It is logical to think that if you are constantly carrying out the same physical task at work, such as lifting heavy boxes without a break, you may well develop a bad back. Similarly if you are working on a factory production line forcing parts into a product with your hands, you may well develop a wrist injury.
Your employer is under a duty to ensure that your working conditions are safe. They are expected to assess any risks in your work to ensure that if it is repetitive by nature, you are given sufficient breaks or job rotation. You should also be assessed to ensure that you do not have a medical predisposition which would make you more susceptible to suffering a repetitive strain injury.
If you do suffer an injury as a result of carrying out a repetitive task, you should notify your employer immediately. This will put your employer on notice that the task is causing a problem for you and will help evidence their negligence if they fail to do anything to assist you.
It is sometimes difficult to establish whether an injury is work related, or whether it is constitutional, that is, it would have occurred anyway due to your own medical predisposition. To do this, it is necessary to obtain independent medical evidence to try to establish a causal link between your injury and your work.
If we can establish that your job is repetitive and that you have developed an injury as a result, you may be entitled to recover compensation.
A court claim must be commenced no later than three years after you become aware of:
- the symptoms
- the symptoms are significant
- the cause of the symptoms
- the identity of the employer (or their current identity).
A claim for compensation regarding this type of claim must be commenced no later than three years from your date of knowledge of the injury including symptoms - NOT from the original exposure which may have caused the injury. The Courts do have power in some cases to extend the time limit but this power cannot and must not be relied on.
A member of our team will be happy to discuss the above with you and how this will impact on your claim.
Funding your claim
If your claim has reasonable prospects of success then we will be happy to act for you on a ‘no win, no fee’ basis. We will make enquiries to ensure ‘no win, no fee’ is appropriate to you. We will be happy to discuss other funding options with you.
If you are suffering from a repetitive strain injury which you believe was caused by working conditions, please do not hesitate to contact our specialist injury team. We will be happy to help and provide free initial advice.
There is no obligation to make a claim - you decide whether or not you wish to go ahead.
Poole Alcock’s personal injury department in Cheshire is accredited by the Association of Personal Injury Lawyers (APIL) and our expert solicitors include members of the Law Society Personal Injury Accreditation Scheme and APIL Senior Litigators.