Repetitive strain injury claims

Mark Reynolds Solicitors can assess whether you have a repetitive strain injury claim where your employer’s negligence may have caused or worsened your condition. We consider your working practices, medical evidence and resulting losses, then explain whether there is a reasonable basis for pursuing compensation.

A successful claim normally requires evidence that your employer owed you a duty of care, failed to meet that duty and caused you injury as a result. Repetitive work alone does not prove negligence, and an RSI diagnosis does not automatically establish that your employer is responsible.

For example, relevant circumstances might include sustained repetitive tasks without suitable recovery periods, unsuitable tools or reports of pain that were not properly addressed.

You can ask for advice even if you continued working or had symptoms before starting your current role. Where an existing condition has been aggravated, the investigation must distinguish the additional harm caused by work from symptoms that would have occurred anyway. Explain your full medical and employment history during your consultation.

Our team can assess enquiries involving persistent pain or diagnosed conditions affecting the hands, wrists, arms, elbows and shoulders where repetitive work may be responsible. Relevant conditions can include tendonitis, tenosynovitis and carpal tunnel syndrome, although each requires medical assessment and evidence connecting the injury with work.

RSI is a broad description rather than a single diagnosis. Symptoms may include aching, stiffness, weakness, tingling, numbness or swelling. They often develop gradually and can have several contributing causes, including factors outside employment.

Tell us whether your symptoms change during particular tasks, improve away from work or return when you resume your duties. These details may help the investigation, but they do not replace medical evidence.

You do not need to wait for a final diagnosis before making an initial enquiry. However, medical evidence will be needed to establish the injury and assess its relationship with your work.

If your symptoms persist or worsen, seek advice from your GP. Getting appropriate medical attention should take priority over gathering documents for a claim.

We investigate whether your employer knew, or should reasonably have known, that your work presented a risk of injury and failed to take reasonable precautions. We then assess whether that failure caused or materially contributed to your condition, using evidence about your duties and medical history.

The investigation may consider the speed and repetition of movements, forceful gripping, awkward positions, workload and opportunities to change tasks. Risk assessments, training records and responses to reported symptoms can help show whether precautions were adequate.

HSE guidance identifies repetition, force, awkward posture and insufficient recovery time as relevant risks. However, the precautions required depend on the work and the individual circumstances.

Office and home working can also require investigation. For employees covered by display screen equipment requirements, employers must assess workstations and reduce identified risks. Providing a chair or completing a checklist does not, by itself, establish that every relevant risk was addressed. Equally, discomfort while using a computer does not automatically prove negligence.

We examine what happened in practice rather than relying solely on written policies.

You can pursue a repetitive strain injury claim while remaining employed, provided the evidence supports employer negligence and the connection with your injury. You do not have to resign or take sickness absence to qualify. Mark Reynolds Solicitors can explain how the injury claim would proceed.

A claim is made against the legally responsible employer. Where applicable insurance responds, the employer’s liability insurer normally handles the claim and pays compensation under the policy. Your employer will usually be involved in providing information about your work.

We understand that maintaining your working relationship may be a concern. No solicitor can guarantee how an employer will react. If you experience threats, dismissal or other adverse treatment, obtain prompt advice about your employment rights, as separate rules and deadlines may apply.

You may also be able to claim against a former employer. Leaving a job does not automatically prevent a claim or restart the limitation period.

Tell us about previous roles involving similar tasks, because more than 1 period of employment may need to be investigated.

Bring any available medical information, details of your duties and records showing when you reported symptoms or requested changes. Mark Reynolds Solicitors can explain what further evidence may be needed. You do not have to obtain your employer’s complete records before asking us to assess your position.

Useful documents may include:

• Medical Letters And Occupational Health Reports
• Emails Reporting Pain Or Requesting Adjustments
• Job Descriptions And Shift Records
• Photographs Of Your Workstation Or Tools
• Payslips Showing Reduced Earnings
• Receipts For Treatment And Travel

A short timeline can also help. Record when you started the relevant work, when symptoms appeared, when you sought medical advice and what happened after you informed your employer.

