Nurse Wins Repetive-Strain Back Pain Claim

Nurse wins repetive-strain back pain claim http://www.guardianunlimited.co.uk/uk_news/story/0,3604,502339,00.html

Answer 1:  £345,000 for back pain involving repetitive strain (not single injury) from lack of allegedly suitable lifting equipment to move patients. (Guardian 6/6/01) Has anyone further information on compensation claims ie. health care professionals winning compensation claims for RSI related problems. As the article states this is amazingly difficult to prove and even with all the inside information of an NHS employee it is difficult to persuade others to listen let alone act. I know of several sufferers who would dearly love some input.

Answer 2:  That is TOTALLY amazing! If ANYONE knows of any other cases at all where a successful RSI claim has been made could they PLEASE forward details ASAP

Answer 3:  One of the best sites I have found one on RSI caselaw is Loughborough University. Delia Venables site at www.venables.co.uk/ is also well worth a look.

Answer 4:  Bear in mind that there’s a big difference between the nurse’s case, and any  case involving injury to the upper limbs from computer use. Repetitive strain is involved in both kinds of case, but in the nurse’s case it’s repetition of a strain that people (and juries) feel they understand. Anybody understands that heaving patients around can hurt the back. Computer-use cases don’t start from that point, they have to start by convincing the jury that pressing keys on a keyboard and nudging a little mouse around on a mousemat can cause severe damage. That’s a lot harder to  get across in a courtroom.
The nurse’s case is relevant, though, because often safety procedures and safety law are geared towards an injury that happens only in a single incident — five minutes ago you were perfectly healthy, then the incident happens and you’re injured. Clear cut and no question about it. The fact that this jury accepted the principle that injury can happen through accumulated strain over many incidents, seems to suggest the wind of opinion might be shifting  slightly towards the common sense end of the spectrum.

Answer 5:  The fact that this jury accepted the principle that injury can happen through accumulated strain over many incidents, seems to suggest the wind of opinion might be shifting slightly towards the common sense end of the spectrum.

 


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