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Repetitive Strain Injury
Industrial Disease Compensation

Repetitive Strain Injury
Industrial Disease Compensation

Repetitive Strain & Injury

Carpal Tunnel

Vibration White Finger

Hand Arm Vibration

Work Related Upper Limb

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    REPETITIVE STRAIN INJURY COMPENSATION CLAIMS

    If you have been diagnosed with an RSI within the last 3 years and it is associated with your past or present employment then contact LPS today.

    LPS has dedicated Industrial Disease solicitors that have helped thousands of people successfully claim repetitive strain injury compensation. We aim to the maximum amount of compensation available for your claim using our No Win No Fee claims process.

    What are RSI’s?

    Repetitive strain injuries (RSIs) are “injuries to the musculoskeletal and nervous systems that may be caused by repetitive tasks, forceful exertions, vibrations, mechanical compression, or sustained or awkward positions”. RSIs are also known as cumulative trauma disorders, repetitive stress injuries, repetitive motion injuries or disorders, musculoskeletal disorders, and occupational or sports overuse syndromes. It is also known as Work Related Upper Limb Disorder (WRULD).

    Common types of RSI’s?

    A Repetitive Strain Injuries (RSI’s) can occur in many different forms, but there are two main types:

    Type 1 RSI: RSI is classed as type 1 when a doctor can diagnose a recognised medical condition. Symptoms usually include swelling and inflammation of the muscles or tendons. This includes conditions such as:

    • Carpal tunnel syndrome (CTS)
    • Hand arm vibration syndrome (HAVS)
    • Vibration white finger (VWF)
    • Bursitis

    Type 2 RSI: RSI is classed as type 2 when a doctor cannot diagnose a medical condition from the symptoms. This is usually because there are no obvious symptoms, just a feeling of pain. Type 2 RSI is also referred to as non-specific pain syndrome.

    Each type of RSI can have a similar effect on the sufferer. The amount you can claim in compensation is therefore not dependent on the type of repetitive strain, but on the effect on you as an individual such as: whether surgery was necessary, the amount of pain you suffered and your ability to work following the injury.

    Causes of RSI’s

    There are a variety of ways in which RSI’s can affect the body. Incorrect posture while sitting down for extended periods can be a contributing factor, whilst improper tool use, typing and heavy lifting can also play a part. The people most at risk are those who have to carry out the same movements and activities as part of their job every day.

    Professions that are commonly affected by RSI’s include:

    • Assembly line work
    • Food preparation
    • Use of tools (especially hand tools or tools that vibrate)
    • Construction
    • Carpentry
    • Writing and typing
    • Symptoms of RSI’s

    The symptoms of repetitive strain injury (RSI) usually develop gradually. They can range from mild to severe. Symptoms can vary, but often include:

    pain, aching or tenderness

    • stiffness
    • throbbing
    • tingling or numbness
    • weakness
    • cramp

    At first, you might only notice symptoms when you are carrying out a particular repetitive action, for example when you are at work. When you have finished work and are resting, your symptoms may improve. This is the first stage of symptoms and may last for several weeks or longer.

    If nothing is done about them, the symptoms of RSI are likely to get worse and cause longer periods of pain. You may also get swelling in the affected area, which can last for several months. Without treatment, the symptoms of RSI can become constant. At this stage the condition may be irreversible.

    What to do now?

    We suggest that you contact our expert team for a free no-obligation consultation. There is nothing to lose! If you are busy, you can click here to arrange a callback time or alternatively, you can call 08009961807 and ask to speak to our family department experts.

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      Our firm will treat you as an individual and not a number; we genuinely care about you and your family’s wellbeing. We are dedicated team experienced in dealing with complex cases. We will offer support at every step of the way and ensure that you are supported throughout you case/claim. We also have access to a range of experts that can assist us ensuring that your case/claim will present in best possible way. We offers a free no-obligation consultation so why not take us up on this offer and decide if we are the expert solicitors for you.

