Repetitive Strain Injury

WHAT IS REPETITIVE STRAIN INJURY?

• • Repetitive Strain Injury is also called Upper Limb Injury.

• • It is a range of painful/uncomfortable complaints in relation to muscle, tendons, nerves and other soft tissues which has been caused by single repetitive use of part of your body, typically in arms, neck and/or hands.

• • It can arrive from repetitions, vibrations, demanding pressure against unyielding surfaces or awkward movements.

SYMPTOMS

• • Symptoms can gradually creep up on a person.

• • Initially, the complaints might be minor and might disappear on rest but then can be more sustained and difficult to shake off and eventually settle much more permanently.

TYPICAL COMPLAINTS

• • Typical complains are pins and needles/soft tissue, pins and needles, loss of feeling and loss of strength in hands and loss of feeling.

Emer Mulry Solicitor is heavily involved in representing victims of Repetitive Strain: please feel free to contact him at:-

Email: emermulry@berwick.ie.

Phone 091 567545

WHAT I NEED TO SHOW TO WIN:

• • Just like other cases, it is necessary to show fault on the part of the employer or other party who you are suing.

• • Accordingly, you need to show that your employer/defendant should reasonably have foreseen that the Injury would result from the work/practice in question.

• • That the employer could have avoided injury by taking reasonable steps.

• • You must show that the injury resulted from the said fault on the part of the employer, i.e., from the repetition/nature of the movement/repetition in question.

THE FACTORS WHICH CAUSE REPETITIVE STRAIN:

It is possible to have test (Ergonomic) carried out to establish the risk involved in the particular activity at work. These tests examine factors such as:-

• • The number of repetition per hour, minute etc.

• • Angles/poise/position of hands, arms, head, neck, etc.

• • The degree of pressure/strength to apply

• • Nature of equipment.

• • Whether breaks allowed at work and whether allowed to vary work and do different steps.

• • Rest periods.

DEFENCES WHICH EMPLOYER WILL NORMALLY USE:

• • An employer will argue that the injury in question was caused by some other cause and not by the work. However, you can defend this by establishing that the complaints have tended to arise when you are engaged in the repetitive-type of work (that injuries subside when you move to less repetitive work, that when you stop work your injuries subside, that others working with you on similar steps have developed similar problems.

TIME LIMIT

• • Just like other personal injuries actions in Ireland, the time limit is 2 years.

• • In RSI Claims, you need to be particularly careful about time as the date when the injury arose can be a matter of argument and also because employees frequently do not claim for some considerable time due to pressure to keep their jobs and not complain. In Ireland, time begins to run from the time that the injury is significant (in other words, you might have some slight pain but the pain is not sufficiently established or major; it is when it is significant that the time normally begins to run (you must also of course be aware of the injury and you must relate it to your work etc.).

• • Again, you need to take action straight away by instructing your Solicitor in these cases so as to protect yourself; otherwise, you could be out of time.