The two most important things you will need to do if you want to file an RSI claim are:
- Prove that the employer failed in their legal duty to keep you safe from harm and was thus negligent.
- Prove that your repetitive strain injury was caused by these negligent work practices.
Both of the above requirements need to be met for your RSI claim to be successful. If you have RSI but cannot prove that it was caused because of your employer’s negligence, then you won’t have a strong case and your chances of being awarded compensation may not be good.
For example, employer negligence can be demonstrated by providing compelling evidence that your RSI symptoms were caused by:
- Working for long periods on your computer without taking a break.
- Providing poorly designed or non-ergonomic chairs and desks that result in poor posture while working.
- Performing tasks such as data entry and other repetitive actions continuously over extended periods of time.
- A poorly organised or cramped workstation that puts undue pressure on the joints.
- Insufficient or no training related to safe working practices.
Repetitive strain injuries are unlike most other injuries that happen instantly and are caused due to a specific accident. Repetitive strain injury symptoms develop slowly and are caused by seemingly non-risky actions. The key factor in identifying this condition is that the symptoms result from performing the same action repeatedly over a long period of time.
To show this you will need to submit photographs along with a detailed description of your workplace and specifically your workstation. It would help tremendously if you could support this with written documentation showing that you had informed your employer about the problems you were experiencing, but isn’t entirely necessary.
Other supporting evidence may include your doctor’s diagnosis and a statement from other employees confirming the unfriendly working conditions.
If you have been diagnosed with RSI due to unhealthy work practices and you have decided to exercise your right to claim RSI compensation, you should ideally consult with a personal injury solicitor to get advice on how to proceed.