R.S.I. – Repetitive Strain Injuries

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    With no win no fee agreements (also known as a Conditional Fee Arrangements, or CFAs), there are no upfront legal fees, which means anyone who has been involved in an accident that wasn’t their fault can gain access to justice without any financial risk. Your solicitor only gets a fee if your claim is successful. If your claim isn't successful, you won’t pay your solicitor any legal fees.

    If your case is successful, typically you will pay 25% (including VAT) of your compensation to your solicitor, although they will discuss any fees before starting your case. To ensure your claim is risk free, your solicitor may take out an insurance policy on your behalf. If you terminate the agreement, you may have to pay fees for the time already spent on your claim, or due to: lack of cooperation, misleading your solicitor, missing medical or expert examinations, or not attending court hearings.

    There are some instances where you are not required to use the services of a claims management company, and are able to claim yourself, for free, directly via the relevant ombudsman/compensation scheme. These include:

    - Criminal injuries: The Criminal Injury Compensation Authority (England, Wales, and Scotland) or the Criminal Injury Compensation Scheme (Northern Ireland)

    - Minor road accidents: The Official Injury Claim Portal

    - Accidents involving uninsured drivers: The Motor Insurers' Bureau

    Repetitive Strain Injury (RSI)

    According to statistics from RSI Awareness, Repetitive Strain Injury is a growing problem with around half a million people in the UK alone suffering some type of RSI each year, and actually many of these cases could have been prevented.

    Repetitive Strain Injury is actually a group of disorders which affect the muscles, tendons and nerves. RSI includes musculo-skeletal disorders like tendonitis, carpal tunnel syndrome and tenosynovitis which can be painful and debilitating. RSI commonly affects the neck, forearms, elbows, wrists and hands, and is caused by a person using a particular part of the body to do repetitive movements, like writing or typing. However, RSI can also be caused by tasks that require the use of vibrating equipment and manual work that involves twisting or repetitive movements.

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    Getting RSI compensation if you are injured at work

    If you are suffering from RSI as a result of your work, you may be eligible to start a no win no fee personal injury claim. Unlike other types of accidents at work, RSI is not caused by one single event, but repetitive movements over a period of time which then cause damage to the body, but it is still a work accident or an industrial disorder if it has been caused by your employer’s negligence. You should be able to claim compensation if you can prove that:-

    • Your employer was aware (or should have been aware) of the risk to you of RSI.
    • Your employer did not take the appropriate measures to reduce or eliminate the risk of RSI.
    • Your RSI was caused, in some way, by duties and tasks that your employer required you to carry out and that your employer did not protect you by taking reasonable steps to reduce the risk of RSI.
    • You reported your symptoms and your employer did not make changes to your working environment or change your work duties.

    For example, it may be that your RSI has been caused by using badly designed equipment, working at a workstation that is badly organised, inadequate breaks or rest intervals, or being forced to work in a static position or with an awkward posture. If your RSI was caused by these types of situations, your employer could be seen as negligent because they are failing in their duty to keep you safe.

    RSI can be a painful condition and can have long term effects. Common symptoms include throbbing, tingling, pain or swelling in the affected area, but RSI can also cause ganglions (like cysts), carpal tunnel syndrome, inflammation of joints, inflammation of tendons and also damage to nerves. It is essential that it is diagnosed as quickly as possible so that treatment can begin. Effective treatment includes stopping what is causing the RSI, making changes to the way you work, taking anti-inflammatories, using steroid injections and undergoing therapies like physiotherapy and complementary therapies.

    Start your RSI claim

    If you think that your employer has been negligent in either causing your RSI or exacerbating the condition, you should seek the advice of personal injury solicitors who can help you with your personal injury claim. A specialist personal injury lawyer will advise you on the likelihood of success and build a case on your behalf. A no win no fee agreement (conditional agreement) takes the risk out of making a compensation claim because you pay nothing if you lose the case. Compensation won’t take your pain away but it will pay your medical bills, allow you to have medical treatment that might otherwise have been out of reach and make up for any lost earnings or potential earnings if your RSI has stopped you working.

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