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Repetitive Strain Injury Claims

If you’re suffering from a repetitive strain injury that’s occurred at work through no fault of your own, then it’s likely that you’ll be thinking about making an RSI claim for compensation. Thankfully, that’s where our team of legal experts at Smith Jones solicitors can help – and because we only specialise in personal injury law, it’s exactly what we do best.

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Repetitive Strain Injury at Work: What Is My Employer’s Duty of Care?

Regardless of industry type, all employers across the UK owe their employees a standard duty of care and this is more specifically covered by the Health and Safety at Work Act 1974. If you believe that you’re suffering from repetitive strain injury due to your working conditions then it’s important you tell your employer as soon as possible and there are several key reasons for this:

 

  • Firstly, your employer has a legal duty to make any reasonable adjustments that might be necessary in order to alleviate the problem (such as adjustments to your workstation or by allowing you to take sufficient breaks).
  • Secondly, they should also report your injury through their company’s health and safety procedure – for example, by reporting your injury in their accident book and then ensuring that you receive appropriate medical treatment and advice.

 

 

What are the Symptoms of Repetitive Strain Injury?

According to the NHS website, repetitive strain injury can be described as a “…general term used to describe pain felt in muscles, nerves and tendons caused by repetitive movement and overuse.”

 

Of course (and as with any other injury type) symptoms tend to vary between each individual, although the most likely signs to look out for with repetitive strain injury (or “RSI”) are general aches and pains, stiffness, tingling, numbness and cramp-like sensations in either the forearms, elbows, wrists and hands.  That said, repetitive strain injury can also affect the neck and shoulders too so if you’re in any doubt whatsoever then it’s certainly advisable to seek medical advice as soon as possible.  Unfortunately, if left untreated, symptoms of RSI can quickly lead to localised swelling which could then remain for weeks or even months. For more info on the symptoms & dealing with RSI visit RSI Action.

 

 

Starting Your RSI Claim

If you are are suffering from a repetitive strain injury because of your work conditions, and you wish to explore whether or not you are eligible to make an RSI claim, then the next step you need to take is to contact our experts. You may even be entitled to make a no win no fee claim, so call us on 0800 195 95 90 to find out more.

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RSI Claims – FAQ’s

What Can Cause RSI?

Whilst repetitive strain injury can be evident in almost any industry – and as the name suggests – this particular type of injury is usually brought on through repetitive activities, such as typing, keyboard work or repetitive manual labour (such as working on a factory assembly line).  It can also be caused due to poor posture at workstations or continued use of a computer mouse (primarily due to the continual clicking motion).  This is why it’s so important to report any symptoms of RSI to your employer as soon as possible.  The sooner they know about it, the sooner they should be able to help you.

 

 

What Evidence Do I Need to Make a Claim?

As with any other type of legal claim, the more evidence you can provide us with, the better!  In fact, it’s always better to give us too much information as opposed to too little!

 

When you get in touch with us to discuss your intended claim we’ll ask you for full details about your case including a few basic details.  If, for example, you’re looking to take a claim against your employer for repetitive strain injury, then we’ll need your employer’s name and address, your own personal details and some more information about the type of work you do (for example, your job role, the amount of time you’ve been employed and when you first made your employer aware of your potential injury).  It’s therefore advisable to have as much information as you can to hand when you call us but, of course, if there’s anything further we need from you then we’ll certainly let you know.

 

Additional information might, for example, include details of your local GP or any other medical professional you might have consulted about your injury and we’ll naturally need to obtain your consent to contact anyone relevant to your claim so that we can collect as much evidence as possible on your behalf.

 

 

What are Typical Compensation Payouts for Repetitive Strain Injury?

Unfortunately, it’s almost impossible to say how much compensation you might receive for your repetitive strain injury since no two cases are ever the same.

 

That said, we do rely on a commonly accepted publication which is widely accepted across both the medical and legal professions.  This is known as the ‘Guidelines for the Assessment of General Damages in Personal Injury Cases’ (Fourteenth Edition (2017)) and is produced by the Judicial College.  This publication provides anyone who might be involved in your claim with general ballpark figures for the level of injury you might have sustained and also takes into account any recovery or rehabilitation period etc.

 

You can also use our online claims calculator where you’ll be able to see some of the typical examples of the compensation amounts we’ve secured for some of our clients.  This can be accessed by clicking here: https://smithjonessolicitors.co.uk/claims-calculator/

 

In addition to the actual injury itself, (which you’ll probably hear referred to as ‘general damages’ throughout your claim), you’ll also be able to claim any other financial losses you might sustain as a result of your injury such as loss of earnings, prescription charges and any other out-of-pocket expenses (such as parking fees etc.)  As you might expect, these are much easier to quantify than the injury itself since your receipts will prove the actual financial loss you might have sustained.

 

That said, we’ll also be able to give you advice on any specific opportunities you might miss out on as a direct result of your injury – for example, any promotions you might miss as a result of being off work or any roles which you might no longer be suitable for due to the nature of your injury.  Unfortunately, more serious examples of RSI can necessitate physiotherapy, steroid injections and even surgery, particularly if you’re diagnosed with carpal tunnel syndrome or Dupuytren’s contracture.

 

 

How Long Will My Compensation Claim Take?

Again, there’s no easy answer to this question since much will depend on the severity of your injury and any rehabilitation period you might need.

 

If medical experts consider that your symptoms might be long-lasting in their nature then it’s likely that they’ll request a further review some weeks (or even months) down the line.  Should that occur then we’ll never advise you to settle until the full extent of your symptoms are known; nor will we advise you to accept a lower amount than we believe you’re entitled to.

 

Fortunately the vast majority of compensation claims are settled without the necessity of attending Court and we can very often negotiate a good settlement with the other party (or their insurers) to ensure you’re financially provided for.

 

Above all else, we’ll never do anything you don’t want us to do and we’ll always consult with you every single step of the way, putting you in full control of your claim, albeit without having the stress of having to deal with associated third parties.  Ultimately this means that you can concentrate on what’s most important – and that’s getting yourself back on the road to recovery without having to worry.

 

 

Making a Claim

Unfortunately, not all employers take repetitive strain injury with the seriousness it deserves and this ultimately means that you might well find yourself having to make a claim for compensation. Consequently, if you’ve not been able to alleviate your symptoms through regular medication such as anti-inflammatory painkillers, wrist support or other means suggested by your GP or medical professional then we’d certainly advise you to get in touch with us as soon as possible.

 

Making a claim for compensation through Smith Jones solicitors is really easy and we’re here to help you every step of the way. You can get in touch with us by either contacting our Freephone number, 0800 195 95 90, by completing our online enquiry form or even by speaking to one of our chat advisors; who can easily be accessed through the website.

 

Once you get in touch with us we’ll take all the information that we need from you in order to get your claim started and will advise you of the next steps you’ll need to take to ensure your claim for compensation goes as smoothly as possible.

 

You might be interested to know that RSI claims can also be conducted on a ‘no win, no fee’ basis.  This means that you can start your claim without having to pay us any legal fees upfront.  This arrangement is often referred to as a ‘conditional fee arrangement’ and you’ll only have to pay our success fee if your claim is successful.  There are two key benefits to working with us in this way.

 

Firstly, of course, you don’t have to pay us anything for our time or advice and secondly, we’ll only ever take cases which we believe will be successful.  After all, if we’re not able to secure your compensation then we won’t get paid either!  This therefore puts us at a distinct advantage over the average high street lawyer who will charge an hourly rate and consequently not be concerned about the ultimate outcome of your claim.