recovery within weeks or months – £2,690 to £4,310
• RSI which presents with on-going symptoms – £18,180 to 19,940
• RSI which causes on-going disability and loss of employment – £26,740 to £28,220

In addition to the general damages, a successful RSI compensation claim will mean you may receive special damages. These are intended to reimburse you for any costs which you wouldn’t have incurred if it wasn’t for the RSI. Costs covered by special damages include, but aren’t limited to, the following:

• Expenses generated by the medical treatments you have needed and will need in the future because of your RSI
• Expenses generated by having to pay for care because of your RSI, since diagnosis and in the future
• Any earnings which you have lost because the RSI means you can’t work at all, have to change jobs, or can only work fewer hours than was previously the case
• Expenses generated through having to purchase any special aids or equipment needed because of your RSI. This might include mobility equipment such as crutches or a wheelchair, or equipment to enhance your ability to grip and hold objects.
• Expenses generated by having to make adjustments to your home or the vehicles you use on the basis of your RSI, such as fitting grab rails around your house or adapted controls in your car
• Any travel expenses generated as a result of your RSI, such as the cost of travelling to medical appointments
• Expenses generated by any physical therapy or counselling you require because of your RSI

What is the Time Limit for Filing RSI Compensation Claims?

Generally, the time-limit for personal injury or workplace accident claims of this kind is 3 years from the date of any accident. The RSI compensation claims time limit is slightly different, however, since an RSI is likely to develop over a period of time.

The gradual way in which RSI symptoms might emerge means that the 3 year time limit for RSI compensation claims is dated from the date upon which you receive your RSI diagnosis from a medical professional.

There are a few exceptions to the 3 year limit on RSI claim eligibility, such as the following:

• You were under 18 at the time of the diagnosis. If this is the case, then the 3 year limit will run from your 18th birthday to your 21st
• You were unable to make a claim during the three years in question due to being in some way ‘mentally incapacitated’
• The working conditions which caused the RSI happened overseas

Even though the 3 year limit is in place we would always recommend starting the RSI compensation claims process as quickly as possible after receiving your diagnosis. The sooner you claim, the sooner you’ll receive any compensation you might be entitled to, and can get on with your life.

A speedy claim also means that any witnesses we speak to, such as fellow employees, are likely to have the working conditions which could have contributed to your RSI fresh in their memories.

What’s the legal process for an RSI Claim?

The legal process for an RSI claim is complex enough to possibly deter many people from seeking the compensation they are entitled to. Working with the team at Wolferstans simplifies everything, however, as we break things down into manageable steps.

Step 1 – The first of these steps, once you’ve been diagnosed with an RSI, is to contact us for a free consultation. We’ll listen to the details of your RSI and the working conditions you feel caused it, and advise whether we think it sounds as if your employer has been negligent in some way.

If we think your RSI claim eligibility is strong enough we’ll set out the claims process and explain what the funding options are, including the fact that we pursue RSI compensation claims on a no win no fee basis.

Step 2 – We’ll send what is called a ‘letter of claim’ to your employer, informing them that you are pursuing an RSI compensation claim based on the fact that your RSI was caused by their failure to provide a safe working environment.

Step 3 – If your employer denies liability we will gather further evidence to support your claim. This will start with your diagnosis itself, and then a statement from you which sets out the following:

• The symptoms of your RSI
• The effect which RSI is having on your life – including your working life and any loss of amenity
• Details of the conditions in which you work, focussing particularly on those which caused your RSI

We’ll also pull together supporting evidence such as witness statements from any fellow employees able to confirm the working conditions which caused your RSI, and documentation from your workplace which covers the approach to matters like training, health and safety and employee well-being.

Step 4 – You’ll have an independent medical examination to provide evidence in support of your claim. As well as detailing the extent of your RSI and the prognosis for any recovery, this examination might establish a clear link between your working conditions and the RSI.

With your permission we’ll also access your medical records in order to establish that the RSI can’t be linked to any existing medical condition.

Your employer will pass this on to the insurers who provide their Employer’s Liability Insurance, something which every UK employer has to take out with cover of at least £5 million. The insurers will then deal with your claim.

Step 5 – We’ll use the information you have provided us with to calculate a figure for RSI compensation which we think would be fair. This will be made up of general damages and special damages:

General damages – a figure based on the recommended levels set out in the Judicial College Guidelines (JCG), our own experience of working on RSI compensation claims, and your account of the impact the RSI has had.

Special damages – an amount of compensation intended to ensure that you are left in the same financial position as you would have been if the RSI hadn’t happened. Any expenses which can be directly related to your RSI can be included in the calculation of special damages.

Step 6 – If your employer or their insurers admit liability for your RSI we will negotiate a compensation payment. We’ll explain whether any initial compensation offer is fair and should be accepted. If it isn’t we’ll carry on negotiating, presenting the evidence of how much compensation you are actually entitled to.

