

Van drivers, loaders and ladder users are not the only employees who can suffer from industrial illnesses. Prolonged work at a keyboard can cause severe hand and wrist problems if posture and working conditions are not carefully considered. Repetitive strain injury, or RSI can be the result.
RSI involves damage to the muscles, nerves and tendons of the hands, arms and neck. Frequently repeated movements over long periods can cause inflammation and a build-up of metabolic waste products in the muscles. Over the long term, this can cause conditions such as carpal tunnel syndrome, tendonitis and bursitis. Symptoms can include pain anywhere in the hands and arms, tightness, soreness, tingling and loss of strength. The effects can be so severe as to leave the sufferer unable to work.
RSI is notoriously difficult to diagnose definitively. A number of conditions causing pain or weakness in the arms can arise spontaneously or as the result of other conditions. To claim successfully for repetitive strain injury, you must be able to show a correlation with particular work conditions and that medical records support the view that RSI developed as a result. Have other employees doing the same job developed RSI at the same time? Did working conditions change shortly before RSI seemed to arise? Detailed records will be required to show that the problem is in fact due to work-related repetitive strain injury, and not a coincidental condition arising independently.
In the first instance, check that your lawyer’s firm includes lawyers who are accredited members of the two principle legal bodies in this field; the Association of Personal Injury Lawyers (APIC) and the Law Society’s personal injury panel. You should also ask if they have lawyers who belong to associations for the specific injury your claim is about – for example the Spinal Injuries Association or the Headway Panel.
You should also ask your lawyer about their record in personal injury claims. Can they give you any case histories of successful claims similar to yours?
With the exception of medical negligence, legal aid is generally no longer available for personal injury claims. This means you will have to agree payment with the lawyer yourself. Fortunately, lawyers are able to act on a Conditional Fee (“No Win, No Fee”) basis. This means your lawyer bears the cost of the claim until you have been awarded compensation. Depending on the type of agreement you have, your lawyer will then either claim his fees from your opponent, or take a percentage of your compensation as a “success fee”.
Before agreeing to work on a conditional fee basis, a competent personal injury lawyer will assess the merits of the claim. If you and your lawyer decide to proceed you may have to take out an insurance policy to cover both your and your opponent’s lawyers’ fees in the event that you lose your claim.