Repetitive strain injuries are often linked to jobs that involve performing the same task repeatedly over long periods, whether it’s typing at a computer, operating machinery, or using hand tools.
Importantly, if you’re suffering from a repetitive strain injury (RSI) because your employer failed to provide proper breaks, equipment, or training, you may be eligible to make an RSI claim for compensation.
In this guide to RSI claims, we’ll look at the process of claiming compensation and also explain how much you could be paid. Additionally, we’ll look at what roles are susceptible to RSI injuries and why a claim might be possible.
We have a team of specialist advisors and personal injury solicitors who could help if you’re considering making a repetitive strain injury claim. If you call us on 0800 6524 881 they’ll provide a no-obligation telephone consultation where your case will be reviewed to determine your chances of a successful outcome. If your case is likely to be successful and you wish to proceed in making an RSI claim, their services will be offered on a No Win No Fee basis.
Table of contents
- What Is A Repetitive Strain Injury Claim?
- Am I Eligible To Make An RSI Compensation Claim?
- Common Causes Of RSI Claims
- What Evidence Can Support A Repetitive Strain Injury Claim?
- How Much Compensation For RSI Could I Claim?
- Is There A Time Limit For Claiming RSI Compensation?
- Do I Need A Solicitor To File A Repetitive Strain Injury Claim?
- Can I Be Sacked For Filing A Claim Against My Employer?
- Starting The RSI Claims Process
What Is A Repetitive Strain Injury Claim?
A repetitive strain injury (RSI) claim is a type of compensation claim where you seek damages for injuries caused by repetitive tasks or poor working conditions. This can include injuries like carpal tunnel syndrome, tendonitis, or chronic pain in the hands, arms, neck, or shoulders.
RSI claims usually cover not just the pain and suffering caused by the injury but also related costs such as medical treatment, physiotherapy, travel expenses, and any loss of income if the injury affected your ability to work.
Am I Eligible To Make An RSI Compensation Claim?
Generally, to make a successful RSI claim you’ll need to show that:
- Your employer breached their duty of care. Under the Health and Safety at Work etc. Act 1974, employers must take reasonable steps to protect employees from repetitive strain injuries, such as by providing ergonomic equipment, training, regular breaks, and workstation risk assessments.
- Your RSI was caused by that breach. You must show your injury was more likely than not caused by your employer’s failure (e.g., poor breaks, lack of training, cramped workstation).
If you’d like us to check your eligibility for making an RSI claim, please give us a call today for free advice.
Common Causes Of RSI Claims
Some common examples of employer negligence that could lead to repetitive strain injury claims:
- Lack of training. As part of their duty of care, your employer should train you how to work safely. Even if your job involves sitting at a desk all day, you should be advised on the best way to do so.
- Insufficient safety equipment. Where needed, your employer may need to provide ergonomic aids such as wrist supports, adjustable chairs, footrests, or specially designed keyboards and mice to reduce the risk of injury.
- Failure to assess risk. Employers should regularly review workplace setups and tasks to identify and minimise RSI risks. For example, raising a monitor to eye level or adjusting desk height may help prevent long-term strain.
- Ignoring early warning signs. If you report symptoms such as pain, tingling, or numbness and your employer fails to act, this may amount to negligence.
- Excessive workloads without adequate breaks. Where employees are pressured to work long hours or skip breaks, especially in repetitive roles, this can contribute to RSI and may support a compensation claim.
If any of the above have caused you to develop RSI, you could have grounds to claim compensation. If you’re not sure whether your RSI claim could proceed, please do call our team for free advice.
What Evidence Can Support A Repetitive Strain Injury Claim?
Repetitive strain injuries differ from other injuries that occur suddenly due to a specific accident. Instead, RSI symptoms develop gradually. Proving an RSI claim requires demonstrating that your injury is directly linked to your work. To support your claim, you may need the following evidence:
- Medical records. If your injury has been diagnosed by your GP, you can ask for a copy of your medical notes.
- Training records. Evidence showing that your employer failed to provide proper training on ergonomics or preventing repetitive strain injuries.
- Occupational health notes. Where you have emails or letters from an occupational health review that suggested changing your working environment, you could use it as evidence if nothing was changed.
- Emails to your employer. These could be used to prove you have raised concerns with your line manager about your symptoms.
- Photographs of your working environment. These could be used in conjunction with other evidence to demonstrate how your repetitive strain injury was caused.
