Work Related Repetitive Strain Injury - effect on my record, compensation etc?

B

blueskies1

Guest
Hi,
I was diagnosed by a doctor and a physiotherapist as having RSI due to my daily tasks at work.

I've been out of work for three weeks. I was asked this week to attend the Chief Medical Officer, I assume to be assessed as to whether I can continue to work in my section.

Does anyone have any experience of this injury?

Worried about the long term effects of this on my work record.

A friend suggested getting compensation.

Any advice appreciated.

Thanks
 
Re: Repetitive Strain Injury - sue employer?

My first reaction on being told I have a repetitive strain injury would be ...How can I correct it?

I am pretty sure there is alot you can do yourself to remedy this situation.

The reality is you are probably responsible to a large degree yourself.
lack of fitness, poor posture, poor flexibility combined probably with an ill fitting work station or poor work practices...which is easy enough to adjust yourself in the majority of cases.

Putting alot of energy into suing your employer while likely make your condition worse not better ( lots of medical evidence)

You don't mention what type of repetitive strain injury it is.
Discussion of medical problems is banned on this site anyway.

I would focus on getting better not suing as generally the two are mutually exclusive.
 
Re: Repetitive Strain Injury - sue employer?

I think I would be thinking about getting it treated, having some physio and looking at what your doing wrong, not thinking about suing anyone.
 
Re: Repetitive Strain Injury - sue employer?

No interest in suing. A friend of mine suggested it, as my injury is quite painful: pains in neck, shoulder, arm, wrist and hand. Lost feeling in my arm for two days. It's no joke RSI. Treatment is a slow progress and of course bad work practices and over use of computer is to blame. Just wondering if anyone out there actually have/had this work injury. It's not a moral issue, it's an employment issue.
 
Re: Repetitive Strain Injury - sue employer?

Hi,
I was diagnosed by a doctor and a physiotherapist as having RSI due to my daily tasks at work.
Its not just the task...its how you carry out the task and the body that is doing the task....ie fit and healthy or fat, stiff and unhealthy.
Your work station is a factor but only 30% max.
Workstations are easy to adjust and don't have to be fancy.

Worried about the long term effects of this on my work record.
Suing your employer will likely have a worse effect on your work record.
The stress of it will definitely make your neck feel worse.
The evidence is that sueing slows/delays the recovery process.
But maybe the money will be worth it...that's for you to decide.

No interest in suing. .
The title of the thread suggest otherwise.
my injury is quite painful: pains in neck, shoulder, arm, wrist and hand. Lost feeling in my arm for two days. It's no joke RSI. Treatment is a slow progress.

I really sympathise. It is very very distressing. But its your problem and you can deal with it. Your employer can help you with regard to work stations etc. If your attitude is one where you take control of this problem you will be far more likely to recover than if you attitude is one where you are a passive victim of your employers neglect.

and of course bad work practices and over use of computer is to blame. .
Its YOUR bad work practices and the way YOU use the computer that is to blame. You can change this. The neck pain didn't come out of the computer and up your arm. It was the way you sat, the height you put your chair at, the height you had your screen at...your basic level of fitness (strength, flexibility , endurance), your weight.

Just wondering if anyone out there actually have/had this work injury..
I've had various repetitive strain injuries over the years.
My hubby has a very bad neck...but he keeps very fit and flexible and strong. Worked 12 hrs per day at a desk, very active....loves cycling which is a killer on the neck...but he is trying to strengthen it more so he can tolerate more cycling.
It's not a moral issue, it's an employment issue.

Its not an employment issue, its a health issue.
 
Re: Repetitive Strain Injury - sue employer?

Thanks for your help. Short staffed office didn't help either. Lots of changes to be done. Thank you
 
Re: Repetitive Strain Injury - sue employer?

If you went to sue, lots of things would be taken into account, for instance
* What H&S training was provided
* Did you attend it
* Did you sign the sheet acknowledging your attendance
* Does your organisation have a programme of regular work station assessments?
* If not, do they have trained Work Station assessors available to assess and advise employees on request.
* When you first experienced pain, what steps did you initiate e.g. did you contact the H&S Officer/Rep and ask for assistance with organising your work station.
* If aids (e.g. foot rests, wrist rests etc) were provided, did you use them.

The above is just a flavour of the kinds of issues what would be raised while preparing for a court case and is by no means exhaustive.

