Repetitive Stress Injuries in Healthcare Workers

Almost every role in healthcare involves repeating the same physical tasks day after day, which is why repetitive stress injuries are so common among nurses and care workers. These conditions rarely announce themselves, and by the time the pain is constant the damage can be serious. If your work has caused an avoidable RSI, you may be able to claim compensation.

Healthcare worker with repetitive stress injury

Bringing a Claim for a Healthcare Repetitive Stress Injury

McCarthy + Co Solicitors LLP has acted for many nurses, healthcare assistants, and care staff, including those whose injuries built up quietly over years rather than in a single accident. We have extensive experience bringing these types of claims and will work to achieve the best possible outcome for you.

If a task you are required to carry out has caused an RSI, and it was reasonably foreseeable that repeating that task over time would do so, your employer is obliged to compensate you for your pain, suffering, lost wages, medical expenses, and other losses. Under the Safety, Health and Welfare at Work Act 2005, employers must assess these risks on an ongoing basis and act on what they find. You may have grounds for a claim where your employer has failed to:

  • identify, through proper risk assessment, which tasks are likely to cause an RSI;
  • provide adequate rest periods and rotate repetitive tasks;
  • supply suitable equipment, or redesign the system of work to remove the harmful movement;
  • carry out an ergonomic assessment of your work, with input from a physiotherapist or occupational therapist where needed;
  • restrict or adapt an activity once it was clear it was causing you harm; and
  • respond when you or your colleagues reported symptoms.

If this sounds familiar, it is worth talking to us early, for reasons explained in the FAQ below. Arrange a time to speak with a solicitor by completing our quick and confidential online form.

Common repetitive stress injuries

Repetitive stress injury, also called repetitive strain injury, covers a wide range of conditions affecting the muscles, tendons, nerves, and other soft tissues, caused by the repeated use of one part of the body. The most common include:

  • Bursitis – inflammation of the fluid-filled sacs between bones, tendons, joints, and muscles.
  • Carpal tunnel syndrome – compression of the median nerve at the wrist, causing numbness and pain in the hand.
  • De Quervain’s tenosynovitis – thickening of the thumb tendon sheaths, causing pain at the base of the thumb.
  • Dupuytren’s contracture – connective tissue in the palm thickens over time, bending one or more fingers inwards.
  • Epicondylitis – overuse of the muscles and tendons at the elbow, giving rise to tennis elbow and golfer’s elbow.
  • Ganglion – fluid-filled swellings on joints or tendons in the wrists, hands, and feet.
  • Rotator cuff syndrome – inflammation of the tendons and muscles in the shoulder.
  • Tendinitis and tenosynovitis – inflammation of a tendon, or of the sheath around it, following repetitive activity.
  • Thoracic outlet syndrome – narrow passages in the neck constrict, compressing nerves and blood vessels.
  • Trigger finger – a finger or thumb catches in a bent position.

Our team can assist you with any of these types of conditions caused by your workplace activities.

Recognising the symptoms

Symptoms vary widely depending on the part of the body affected. Typically they appear only while the task is being carried out and then fade afterwards, which is why they are so easy to dismiss. If the task continues, the symptoms tend to worsen, to linger long after the work has finished, and eventually to become constant. Common signs include:

  • pain, tenderness, or a throbbing sensation in the affected area;
  • pins and needles, or loss of sensation;
  • coldness in the hands or fingers;
  • loss of strength or grip;
  • loss of fine motor coordination, such as difficulty fastening buttons;
  • fatigue; and
  • difficulty sleeping.

If any of these seem connected to your work, see your GP and have the position recorded. That protects your health, and it also creates the medical record on which a claim depends.

“The whole experience from start to finish was excellent and I would highly recommend this firm of McCarthy + Co Solicitors to anyone. Special mention to Liam Crowley, my solicitor. He simplified everything for me step by step. Thanks also to the secretaries who kept in contact when needed.”
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Meet Liam Crowley

Liam Crowley is a partner at McCarthy + Co Solicitors LLP and leads our personal injury department. He has worked in litigation for almost 20 years, and in recent years he has acted almost exclusively for personal injury plaintiffs before the Circuit and High Courts, attending court venues throughout Ireland. He has handled many complex High Court actions involving multiple defendants and high-value loss of earnings claims, and he has managed investigations and claims in many wrongful death cases for families who have lost loved ones in road traffic and workplace accidents.

If you have developed a repetitive stress injury through your work in healthcare and would like trusted, attentive advice, you can contact Liam directly at liam@mccarthy.ie.

Liam Crowley, Personal Injury Solicitor

Frequently Asked Questions

Questions we are often asked about RSIs.

Can I claim if there was no single accident?

Yes. A claim does not depend on one dramatic event. If an RSI developed because of a task you were required to carry out as part of your duties, and it was reasonably foreseeable that repeating that task over time would cause such an injury, your employer is liable for the consequences. Foreseeability is central, and in healthcare the risks of repetitive manual work are very well documented, which makes them difficult for an employer to describe as unforeseeable.

What should my employer have done to prevent it?

Risk assessment must be ongoing rather than a one-off exercise. Once a task is identified as likely to cause an RSI, your employer should devise a way to avoid it, whether through appropriate rest periods, different equipment, or an alternative system of work that removes the harmful movement. Where a particular activity is the source of the problem, restricting that activity may be necessary to prevent more serious and irreversible damage. A thorough ergonomic evaluation of your work, with a physiotherapist or occupational therapist involved, is often the way to identify the specific problem.

How long do I have to bring a claim?

This is the single biggest difficulty with RSI claims. There is usually no one event on a specific date to point to. Symptoms start out mild and worsen gradually as the activity is repeated, sometimes over months or years, so by the time you realise the injury is serious it can be genuinely hard to say when it first became significant. That matters, because the two-year period runs from the date you first knew you had a significant injury. Employers do argue that a claim is out of time even where they were at fault, which is why you should take advice as soon as you suspect a link to your work, however mild the symptoms seem.

What happens if I can no longer do my job?

It is an unfortunate reality that where a severe RSI has already developed, continuing the activity that caused it may be harmful, and some people have to change occupation. Where that happens, your losses go well beyond the injury itself, and a claim can take account of lost earnings, both now and into the future, as well as the cost of treatment and retraining. This is one of the reasons it is worth having the value of a claim assessed properly rather than assuming it is limited to the pain alone.

How is compensation worked out?

Compensation has two parts. General damages, for the pain and the effect on your life, are assessed under the Personal Injuries Guidelines, which include categories covering upper limb disorders of this kind. Special damages cover your financial losses, such as lost earnings, medical costs, and future care or treatment.

What should I do now?

See your GP, so your symptoms are assessed and recorded. Report the problem at work and ask that it be noted, and keep your own record of your symptoms and the tasks that aggravate them. Then take legal advice promptly, so that the question of timing is dealt with properly and your entitlement is not lost. We can investigate your work practices, arrange the expert evidence needed, and deal with the Injuries Resolution Board and your employer’s insurer on your behalf.

McCarthy + Co Personal Injury Team CTA

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