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Rsi injury claims-any experience?

8 replies

goldenbirdies · 01/09/2011 11:49

Anyone out there know anything about claiming for rsi injuries? I have had pain in my right shoulder and upper arm since the beginning of the year. I am not incapcitated but I have lost some range of motion in that arm and at times the pain keeps me awake.

The company has accepted, via their EHS assessment people, that it is job-related and offered a few adjustments, none of which have really helped much. I have done a quick search on Rsi claims but all that comes up are the 'no win-no fee' companies. Is this the only route to go or is there any Government agency that deals with claims?

I haven't really thought about claiming before now because my old manager was sympathetic and prepared to give me time to recover even if I couldn't work to the same level as previously. Unfortunately the new one seems to have decided to crack down on me to 'perform' better and I am wondering if a claim might give me more protection.

OP posts:
flowery · 01/09/2011 11:52

Are you not able to do your job anymore? You really need some level of financial loss to make a claim worthwhile.

goldenbirdies · 01/09/2011 12:05

Hi flowery - I can still do my job but at a much slower rate (I do data entry) than previously. There is no financial loss at the moment butI got the impression from looking at the 'no win' ads (probably not a good idea I know) that I might be entitled to something because employer has effectively caused the problem.

OP posts:
KatieMiddleton · 01/09/2011 12:10

What flowery says. You need some sort of financial loss to be able to claim so unless your job is paid by performance instead of salaried you have very little chance.

KatieMiddleton · 01/09/2011 12:12

Hmm at "entitled to".

goldenbirdies · 01/09/2011 12:14

So there is no claim for the pain experienced and no route to go other than private solicitors?

OP posts:
goldenbirdies · 01/09/2011 12:18

Congrats Katie - I just knew that even if I posted this in Employment (ie not AIBU) someone would have to make 'the face' about me suggesting a claim.

OP posts:
Grevling · 01/09/2011 18:55

AFAIK uk courts don't allocate punative damages like the USA. So no "I've injured myself I need £20k" more i can't work for 12 months so I need £20k

meravigliosa · 06/09/2011 13:55

You can claim damages for pain, suffering and loss of amenity, but these tend to be the most modest element of any claim for damages when you read about large claims for damages they tend to be a lot for future wage loss when someone is incapacitated for the future. If you are permanently disabled (ie still able to do the job but slower) you may also be able to claim an award for loss of employability ie you would find it harder to get a job if you lost your current job, because of the disability caused by the injury at work.

Generally nowadays it is relatively difficult to get public funding for personal injuries actions. If you are a member of a union, you may be entitled to consult a solicitor chosen by the union, and receive services because of the subscription you pay to the union. Otherwise no-win no-fee is by far the most common arrangement for pursuing personal injuries actions.

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