RSI Repetitive Strain Injury Claim

Introduction

Repetitive Strain Injury (RSI) is a general term for pain and discomfort caused by repetitive movements or awkward postures. It can affect various parts of the body, commonly the hands, wrists, arms, neck, and shoulders. If your RSI stems from your work activities, you may be eligible to make a claim for compensation in the UK. This article will guide you through the process of claiming compensation for a work-related RSI.

Eligibility Criteria

To be eligible for an RSI claim in the UK, you must meet the following criteria:

• You must have a diagnosed RSI by a medical professional.
• The RSI must be linked to your work activities. This means you need to show a clear connection between the repetitive tasks you perform at work and the development of your RSI.
• Your employer must have failed in their duty of care towards your health and safety. This could involve not providing adequate training on proper posture, not offering breaks to prevent repetitive strain, or failing to provide ergonomic equipment.

Gathering Evidence for RSI Claim

Building a strong case for your RSI claim requires gathering evidence. Here's what you can do:

• Medical records: Collect all medical records related to your RSI diagnosis, including doctor's reports, test results, and physiotherapy notes.
• Workplace documentation: Obtain copies of your job description, risk assessments conducted by your employer, and any internal policies related to ergonomics and repetitive strain injuries.
• Accident reports: If you reported your RSI to your employer, obtain a copy of the report.
• Witness statements: If colleagues can confirm the repetitive nature of your work tasks or the lack of preventative measures by the employer, gather their written statements.

Claiming Compensation for RSI

There are two main ways to claim compensation for an RSI:

• Negotiating with your employer: You can try to settle the claim directly with your employer's insurance company.
• Making a claim through a solicitor: A personal injury solicitor specializing in RSI claims can represent you and handle negotiations with the insurer. They will work to secure the maximum compensation you deserve.

Compensation Amounts for RSI Claims

The amount of compensation you receive for your RSI claim depends on the severity of your injury and its impact on your life. Compensation can cover:

• Loss of earnings: This includes past and future income you may lose due to your RSI.
• Medical expenses: Compensation can cover costs associated with treatment, medication, and ongoing physiotherapy.
• Pain and suffering: You may be compensated for the physical and emotional distress caused by your RSI.

The Representation of RSI Claims

A personal injury solicitor specializing in RSI claims can significantly increase your chances of receiving fair compensation. They can:

• Assess the strength of your claim.
• Gather and analyze evidence.
• Deal with the insurance company on your behalf.
• Negotiate a settlement or represent you in court if necessary.

Process Steps to Get an RSI Claim

Here's a simplified breakdown of the process:

1. Seek medical attention: Get a diagnosis for your RSI.
2. Gather evidence: Collect documents and witness statements.
3. Contact a solicitor: Discuss your case and decide if legal representation is needed.
4. Submit your claim: Your solicitor will handle submitting the claim to the employer's insurance company.
5. Negotiation or litigation: Your solicitor will negotiate a settlement or represent you in court if necessary.
6. Receiving compensation: If successful, you will receive the agreed-upon compensation amount.

Benefits of Making an RSI Claim

Making an RSI claim can offer several benefits:

• Financial compensation: You can recover the financial losses caused by your injury.
• Medical treatment: Compensation can help cover the costs of treatment and rehabilitation.
• Accountability for your employer: Holding your employer accountable for their negligence can encourage them to implement better preventative measures.
• Closure and moving forward: Resolving your claim can provide a sense of closure and allow you to focus on recovery.

Conclusion

An RSI can significantly impact your life. If your work activities caused your RSI, you have the right to claim compensation in the UK. By understanding the eligibility criteria, gathering evidence, and potentially seeking legal representation, you can increase your chances of a successful claim.

Disclaimer

This article is intended for informational purposes only and should not be construed as legal advice. While this information can be a helpful starting point, every RSI claim is unique. To ensure you understand your rights and maximize your chances of success, it's strongly recommended to consult with a qualified personal injury solicitor specializing in RSI claims. They can assess your specific situation, advise you on the best course of action, and represent you throughout the claim process.

FAQs

1. What are the common causes of work-related RSI?

Many repetitive tasks can cause RSI, such as:

• Typing on a keyboard for extended periods
• Using a mouse for long hours
• Working on assembly lines
• Manual labor involving forceful movements

2. How long do I have to make an RSI claim?

In the UK, the general rule is that you have three years from the date you knew or ought to have known about your injury to make a claim. However, it's best to consult a solicitor as soon as possible to ensure you don't miss any deadlines.

3. Can I claim compensation for a pre-existing RSI worsened by work?

Yes, you can potentially claim if your work activities significantly aggravated a pre-existing RSI. You'll need to demonstrate a clear connection between your work and the worsening of your symptoms.

4. How much does it cost to make an RSI claim?

Many personal injury solicitors offer a "No Win, No Fee" agreement for RSI claims. This means you won't pay any upfront fees, and they only get paid if your claim is successful.

5. What happens if my employer denies my RSI claim?

If your employer denies your claim, a solicitor can help you fight the decision. They can negotiate with the insurance company or take your case to court if necessary.