Describe the tasks accurately, including their frequency and duration. Keep details of colleagues who witnessed your working conditions or heard you raise concerns.

An independent medical report may be required to address diagnosis, causation and prognosis. Your existing records provide important background. Keep relevant material you lawfully hold and ask us about obtaining anything you cannot access.

The value of repetitive strain injury claims depends on the severity and duration of the injury, its effect on everyday life and the financial losses it causes. Our solicitors assess these elements using medical and supporting evidence rather than promising a fixed amount before investigating.

Compensation for pain, suffering and loss of enjoyment of life is known as general damages. The assessment considers matters such as ongoing symptoms, restricted movement, treatment and the expected recovery.

Financial losses are assessed separately. These may include lost earnings, reasonable treatment expenses, travel to appointments and necessary help with everyday tasks. Future losses may also be relevant if medical evidence supports a lasting effect on your ability to work.

For example, reduced hours may create an earnings loss even if you have never stopped working completely. Keep records of changes to your hours, duties and pay.

Our personal injury solicitors consider your individual circumstances before advising on valuation. Any estimate must reflect the evidence, including the extent of the harm attributable to your employer’s negligence.

Mark Reynolds Solicitors offers no win, no fee arrangements for suitable personal injury claims. Whether we can offer this funding for your RSI claim depends on our assessment. We explain the agreement, any deductions from compensation and potential costs before you decide whether to instruct us.

A no win, no fee arrangement is usually a conditional fee agreement. It sets out when our legal fees become payable and what happens if the claim is unsuccessful.

If your claim succeeds, an agreed success fee may be deducted from your compensation. Other costs or an insurance premium may also apply, depending on the funding arrangements.

Insurance can help protect against certain costs, but its cover and exclusions need to be understood. No win, no fee should not be treated as a promise that every possible expense is covered in every circumstance.

Tell us about any existing legal expenses insurance or trade union membership. These may provide another funding option. Your initial consultation is an opportunity to understand the terms before committing to a claim.

In England and Wales, court proceedings for repetitive strain injury claims generally must begin within 3 years of the injury or your legally defined date of knowledge, whichever is later. Mark Reynolds Solicitors can assess the relevant dates, which can be difficult to establish when symptoms develop gradually.

The date of knowledge involves knowing, or being treated as knowing, that the injury was significant and attributable to the relevant acts or omissions, together with the other statutory requirements. It is not necessarily the date of a formal diagnosis or when someone first uses the term RSI.

Earlier medical advice, conversations about your work or requests for adjustments may be relevant. Do not assume that continuing in the same job gives you a fresh deadline each day.

Special rules can apply, including for children and people who lack litigation capacity. Courts also have discretion to allow certain late claims, but this cannot be relied upon.

Contacting a solicitor or reporting symptoms to your employer does not itself stop time running. Seek advice promptly so there is time to investigate.

Our team assesses your circumstances, investigates responsibility, gathers supporting evidence and advises on the value of your claim. We seek an appropriate settlement through negotiations where possible. Court proceedings may be necessary if responsibility or compensation remains disputed, but issuing proceedings does not automatically mean there will be a trial.

Medical evidence is particularly important where symptoms developed over time. An expert may need to consider alternative causes, previous symptoms and whether your condition is likely to improve. Further evidence may be necessary if your prognosis remains uncertain.

There is no reliable fixed completion time for every RSI claim. Disputes about your working practices, medical causation or future losses can extend the process. Our guide to the personal injury claim process explains the main stages.

We explain offers and advise on their implications so you can make an informed decision. If a hearing becomes necessary, we explain what to expect.

Call 0800 002 9577 to discuss your circumstances with Mark Reynolds Solicitors.