Overuse injury compensation claims
This guide considers what you should know about making an overuse injury compensation claim.
Overuse injuries are caused by repetitive actions over a prolonged period of time.
This repetitive action causes damage to tendons, ligaments, muscles and soft tissue. Anyone who has experienced an overuse injury as a result of unhealthy work practices may be able to make a work-related illness compensation claim against their employer.
Some of the most common overuse injuries include:
- Repetitive Strain Injury (RSI)
RSI is a chronic musculoskeletal disorder that causes pain, cramping and numbness in muscles and tendons of the upper body. Around one in 50 employees have reported experiencing RSI. Most sufferers are office workers who spend long periods of time typing on computer keyboards.
- Carpal Tunnel Syndrome (CTS)
Carpal tunnel is caused by regular, repetitive strain being placed on the wrists, hands or fingers. This places pressure in the median nerve - the nerve in the wrist which gives the hand feeling and facilitates movement. Symptoms of carpel tunnel syndrome include tingling, numbness and reduced strength in the hand and fingers.
More commonly known as tennis elbow, this condition affects the tendons on the outer side of the elbow. It is caused by movements which repeatedly stretch the tendons and is common among those who play racquet sports. Symptoms include pain in the elbow and arm.
- Tendinitis and tendinosis
Tendinitis is the inflammation or swelling of a tendon. There are multiple types of tendinitis and it can occur in varied body parts including the hips and torso. Tendinosis is chronic tendinitis. This condition usually results from an injury in the connective tissue surrounding the tendon.
A chronic pain condition in the arm or leg. This condition often develops after suffering some other injury. The pain from CPRS is much more severe than the original injury would cause.
- Herniated discs
Discs are soft, spongy tissues that cushion the bones of the spine. The discs can become damaged as a result of overuse or stress. This condition is also referred to as slipped discs or ruptured discs.
The bursa provide cushioning between the tendons, bones and muscles. When they become inflamed this is known as bursitis.
Swelling caused by a collection of fluid in the top of the tendons in hands, feet and wrists.
- Diffuse RSI
A diagnosis of diffuse RSI is given when pain is felt but there is no determined cause.
If you have suffered an overuse injury at work you may be able to make a compensation claim against your employer.
Your employer has a duty of care to ensure the health and safety of employees. If they have failed to implement and maintain adequate health and safety measures, and an employee is injured as a result, the employer's inaction is likely to amount to negligence.
Specialist equipment and training
Certain overuse injuries can be avoided with correct office equipment such as ergonomic computer keyboards and mice to prevent wrist and hand strain, as well as supportive office chairs to prevent back injuries.
Other overuse injuries can be avoided in warehouses or construction sites with suitable operating equipment to assist with lifting and moving heavy objects. Health and safety training can also train employees on the correct and safe way to lift and move objects in order to avoid injury.
If your employer fails to provide such equipment or training they may be found responsible for your injury, and may be liable to pay compensation, however this is largely dependent on the circumstances of the case.
A specialist solicitor will be able to advise regarding your potential claim's likelihood of success.
A no win no fee agreement (also called a Conditional Fee Agreement) is entered into between a claimant and an injury lawyer.
A no win no fee agreement is in essence the terms under which the solicitor represents the client.
It outlines what the solicitor will do and how he or she is remunerated if your legal case is ultimately successful.
If you use our solicitors for your overuse injury compensation claim there will be no additional fees , nothing to pay up-front and the comfort that you will not be financially out of pocket.
I have a strong claim - why won't a solicitor take it on?
The amount of compensation you will receive depends on a number of factors. Our work injury compensation calculator provides an accurate estimate of your likely compensation.
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About the author
Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.
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