Repetitive Strain Injuries and Workers’ Compensation
Repetitive Strain Injuries (RSI), also known as Occupational Overuse Syndrome (OOS), are caused when tendons or muscles are strained through excessive use or unnatural positioning. If you are suffering from RSI caused or aggravated by workplace conditions, you may be eligible for workers’ compensation.
Can I claim workers’ compensation for RSI?
RSI can present as generalised pain in nerves, muscles or other soft tissue, but is also sometimes used to refer to specific diseases such as tendonitis or carpal tunnel syndrome. It is most often found in the fingers, hands, wrists, elbows or shoulders, but is not exclusively limited to any region of the body, type of work or workplace.
If you have symptoms resulting from RSI which impact your quality of life, capacity to work, or have other negative effects, and which have been caused or exacerbated by your workplace or the conditions of your employment, you may have cause to claim workers’ compensation.
Some workers feel that they are fully responsible for their RSI due to poor practices or posture, but employers have a responsibility for the ergonomic conditions and training in the workplace. There are also compensation claim pathways for no-fault injuries in all states.
Workers’ compensation applies whether you’re a current or former employee, or a full-time, part-time or contract employee.
How do I claim workers’ compensation for RSI?
Any workplace injury must be diagnosed and certified by a medical practitioner, so it’s important to have a doctor assess your RSI (if you haven’t already).
Make sure to report your RSI to your employer and document the conditions which have led to it, as well as all workplace interactions regarding the injury. Keep a personal record even if your employer has their own records, and document all your expenses including medical and transport costs.
The compensation available to you may include loss of earnings, including future earnings, as well as medical and rehabilitation expenses, and damages for pain and suffering. In some circumstances, there may be other payments or claims available. What’s My Claim Worth can help you understand the details of your case and your particular circumstances, and connect you with the right lawyer to pursue your options.
Do I need a lawyer for a workers’ compensation claim for RSI?
It is possible to make a workers’ compensation claim without legal advice in every state. However, without the right advice, you may not achieve the full compensation that you’re entitled to or may have your case rejected entirely.
Different states have different time limits to bring workers’ compensation claims, so it’s important to seek legal advice as soon as possible. Even if the time limit for your state’s workers’ compensation scheme has expired, your lawyer may be able to provide other options for you.
As RSI injuries, by their nature, are inflicted over a long period of time, it can be more complex to establish the facts and conditions of the injury. A lawyer who specialises in RSI injuries or workers’ compensation can help you navigate the medical and administrative processes smoothly, so you can focus on rehabilitation instead of worrying about files and documents.
How much can I claim for RSI?
What’s My Claim Worth’s claims advisors can help you assess how much compensation you’re entitled to, using the facts of your case and your personal circumstances. We can also help you connect with our network of specialist lawyers, who will empower you to achieve the compensation you deserve backed by a No Win, No Fee guarantee.