Repetitive Strain Injury (RSI) Claims
Repetitive strain injuries are usually soft tissue injuries and can occur as a result of repetitive and strenuous activity in the workplace. Employers have a duty of care to their employers to make sure appropriate safety measures are in place to protect their workers from developing such injuries. When employers breach this duty causing injury to employees, this can be negligence and you may be entitled to make a claim for compensation.
At P.A Duffy & Co Solicitors, we represent individuals in RSI claims cases in Ireland and Northern Ireland. Our personal injury team are experienced, understanding and sympathetic and will work tirelessly on your behalf to secure the compensation you are owed for what has happened.
There are a range of repetitive strain injuries, most common:
Vibration white finger
Hand arm vibration syndrome
Carpal tunnel syndrome
What is the process for bringing an occupational repetitive strain injury claim?
The claims process can vary but will generally adopt the following format:
Initial Consultation – When you arrange an appointment with one of our personal injury solicitors, they will meet you and take your instructions in relation to the injury you have sustained. You will be asked to provide details about your employer, the type of work you carried out, how long you worked there, what negligence is alleged and the date when a medical professional linked the injury to your occupation.
Letter of Claim – Your solicitor will then send a letter of claim to the at fault employer setting out detailed allegations of negligence. The third-party employer is then obligated to pass this on to their insurance company, who will deal with the matter from that point onwards.
Engineers report – An expert engineer’s report may be required depending on the nature of the case. If it is alleged that an unsafe system of work or an unsafe working environment is in place, then an expert opinion may be required to examine the work area and provide a report.
Medical Evidence – If you have been to your GP or the hospital in respect of your injuries, we will obtain these notes and arrange for you to be examined by a specialist medical Consultant who will provide a report on whether your injury was caused by your occupation. The medical report in repetitive strain injury claims is very important as injuries of this nature are accumulative and it is important that the medical expert finds that the injury was caused by your work in order to make a successful claim.
Decision on Liability – The third-party insurance company will have three months from the date our initial letter of claim is sent to complete their investigations and provide a decision on liability. If liability is admitted, then medical evidence will be provided to the insurance company and both parties will enter into settlement negotiations.
Court Proceedings – If liability is denied your solicitor will consult with you and discuss issuing Court proceedings to try and recover damages. When Court proceedings are issued your solicitor will instruct a specialist barrister to help prepare your case for Hearing. Court proceedings can also be issued in a case where liability has been admitted if we feel the compensation being offered by the insurance company is not sufficient. Our expert solicitors will advise clients on their options, but the final decision will always be made by the client and we will ensure that their wishes are carried out.
What will I receive compensation for in a Repetitive strain injury claim?
Compensation can be awarded for a range of issues, including:
Pain and suffering
Reduction in quality of life, or being unable to enjoy normal activities
Financial losses, such as loss of earnings
Long-term care, for example, if your child will need help throughout his or her life
How much RSI compensation will I receive for myself?
In a repetitive strain injury (RSI) claim, compensation is sought for injuries and losses resulting from the development of an RSI due to repetitive movements or tasks in the workplace or other activities. The specific compensation you may receive can vary depending on the circumstances of the case, the severity of the RSI, and the liability of the parties involved.
If you speak to us about your case, we will be able to give you an initial idea of the range of compensation that is generally awarded for the type of injury you have sustained.
How can I finance a RSI compensation claim?
We offer a range of options. These include:
Legal expenses cover
After the Event insurance (ATE insurance)
We will be happy to discuss funding with you to find the best option for your circumstances.
What is the time limit for bringing a RSI compensation claim?
When bringing a claim for occupational repetitive strain injury you should seek legal advice as soon as possible. It is often the case that potential claimants delay the process too long and are then unable to bring a claim due to limitation issues.
The Statute of Limitations allows three years (NI) or two years (ROI) from the ‘date of knowledge’ for claimants to make a claim for compensation. The ‘date of knowledge’ is the date when your injury was directly linked to your occupation by a medical professional.
Get in Touch
Speak to us with No Obligation
Contact Our Solicitors
Please fill out the simple form below and we will contact you as soon as possible
Our Personal Injury Solicitors
Latest News & Articles
Chilling Impact of Strikes on Road Safety
Amidst a potentially lethal combination of frost & a Road Gritting Strike, drivers should take as many precautions as possible to avoid collisions.
Accidents Abroad- What is the legal remedy?
While on holiday you are owed a legal duty of care. If an accident or injury occurs while you are abroad, depending on how you booked...
Personal Injury Onboard An Aircraft
Flying may be one of the safest forms of transport but when an accident takes place onboard an aircraft, it can cause a great deal...
Non-Fault Car Accident: Your Right to Choose a Solicitor
Being involved in a road traffic accident or any other type of accident can be a distressing experience, particularly if you have...
Personal Injury: Onus on the Employer. What is Vicarious Liability?
A rule of law that imposes automatic liability on employers for the wrongdoings and misconduct of their employees. It is...
Can I apply for compensation if I have been injured by an uninsured or untraced driver?
If you are involved in a road traffic accident that is not your fault it is the responsibility of the at-fault insurance...