The cause of RSI is not automatically the employers fault. Of course, it might be, but then again it might be the employees fault, or a combination of both.

Personally, if I were in this situation I would be frank and open with the organisation, be honest and ask for their support in your recovery. Most likely they will be quite willing to provide you with support (e.g. cover cost of physio or any other recuperative treatments). Show that you are working to sort the issue with the long term aim of getting fully recovered and back to work.
Also, ask for their assistance when you return to work i.e. WSA as mentioned above, and provision of any aids (e.g. footrests if desk height too high, a chair with arm rests etc etc) that the WSA identifies as being needed.

Only if the organisation start taking a defensive and/or aggressive attitude do you need to start considering alternatives. But, right now I would take the approach I outlined above.
 
Re: Repetitive Strain Injury - sue employer?

Thanks Stevo. To all your points outlined, none were done. I want to work with the employer to get back to work soon. H&S is a huge issue in our office that has been ignored for a long time.

There will be no cover of cost for my treatment unfortunately, which is frustrating. Thanks for your help
 
Re: Repetitive Strain Injury - sue employer?

Hi Blueskies,
Physiotherapy and exercise will help. It is likely due to poor posture and as such I wouldn't sue your employer. It sounds very much like the upper trapezius strain I get.

Know the injury. Learn exercises to combat the causes e.g. Pilates. Keep working on it.

Have a read of the following.

http://www.ideafit.com/fitness-library/repetitive-stress-injury

http://sarahspilatescafe.blogspot.com/search/label/neck pain

Buy a theraband and try No. 3

[broken link removed]



http://books.google.ie/books?id=0lk...=X&oi=book_result&resnum=8&ct=result#PPR17,M1

- A good read on neck strain.

I hope this isn't edited for dealing with medical issues. It's just a little bit of help.
 
Re: Repetitive Strain Injury - sue employer?

Thanks Stevo. To all your points outlined, none were done. I want to work with the employer to get back to work soon. H&S is a huge issue in our office that has been ignored for a long time.

There will be no cover of cost for my treatment unfortunately, which is frustrating. Thanks for your help
while you can sue on these grounds - its not helpful to try work for a guy you sued adn really there are not too many places out there so forget that for a minute. A gp and physio may well diagnose you have the illness but they cannot specify that you got it from workplace work unless they assess you in-situ, (perhaps you play golf terribly 3 days a week and obtained it that way. or use a laptop for extended periods outside work hours...) I think you need to raise the issue with your boss - H&S has to be taken seriously.
 
Re: Repetitive Strain Injury - sue employer?

You can't sue for RSI.

RSI is an outdated term that refers to a collection of conditions from the very minor (trapped nerve) to sometimes severe (carpel tunnel syndrome) and so is not accepted as a "medical condition".

Also your GP is not in a position to diagnose you with any work-related strain, they are general practitioners and so do not have sufficient medical/workplace knowledge to make that call. Possibly demonstrated if they have given you a certificate stating RSI. Also a physiotherapist is not in the position to make this call.

You will have to seek out a specialist in order to get a specific diagnosis and based on a job description whether work is likely to have had an impact.

From experience, there is an element of taking a horse to water with workstation set-up. Despite employers meeting current minimum standards, employees are inclined to sit how they want.

However, can you sue, yes. Will you win, don't know as there isn't enough information. Though note you will have to go through the injuries board first.

Hopefully your pain and suffering isn't too severe and short lived. As others have said physiotherapy and being active will help considerably in shortening the pain and help recovery dramatically.
 
Re: Repetitive Strain Injury - sue employer?

If you went to sue, lots of things would be taken into account, for instance
* What H&S training was provided
* Did you attend it
* Did you sign the sheet acknowledging your attendance
* Does your organisation have a programme of regular work station assessments?
* If not, do they have trained Work Station assessors available to assess and advise employees on request.


Are you seriously suggesting that people need to be trained how to sit in a chair and that organisations (this could be a small business) should employ people to make sure that people are sitting in their chairs properly?
Unless the OP is 8 and working in a sweat shop with other 8 year olds then they should, at this stage of their life, have the wit to draw the conclusion that “oh, my neck hurts because of the way I am sitting; maybe I should sit differently”.
Bloody hell, when will people take responsibility for their own actions?

“a programme of regular work station assessments”, This post will be deleted if not edited immediately, I’ve heard it all now!
 