Step 7 – In some cases the RSI compensation claim will end up in court. This could happen if your employer denies liability or refuses to increase their compensation offer to a fair figure. If this happens we’ll carry on working by your side on your compensation claim, doing everything we can to secure the compensation you need to get your life back on track.

Am I Eligible to Make a Repetitive Strain Injury Claim?

You are eligible to make a repetitive strain injury claim as long as you meet the following basic criteria:

• Your employer owed you a duty of care in terms of workplace safety
• Your employer failed to meet that duty of care
• The RSI you’ve been diagnosed with is a result of your employer’s failure to provide a safe working environment

In terms of RSI claim eligibility the duties of your employer set out in the Health and Safety at Work Act 1974 include:

• Conducting regular risk assessments and making any changes needed to reduce the risk of RSIs
• Being open to changing working practices when needed
• Being willing to provide specialist equipment such as low-vibration tools and ergonomic keyboards
• Training employees on how to minimise the risk of RSIs

If you’re not entirely sure whether you are eligible to make a claim for RSI compensation please contact us to discuss the details of your case.

What Employment Sectors are Most at Risk from RSIs?

Certain employment sectors carry a greater risk of causing RSIs amongst employees, due to the repetitive nature of the tasks they involve. These include the following:

Construction work – The repeated use of power tools and constant lifting, hammering etc. are the factors which put a significant strain on employees

Office work – Poor ergonomic workplace design and repeated actions such as typing and mouse usage can cause RSIs in the neck, shoulder and wrist

Assembly line and factory work – Remaining in a fixed position at length while performing repetitive tasks and movements can lead to RSIs

Retail work – Repetitive activity such as scanning or bagging multiple items can cause RSI problems in the wrists and hands

Healthcare work – Carrying equipment, lifting patients and delivering repetitive procedures all carry an increased risk of RSIs

No matter what sector is involved, the factors which cause RSIs, and the issues which employers have a legal duty to minimise in the workplace include:

Repetitive movements – repeated motions over time without breaks can strain tendons, muscles and ligaments, causing pain, inflammation and limited mobility

Poor ergonomics and posture – poorly placed seating, desks and computers can lead to employees having to lean forward, slouch or work with poorly aligned wrists, contributing to strains and RSIs

Exertions – repeated forceful motions such as pushing, pulling or lifting without training in the proper technique can strain muscles and tendons

Immobility – sitting or standing in one position for prolonged periods can limit the blood flow to muscles, increasing the risk of discomfort and inflammation

Inadequate breaks – not being allowed to take breaks and stretch muscles can create cumulative stress on particular body parts, increasing the risk of RSIs

RSI Prevention: Employer Responsibilities and Workplace Ergonomics

Your employer has a duty to reduce the risk of RSIs, and a failure to do so could lead to successful RSI compensation claims. Amongst the RSI prevention measures an employee should carry out are the following:

• Risk assessments carried out with regard to work areas and work processes on a regular basis
• Employees consulted with to keep track of RSI risks which may be present in current working practices
• Training provided for specific activities which, if done incorrectly, are more likely to cause RSIs
• Support provided for any employees returning to work after an RSI
• Monitoring in place to ensure that if one employee develops an RSI, other employees performing the same or similar tasks will have any risks eliminated
• Ergonomic adjustments made to workstations
• Regular breaks built into the working day and employees taught the importance of stretching and movement during breaks
• Employees rotated across a range of tasks and jobs to reduce the strain of repetition

Treatment and Recovery for Repetitive Strain Injuries

RSI treatment and recovery is likely to be more effective if the symptoms are spotted as early as possible. The signs of RSI include the following:

• Pain and discomfort, particularly after repeated activity
• Reduced grip strength or weakness, especially after prolonged activity
• Numbness or tingling in the affected area
• Inflamed and swollen joints and/or tendons
• Limited motion which makes routine activities difficult

If you spot symptoms such as these you should seek medical advice and adjust the working practices which may be making them worse.

The treatment options for RSIs

A range of treatment options is available for RSIs and, combined with adjustments to your working environment, they can impact positively on the recovery process. The treatment offered by medical professionals will vary, depending upon the type and severity of the RSI you’ve suffered.

Medical interventions for your RSI could include the following:

• Physical therapy – exercises can strengthen your muscles and improve flexibility in order to reduce RSI symptoms
• Medication – anti-inflammatory drugs can reduce the pain and inflammation of your RSI
• Steroids – in more severe cases steroids injected into the affected area could be used to reduce inflammation
• Surgery – chronic cases of RSI which don’t respond to other treatments may require surgical intervention. This is more likely with a condition like carpal tunnel syndrome.

Self-care and adjustments to your working environment could also help in the management of your RSI. Tips which might make a difference include the following:

• Rest – allow the affected area to recover by limiting the repetitive tasks carried out
• Ice – applying ice to the area affected by your RSI can reduce the inflammation
• Exercises – exercise could improve the muscle strength around the affected joints to reduce the strain of tasks