Repetitive Strain Injury Claims
Sometimes you can develop an injury or condition over a period of time due to repetitive motions whilst at work. Repetitive Strain Injury is really a blanket name that is used to describe many different types of soft tissue injuries including Carpal Tunnel Syndrome and Tendinitis. JS Miller Solicitors are specialists in dealing with all types of repetitive strain injury claims, call us today for some free independent advice.
Proving that you should succeed in a claim is often a complex and difficult process. Many solicitors will not want to assist in a case involving a repetitive strain injury due to hurdles with time limits and proving the cause of the injury. If you want a team of specialists in RSI claims to be behind you with your claim, you will be asked to provide quite extensive information about your working history. If you want to get in touch to see what is involved in pursuing a claim please call us for a chat about this.
However, if you know you want to pursue your claim, it helps us if you can compile the basic information below before getting in touch. We will take this information from you over the phone or face to face and don’t expect you to do our work for us.:
1. Your work history (Exact dates where possible.)
Your work history from when you left school to present day. The other jobs you have done may be relevant to what symptoms you are suffering from now even if your other jobs were from decades ago.
2. Details of specific tasks that were repetitive and caused your symptoms.
We will need details of all of the jobs you did that you believe caused you to suffer injuries. It is important to remember that details of the job you do or did may need to be explained to a judge, although very few cases end up in court. Remember, a judge may never have performed a job like yours so we will want to break down the description into great detail.
3. Photos or a diagram
If you still work at the place where your injuries were suffered it helps if you are able to take photographs of machinery or equipment that you think is/are relevant to your case. If you are reluctant or unable to take photos, a diagram of sorts could be very useful.
4. Machinery Details
Please have details of the machinery you used to use to include dimension and weight, especially if your injuries are from lifting equipment.
5. Training Information
Record what training you received at work. Ideally we will want to know what training you received, who provided it and when.
6. Gather witnesses’ contact details.
We understand that many people may be reluctant to give a statement, especially if they are still employed by the company you are likely to be suing. You should still take their details as we should be able to reassure witnesses that a person’s job security should not be compromised by a health and safety issue and if it is, there would be the possibility of redress through the employment tribunal. Anyone who can corroborate your account of working conditions/practices will assist in proving your case.
Your employers should perform regular “risk assessments” which cover the daily routine you are expected to perform and if they do perform such risk assessments, they should realize the risks of injury your job is exposing to you and do something about it. However, you are still expected to raise complaints, especially if what you are expected to do is causing you pain or injury. We will need to take details of who you complained to and when and what response you received.
8. Date of Knowledge
Most symptoms of repetitive strain injuries build up over time. It is essential that we take as precise a date as possible from you concerning when you first made a connection between your symptoms and your work. This could be when you first visited your doctor or a physiotherapist about your symptoms or even before then. Precise details about the date you first realized you had a problem caused by your working conditions will be very helpful to us if you choose to get in touch.
Carpal Tunnel Syndrome
Carpal Tunnel Syndrome is the result of a pinched nerve in one or both of the wrists. When this nerve is pinched, it inhibits the brain’s ability to send and receive messages to and from the muscles and other tissues of the hand and wrist.
In Carpal Tunnel Syndrome, more often than not the nerve that is affected is the median nerve. The median nerve is compressed at the point at which it passes through the wrist. Because of the compression, the nerve does not function properly, thus causing the condition known as Carpal Tunnel Syndrome.
The condition is also known as Repetitive Strain Injury (RSI). Repetitive Strain Injury is really a blanket name that is used to describe many different types of soft tissue injuries including Carpal Tunnel Syndrome and Tendinitis.
In most cases Repetitive Strain Injury is brought on by a combination of the following:
- Bad Ergonomics
- Poor posture
- Repetitive Motion
- Typing Injury
Back Strain Injuries can also be classed as an RSI particularly if the injury has been caused or aggravated by repetitive lifting or bending whilst at work. The most common incidence of this involves nurses and care assistants who frequently have to lift their patients in the course of their work. They rarely suffer an “accident” on a specific day but experience a gradual onset of symptoms This can make it harder to prove that the cause of the injury is work related.
Jeanette Miller succeeded in a case which resulted in our client recovering £39,000.00 where our client was an employee for a Nursing Home. She had worked for them since 1998. During the course of her employment she was required to carry out tasks which involved manual handling.
In particular she was required to lift heavy patients without manual and/or mechanical assistance. The unsafe lifting practices over the 14 years of her employment led to our client complaining of back pain. She was referred to a Consultant Orthopaedic Surgeon by her GP in 2000 and in June 2000 underwent an MRI Scan which revealed that she had slipped 3 discs in her spine. She was advised to cease working and had not worked since the date of the results of the scan.
The client came to this firm having been turned down by other solicitors who said she was outside of the time period in which she could bring a claim. We saw things differently and after sending a four page letter to the client’s employers setting out all of our allegations, their insurers admitted responsibility for her condition.
So, What’s Next?
We have a team of caring professional personal injury solicitors ready to speak to you.
Most cases can be conducted entirely online and over the phone. We can also arrange office, home or hospital visits for clients all over the UK. Subject to level of injury suffered.