Suffering a Repetitive Strain injury (RSI) at work can have serious effects on a person’s day to day life. If the RSI injury was caused or made worse by work or your place of employment, it’s possible you may have a claim for compensation.
The RSI legal process
RSI injuries at work are typically handled under the WorkCover workers compensation scheme. The video below provides a simple, step-by-step guide to bringing a claim for compensation with Shine Lawyers, so you know what to expect from the legal process:
How RSI compensation gets calculated
No two RSI or OOS compensation claims are the same because everyone’s situation is different. RSI injury claims are often very complicated to pursue legally, which is why you should always seek expert legal advice that is right for you.
In most RSI workers compensation claims, a monetary value is usually placed on the gap between your predicted life path before the injury, and your actual life path since the injury.
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Common questions about RSI Injury at work
RSI stands for Repetitive Strain Injury, which is the term given to the overuse or excess use of soft tissues e.g. Muscles, tendons, nerves) within the body over a significant period of time. It occurs through repeated use of the same movements and can have serious repercussions for the individual sufferer.
RSI can occur in many parts of the body. In the workplace, RSI can typically arise out of repetitive movements in the shoulder, arms, legs, elbows, back, neck, wrist and fingers whilst doing normal work duties for prolonged periods.
If you have suffering from an RSI injury, it’s possible you may have a claim for compensation.
Common types of RSI injuries include tendinitis, golfers elbow, tennis elbow and carpal tunnel syndrome. Diffuse pain syndromes are also relatively common, where the pain is often spread over the body and can be diagnosed as cervicobrachial pain syndrome of chronic pain syndrome.
RSI which occur at work and due to inadequate processes, equipment and procedures typically have greater chances of success through the legal system, although even this is subject to the severity of your injuries and many other factors.
Without knowing the particular facts of your situation it can be very hard to establish your rights in bringing forward a claim for compensation. We recommend you seek expert legal help to get the right advice for you.
It’s important that you seek help as soon as possible following your slipped disc or bulging disc, so that your rights and interests are looked after, and that your ability to make a claim is not lost due to a missed time limit.
If you decide to take legal action following your RSI or OOS at work and are wondering who will pay your compensation, in most cases, it’s the insurance company of the business that is responsible that will pay the compensation to you rather than the individual themselves.
The business owner responsible or person found to be at fault won’t have to pay out of their own pocket for what has happened – the process of obtaining compensation is all done through insurance companies.
Your repetitive strain injury claim typically covers all of your physical and psychological injuries and losses, including past and future costs or expenses related to your injury. RSI claims are particularly complex, with many different factors at play which govern your ability to make a claim.
Examples of what you might be able to claim for include:
- Medical, rehabilitation and hospital expenses
- Loss of earnings
- Pain and suffering
- Loss of enjoyment of life
- Home help and nursing provided by anyone, paid or unpaid, if it meets certain conditions.
There are many things you may be able to claim for following your injury. Once a lawyer knows your specific situation they should be able to give you a good indication of what you may be able to claim for.
RSI claims for compensation can take many months to resolve. Each claim is different, with some RSI or OOS claims able to be resolved within a few months, while others can take much longer to resolve successfully. It really depends on the facts of your particular case.
A lawyer will be able to give you a good indication of how long your RSI claim may take once they know a little bit more about your situation.
How much compensation you receive depends on a number of things such as the state laws where the injury in your workplace took place, the seriousness of your injury, the amount of money you will lose in earnings, along with many other things.
How much you can receive in RSI compensation really depends on your situation but a lawyer will be able to give you a good indication after they know a little bit more about your case.
Time limits apply to all RSI or work related injury claims for compensation. These tend to be different for each state so it’s important you seek expert legal help right away to ensure your rights are protected.
Shine Lawyers work on a No Win No Fee basis for all RSI and workers compensation claims. This means you will only pay our legal fees if we win your case at the end of the process.
When it comes to the legal costs at the end, these vary as it depends on the amount of work required to resolve your claim.
It is possible to legally represent yourself when making a compensation claim. Doing so successfully will likely require a thorough understanding of the law, your legal rights and entitlements, and a commitment to actively pursue the case to move it forward.
Most people making RSI compensation legal claims choose not to act for themselves and instead engage an expert compensation lawyer. The best compensation lawyers can provide the knowledge and experience required to help guide a case to a successful outcome.
Shine Lawyers has offices in the following locations across Australia. As part of our service offering, home or hospital appointments can be arranged at your convenience.
New South Wales
- Gold Coast
- Hervey Bay
- North Lakes
- Stones Corner
- Sunshine Coast
Shine Lawyers has expert RSI injury and workers compensation lawyers that can help you determine your rights and bring forward a claim for compensation on your behalf. The below links contain further information regarding your legal options.
Shine Lawyers also have accredited specialists in personal injury law across the nation:
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