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      Frequently Asked Questions (FAQs)

      What is an industrial disease or injury?
      Industrial diseases and injuries result from exposure to occupational hazards in the workplace over a period of time.

      These hazards vary according to the type of work being carried out, but they could involve harmful substances, such as chemicals, dust or fumes; or harmful activities such as using vibrating tools or machinery; or harmful environments, such as one that is very loud.

      Examples of industrial diseases and injuries include the following:

      • Asbestos-related diseases such as mesothelioma or asbestosis
      • Occupational Asthma
      • Pneumoconiosis
      • Silicosis
      • Chronic obstructive pulmonary disease (COPD)
      • Dermatitis
      • Hand Arm Vibration Syndrome
      • Vibration White Finger
      • Carpal Tunnel Syndrome
      • Dupuytren's Contracture
      • Work-related Tendonitis
      • Epicondylitis (Golfer's and Tennis Elbow)
      • Carpet Fitter's or Housemaid's Knee
      Who will pay the compensation?

      It is very rare for the employer concerned to actually shoulder the payment of industrial disease compensation. In the vast majority of cases compensation comes from your employer's "Employers Liability Insurance". It is a legal requirement for all UK employers to have a policy of this type.

      Furthermore, in the event that you are still employed by the defendant there are a number of legal safeguards in place to protect you from unfair dismissal or discrimination made on the basis of your claim.

      My employer has gone out of business, can I still claim?
      Yes, this is because the claim is made against the employer's insurers rather than the employer itself.
      Will my case go to court?
      Although it is possible that your case will go to the court, only a fraction of cases ever reach this stage. Instead, it is likely that it will be in the interests of all parties concerned to settle without courtroom litigation – in fact, the courts encourage such an approach.
      How much will it cost to fund my claim?
      There are various funding options available to LPS' clients. However, it is worth bearing in mind that we offer No Win No Fee funding. This means that you make no outlays whatsoever unless you win your case – without exceptions. If your claim is successful then a portion of your compensation is set aside to cover court costs and related fees. We will always discuss this with you at the outset of your claim, so that there are no unwelcome surprises should you receive a damages award.
      What are the time limits for industrial disease claims?
      You can make a claim up to three years from the date the you knew or ought to have known that you were suffering from a work-related illness, or three years from the date of last exposure to any substance or process which has caused the condition (whichever is the later date).

      Given that many industrial diseases take a long time to develop, it may be that you need to make a claim decades after the firm responsible for your illness has ceased to trade. But, as long as it is within three years of diagnosis of an industrial disease, it may still be possible to claim compensation when retired or no longer work for the former employer responsible for causing your illness.

      Can I still claim state benefits?
      In many cases you can still claim state benefits even while being the recipient of industrial disease compensation. For example, those with asbestos illnesses still receive payments under the Pneumoconiosis Workers Compensation Scheme. Furthermore, a good personal injury lawyer can help you establish a personal injury trust so that you can manage your finances in the way that is most advantageous to you.
      If a family member has died as a result of an industrial disease, can we make a claim?

      It is possible to claim compensation on behalf of a deceased family member. However, the claim must be brought within three years of the date of death. Similarly, if the claimant dies during the course of the case, the family can continue with the claim on his or her behalf.

      However, if your family member has an industrial disease and later dies from an unrelated incident, you would have three years to claim in respect of the work related illness from the date they knew or ought to have known they were suffering from the condition, not from the date of the unrelated death.

      What are the time limits for industrial disease claims?

      You can make a claim up to three years from the date the you knew or ought to have known that you were suffering from a work-related illness, or three years from the date of last exposure to any substance or process which has caused the condition (whichever is the later date).

      Given that many industrial diseases take a long time to develop, it may be that you need to make a claim decades after the firm responsible for your illness has ceased to trade. But, as long as it is within three years of diagnosis of an industrial disease, it may still be possible to claim compensation when retired or no longer work for the former employer responsible for causing your illness.

      Get in Touch today and let us know how we can help you 08009961807