Re: Repetitive Strain Injury - sue employer?

Purple - absolutely right, and it needs to be said. If you get pain from how you do your job then you try to make changes. The kind of pain the OP is experiencing, if RSI/work related, does not come on overnight, it happens gradually and only if the person does nothing to inform themselves about preventative measures, and taking the appropriate steps. If you were being asked to carry 10 kilo bags up and down stairs by yourself all day then that would be another thing, but you are operating a PC. You may be able to get a solictor who could win you compensation based on all that ludicrous stuff about having posture related H&S policies etc, but that is all nonsense - concentrate on getting yourself better, and leave your employer alone.
 
Re: Repetitive Strain Injury - sue employer?

Thanks Stevo. To all your points outlined, none were done. I want to work with the employer to get back to work soon. H&S is a huge issue in our office that has been ignored for a long time.

There will be no cover of cost for my treatment unfortunately, which is frustrating. Thanks for your help
If Health and Safety is such an issue you should contact the Health and Safety Authority on 1890 289 389 ( 9 to 5 Mon. to Fri.)
There is legislation out there to help employees in this situation.
 
Re: Repetitive Strain Injury - sue employer?

Are you seriously suggesting that people need to be trained how to sit in a chair and that organisations (this could be a small business) should employ people to make sure that people are sitting in their chairs properly?
Unless the OP is 8 and working in a sweat shop with other 8 year olds then they should, at this stage of their life, have the wit to draw the conclusion that “oh, my neck hurts because of the way I am sitting; maybe I should sit differently”.
Bloody hell, when will people take responsibility for their own actions?

“a programme of regular work station assessments”, This post will be deleted if not edited immediately, I’ve heard it all now!

Well said Purple.... What is the world coming to. It seems to be the norm to blame someone else for one's own self induced problems. In a previous thread we had someone slipping on ice in a builders yard and again looking to claim...
I think we will see a culture change in the future. With the constant doom and gloom on the job front, we will only be too glad to suffer consequences in order to feed the family and pay the bills. Back to the good old days eh when we respected each other and appreciated what we had.
 
Re: Repetitive Strain Injury - sue employer?

"Does your organisation have a programme of regular work station assessments?"

If they do, those people are earning their paycheques! :)
 
Re: Repetitive Strain Injury - sue employer?

Purple - absolutely right, and it needs to be said. If you get pain from how you do your job then you try to make changes. The kind of pain the OP is experiencing, if RSI/work related, does not come on overnight, it happens gradually and only if the person does nothing to inform themselves about preventative measures, and taking the appropriate steps. I

This. If your pain is as bad as you say, it's been a long time coming. You could have taken steps to get it under control well before now.

I have RSI in my arms and hands, and some (preexisting unrelated) back problems, and still sit at a desk all day with relatively little pain. I take care of myself, I take breaks regularly, I don't sit with my hands on my mouse or keyboard unless I'm actually using that item. I also have my chair correctly placed (so that I don't have to reach up to the keyboard) with the arms removed (they are no good for desk work) and a foot stool. I go to physio when needed, pilates every week, and participate in a few other sports.

I have made all these changes on my own and consulting my GP, to allow me to work comfortably. When I first started working in a full time desk job I realised that there was no way for me to do so without some or all of this, so I did it. Now you'll need to do it too.
 
Re: Repetitive Strain Injury - sue employer?

I once had an employee who claimed RSI. I sent him to an occupational health specialist at a cost of €300 who diagnosed that the employee's claim of RSI was in fact the result of a minor arm injury caused from swinging his golf clubs too often!

So I agree RSI can be a result of other injuries and the person's lifestyle. However there is alot to be said for setting up your workstation correctly.
.
 
Re: Repetitive Strain Injury - sue employer?

I'm shocked at some of the comments on this thread and the lack of knowledge (even ignorance) on ergonomics. I agree that personal responsibility needs to be taken by all employees regarding ergonomics however it is not always the case that everyone knows the correct posture, use of short cut keys, correct sized mouse, micro breaks, not resting wrist on the table etc. Remember some people do spend 6-8 hours at a desk everyday. Your organisation needs to recognise ergonomics and you and your workstation need an assessment asap. This will not go away if action is not taken. Anyone that has had an RSI can relate to the OP's discomfort. This day in age you should not be coming home from work injured and do not have to tollerate it. Escalate to manager and HSA (as a last resort).
 
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