Statistics show that repetitive strain injury (RSI), also known as work related upper limb disorders (WRULD), is increasing at an alarming rate in the workplace. According to the Occupational Safety and Health Administration (OSHA), approximately 1.8 million workers are affected by RSI per year. One government study puts the annual RSI cost between $17 billion and $20 billion.
According to one survey, close to 60 percent of computer office workers across the nation suffer from acute wrist pain while working on the computer, and 51.2% state that their keyboards are placed way too high. However, the only problem is not ergonomics – 49.7% of employees say recommendations to take breaks from their computers are ignored.
RSI is a health condition which develops when a person performs a repetitive physical task over long periods of time. This can happen in any situation. It can stem from prolonged repetitive work at a factory job or even an office role. The causes could be:
- Repetitive tasks that are performed at work such as drilling, typing or using cleaning equipment
- Not relieving pressure on the wrists and hands by providing ergonomic tools
- Using equipment that vibrates, such as machinery employed in construction or manufacture
Symptoms of RSI include aching and tenderness in the affected area or throbbing in the wrists and hands. RSI patients report numbness, tingling as well as nerve and tendon problems as well.
Who to Fila a Claim Against
You can bring a personal injury claim against the employer who is liable for the situation which contributed to the development of your RSI. Employers have a duty to ensure all workers that they will be provided proper facilities to prevent illnesses like RSI. Ergonomic equipment should be provided and you should be allowed to take small breaks from repetitive tasks to stop the development of RSI and its symptoms.
Compensation for an RSI Claim
In order to obtain compensation, you must win an RSI claim using the same tort elements of negligence that apply in all personal injury cases:
- That the employer knew, or ought to have known, that there was a risk of injury which the employee was exposed to
- Given the foreseeable risk, there was failure to take reasonable steps by the employer to reduce or prevent the risk of injury to the employee and
- That the employee’s injury was caused by the work required to be carried out by the employee and the employer’s breach of duty
The major hurdle in taking RSI claims forward has often establishing causation (the injury’s connection to the work environment).
While medical professionals have been diagnosing RSI or WRULD for many years, it is slow to be recognized by the courts.
The courts are concerned with absolute proof, which is the difficulty that claimants face. Unfortunately, if a diagnosis of a recognized medical condition cannot be established, the chance of winning an RSI claim is minimal.
If you or a loved one has suffered RSI due to the negligence of an employer, it is wise and judicious that you seek the help of one of the remarkable and proven personal injury lawyers at the RMFW Law firm at 212 697 9280.
We at RMFW Law know how to win cases. Our legal track record is impressive and we can recognize a winning case when we see on and we know what it takes for a case to be successful. We have this formula down pat. The first meeting is free. Give us a call. You pay us nothing up front. We are only paid when you are paid. We look forward to carrying this legal baton for you all the way to a successful conclusion.