RSI Claims

The claims process can vary but will generally adopt the following format:

1. Initial Consultation – When you arrange an appointment with one of our personal injury solicitors, they will meet you and take your instructions in relation to the injury you have sustained. You will be asked to provide details about your employer, the type of work you carried out, how long you worked there, what negligence is alleged and the date when a medical professional linked the injury to your occupation.

2. Letter of Claim – Your solicitor will then send a letter of claim to the at fault employer setting out detailed allegations of negligence. The third-party employer is then obligated to pass this on to their insurance company, who will deal with the matter from that point onwards.

3. Engineers report – An expert engineer’s report may be required depending on the nature of the case. If it is alleged that an unsafe system of work or an unsafe working environment is in place, then an expert opinion may be required to examine the work area and provide a report.

4. Medical Evidence – If you have been to your GP or the hospital in respect of your injuries, we will obtain these notes and arrange for you to be examined by a specialist medical Consultant who will provide a report on whether your injury was caused by your occupation. The medical report in repetitive strain injury claims is very important as injuries of this nature are accumulative and it is important that the medical expert finds that the injury was caused by your work in order to make a successful claim.

5. Decision on Liability – The third-party insurance company will have three months from the date our initial letter of claim is sent to complete their investigations and provide a decision on liability. If liability is admitted, then medical evidence will be provided to the insurance company and both parties will enter into settlement negotiations.

6. Court Proceedings – If liability is denied your solicitor will consult with you and discuss issuing Court proceedings to try and recover damages. When Court proceedings are issued your solicitor will instruct a specialist barrister to help prepare your case for Hearing. Court proceedings can also be issued in a case where liability has been admitted if we feel the compensation being offered by the insurance company is not sufficient. Our expert solicitors will advise clients on their options, but the final decision will always be made by the client and we will ensure that their wishes are carried out.

Compensation can be awarded for a range of issues, including:

• Pain and suffering

• Reduction in quality of life, or being unable to enjoy normal activities

• Psychological damage

• Financial losses, such as loss of earnings

• Long-term care, for example, if your child will need help throughout his or her life

In a repetitive strain injury (RSI) claim, compensation is sought for injuries and losses resulting from the development of an RSI due to repetitive movements or tasks in the workplace or other activities. The specific compensation you may receive can vary depending on the circumstances of the case, the severity of the RSI, and the liability of the parties involved.

If you speak to us about your case, we will be able to give you an initial idea of the range of compensation that is generally awarded for the type of injury you have sustained.

We offer a range of options. These include:

• Legal Aid

• Legal expenses cover

• After the Event insurance (ATE insurance)

• Private payment

We will be happy to discuss funding with you to find the best option for your circumstances.

When bringing a claim for occupational repetitive strain injury you should seek legal advice as soon as possible. It is often the case that potential claimants delay the process too long and are then unable to bring a claim due to limitation issues.

The Statute of Limitations allows three years (NI) or two years (ROI) from the ‘date of knowledge’ for claimants to make a claim for compensation. The ‘date of knowledge’ is the date when your injury was directly linked to your occupation by a medical professional.