Repetitive Strain Injuries – Making a Claim for Compensation
Employers have a duty of care to their employees to ensure they are not exposed to danger in the workplace. Sometimes employers fail to adequately protect their employees from occupational hazards and in doing so have breached their duty of care.
In some instances, employers have an unsafe system of work in place which, over an extended period of time, can cause their employees to sustain repetitive strain injuries. Repetitive strain injuries are usually soft tissue injuries which are the result of repetitive strenuous activity. Common exercises that may bring about such an injury include heavy lifting, using vibrating tools, operating machinery and working on production lines.
Carpal Tunnel Syndrome, Hand arm vibration syndrome, ulnar neuropathy and vibration white finger are some of the repetitive strain injuries that we have come across when dealing with these types of claims. These issues often develop over a prolonged period of time and are very difficult to treat.
If you have sustained a repetitive strain injury and you believe this is linked to work you may be entitled to make a claim for compensation. Once a medical professional links your injury to your employment you must bring a claim within 3 years. It is advisable to seek legal advice as soon as you find out that your injury is work related. At PA Duffy and Company our expert solicitors will help to identify whether or not your employer discharged their duty of care to you and whether they acted negligently. Negligence and breach of duty from employers can take many forms but most commonly they relate to failure to provide regular breaks from strenuous work, shift rotation and appropriate training and equipment.
Our Personal Injury team are vastly experienced in dealing with complaints of this nature and can help you to recover compensation for your injuries. We will make a claim for general damages in respect of the pain and suffering caused by your injury. We will also assess whether you can make a claim for special damages. This will include loss of wages and medical expenses. Your injury may have restricted your access to the labour market and your potential for career progression. If this is the case this will form part of our claim and we will help to get you the compensation you deserve.
Our experienced solicitors understand the stress involved in bringing a claim against your employer, particularly if you are still employed by them. We will talk you through the legal jargon and make the process as simple and pain free as possible for you. We will liaise with your employers insurance company and if liability is accepted we will negotiate a settlement fee that is agreeable to you. If liability is denied, we will assess the merits of the case and take your instructions before going through the courts. If you have sustained a work related repetitive strain injury the first step is to contact us to arrange your initial consultation.