- Witness statements. Statements from any fellow employees who can confirm your working conditions or any concerns you raised about your injury.
- Financial records. Retain and collect any proof of financial losses directly caused by your RIS, such as any lost income, medical expenses, and costs for assistive equipment.
If you would like us to check what evidence you have to make a repetitive strain injury claim, please do get in touch today. We review cases for free and will explain your legal options on a no-obligation basis.
How Much Compensation For RSI Could I Claim?
As all RSI claims are unique, there isn’t a fixed amount of compensation you’d automatically receive. There are two main elements or heads of loss that will ultimately determine how much compensation for RSI you could claim. The first is called general damages and is the part of your claim that seeks to cover your pain or suffering. It also covers any loss of amenity. This means that you can’t do something you used to enjoy because of RSI. For example, you could claim compensation for loss of amenity if you can no longer play a musical instrument because of your injury.
The second element, special damages, is to claim back any costs, losses, or expenses incurred due to your injuries. Examples here include lost income, medical costs, and travel expenses.
So, if you can prove that employer negligence is responsible for your injuries, the court may award RSI compensation for the following:
- Pain and suffering.
- Medical expenses, including the cost of diagnostic tests and medication, doctor’s fees, and costs of short and long-term therapy.
- Transport expenses to and from the hospital.
- Loss of income if you had to take days off from work.
- Cost of any assistive devices if required.
When calculating a settlement for repetitive strain injury, your assigned solicitor will also take into consideration the impact it has had on your quality of life as well as on your future career and career prospects.
RSI Compensation Amounts
The Judicial College provides guideline compensation amounts for various injuries relating to RSI, including work-related upper limb disorders which we have listed below. Please note that all figures relate solely to general damages.
- £26,740 – £28,220 compensation where there is continuing disability and loss of employment.
- £18,180 – £19,940 compensation where there are continuing symptoms.
- £10,550 – £13,120 compensation where symptoms resolve within 3 years.
- £2,690 – £4,310 compensation where, within a matter of weeks to months, a complete recovery is made.
To help determine where your injury fits into a particular range, you may need a medical assessment during the RSI claims process. This will be conducted by an independent specialist. They’ll examine your repetitive strain injuries, discuss how you’ve been affected by them, and read any medical notes. After that, a report will be provided that sets out your prognosis.
Is There A Time Limit For Claiming RSI Compensation?
Personal injury claims usually have a 3-year time limit. For claims involving accidents, the time limit generally begins from the date of the accident. However, RSI claims typically work a little differently because it can take many months or years for symptoms to develop.
Therefore, when claiming compensation for RSI, your time limit may begin from the date of knowledge. This is commonly the date when you became aware that your RSI was linked to your work.
Our experience tells us that it’s best to begin your claim as soon as possible. This is for a number of reasons. Firstly, you’ll find it easier to recall how your injuries were caused. Secondly, it will mean your legal representative will have plenty of time to collect evidence to back up your repetitive strain injury claim.
Do I Need A Solicitor To File A Repetitive Strain Injury Claim?
Legally, you don’t need a solicitor to make a repetitive strain injury claim. However, most claims are brought against an employer’s insurance, and proving that your RSI was caused by workplace negligence can be tricky, especially in cases where symptoms have developed gradually over time.
We believe that you have an increased chance of winning your claim if you work with a specialist solicitor. If one of our No Win No Fee solicitors accepts your case, you’ll get all the support you need. Your solicitor will gather the evidence needed, file your RSI claim and deal with any arguments raised by your employer’s insurance company. You will be updated regularly about how things are going, and they’ll do everything possible to try and secure the maximum compensation for RSI.
Can I Be Sacked For Filing A Claim Against My Employer?
So long as your claim is genuine, your employer should not dismiss you or treat you unfairly simply because you have decided to claim RSI compensation against them. If they do react badly, you may have grounds for a separate employment claim. Depending on the circumstances, this could include unfair or constructive dismissal.
Starting The RSI Claims Process
To start the RSI claims process, or simply check how long you have left to claim, please call us on 0800 6524 881. We offer a free consultation and can give you clear, honest advice about your options.
If we believe your claim has a good chance of success, one of our experienced solicitors could represent you on a No Win No Fee basis. That means you won’t need to pay anything upfront, and you won’t have to pay any legal fees if your RSI claim isn’t successful.
To get started today, just give us a call, request a callback using one of our online forms, or chat with us live on the website, whatever works best for you.
