Repetitive strain injury (RSI) and work related upper limb disorders (WRULD)
Repetitive strain injury (RSI) or as it is now known "Work related Upper Limb Disorder" (WRULD) is the term given to damage to the upper limbs which is thought to be work related through overuse. This type of injury/disorder often affects the wrist, forearm and upper arm.
Common conditions which may fall into this category are:
- tenosynovitis
- tendonitis/tendinopathy
- carpal tunnel syndrome, and
- epicondylitis (tennis elbow)
Please note: these conditions frequently arise in natural circumstances even where there has been no suggestion of excessive exertion or overuse.
Tenosynovitis
Tenosynovitis is the inflammation of the synovium that surrounds a tendon. Symptoms include pain, swelling, and difficulty moving the joint where the inflammation occurs.
Tendinitis (now called tendinopathy)
Tendinopathy is an overuse injury resulting in microtears in the muscle fibres, leading to an increase in tendon repair cells, yet there is an absence of inflammatory cells. Symptoms vary from an ache or pain and stiffness to the local area of the tendon, or a burning that surrounds the whole joint around the inflamed tendon.
Carpal Tunnel Syndrome
Carpal Tunnel Syndrome refers to the condition in which the median nerve is compressed at the wrist, leading to pain, tingling or numbness (similar to pins and needles), and muscle weakness in the forearm and hand.
Epicondylitis (Tennis Elbow)
Epicondylitis is a condition where the outer part of the elbow becomes painful and tender. Symptoms include pain on the outer part of elbow, tenderness and pain in the wrist when using gripping, extension or lifting movements.
Proving your case
If you have any of the conditions above and believe that your employer is at fault, you need to consider the following questions and information before making a claim for compensation:
- What were your hours of work?
- How long were you undertaking tasks of a repetitive nature?
- Were you able to take regular breaks?
- Were you pressured into meeting targets or deadlines?
- Did anyone else in your area of work suffer similar symptoms?
1. Are your working conditions safe? - Breach of duty
You must be able to prove that the work situation or system of work is unsafe. Sometimes conditions develop following the frequent and repeated use of equipment or machinery.
All employers must undertake an assessment of risks in the workplace according to the Management of Health and Safety at Work Regulations 1999.
Risks should be assessed and managed accordingly on a regular basis. If your employer does not risk assess it demonstrates that they are failing to pay attention to the Health and Safety of staff.
However, for your claim to succeed it is not enough to show that there was a potential risk leading to breach of duty. You must also establish that it was reasonably foreseeable that the risk identified could lead to injury.
If you can demonstrate the above then it may be possible to succeed in the 1st part of the test of proving that your employer has been in breach of their duty or at fault.
2. Have unsafe working practices caused your injury? - Causation
You will need to show that the above failure to provide correct health and safety provisions has led to your injury. It is not enough just to have an injury and it is a requirement to prove that the employer has been the cause of that injury before compensation can be considered.
It is always necessary to obtain expert medical evidence in these cases and often an individual is advised at the outset by a GP that work has caused their problems. Normally we approach a specialist who has expertise in examining the link between work and the medical condition and they will consider 1st whether the symptoms described fits one of the recognised work related diagnoses. If it does not, then it will be very hard to convince a court that the condition is work related.
Some medical conditions are not typically work related and proving that they have arisen as the result of overuse can be difficult even though it may seem that the condition has arisen during work.
It is important to note that just because symptoms are noticed at work does not mean that work has caused the condition. Some conditions are constitutional and work may just bring a constitutional condition to light.
Time limits for making a claim
A general 3 year limitation period applies if you wish to bring a claim for compensation, the 3 year period runs from the date you first became aware that the work you were undertaking may have caused the medical condition you are complaining of. Remember that these cases are difficult to win, but we have experts who can advise you on how to proceed.
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