Repetitive Strain Injury Claim in Cumbria
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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.
What is Repetitive Strain Injury?
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.
I have pain in my wrists. Can I claim for repetitive strain injury?
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.
Personal Injury Law in Cumbria
What rights do I have under personal injury law?
If you have suffered an injury which wasn’t mainly your fault, the law says you are entitled to compensation for pain, suffering and loss of amenity. You may also gain compensation for loss of earnings and additional expense incurred due to the injury.
Who does the law say is responsible if I suffer personal injury?
Personal injury law has established a duty of care on the part of people, companies and organisations to ensure they do everything reasonably possible to avoid causing injury to others. As examples, if land owners allows the public access to their property, they should ensure that walkways are adequately maintained. Shopkeepers should keep aisles clear of objects shoppers might trip over, and clean up spillages promptly to prevent slips. When playing sports, the law expects people to behave responsibly and not inflict injury on others. There is also specific employment law which lays down the duties of employers to minimise the risk of personal injury.
What is the basis for a personal injury law claim?
If your injury claim is to succeed, the law says you must be able to prove “on the balance of probabilities” that your injury is due to negligence by another party. Note that this does not necessarily mean that you have to be entirely fault-free; you need only demonstrate that the other party is more than 50% responsible for your injury. If you can do this, you may then be able to win compensation under the law.
How much compensation can I win under personal injury law?
Amounts are determined by legal decision on a case by case basis. In England and Wales, Judges have issued broad guideline figures for different types and degree of injury, laid down in the Judicial Studies Board Guidelines. This has been built up from case law in personal injury claims. Information is given on this site under individual types of injury.