As a law graduate, and fellow sufferer, I have been researching making a claim against an employer. If you feel you would like legal advice, contact the Association of Personal Injury Lawyers in Nottingham on 0115-958-0585 who will then send you a list of solicitors who deal with personal injury/RSI claims and who are local to where you live. On the issue of a diagnosis, there is a medico-legal service at Queen Victoria Hospital in East Grinstead, Sussex where there are four doctors who deal with personal injury/RSI. They will see patients, diagnose conditions and produce reports for legal cases. Dr. Belcher can be emailed on firstname.lastname@example.org
Comment 1: Big organizations however, may do what my employer did, which is to employ the only local specialist RSI-claims “no-win-no-fee” solicitors on an occasional basis, so there will be a conflict of interest and they cannot take the case. This happened in my case, the solicitor I saw wanted to take my case, but was told by his superiors that he could not do so because of this.
Comment 2: Local doesn’t matter. In the only legal case I’ve been involved in (not RSI), the trouble happened in London, by the time I decided to seek legal advice I was living in Derbyshire, the solicitor I chose was in Sheffield, and by the time it was settled I was living in Bristol. It’s worth the travelling, to get a good lawyer acting for you. (The solicitors were excellent and they do also do RSI cases, so if anyone wants their details, mail me. Although I do think RSI litigation is likely to be so very stressful, one should think many times before embarking on it.)
Comment 3: Thank you. I am out of time and have given up on bringing an out-of-time case but I am sure this will be useful to other people.
Comment 4: You may not be out of time. The Limitation Act says three years but this runs from the time of knowledge and this is up for debate. Section 33 of The Limitation Act also says that the court has the discretion to either enforce or disregard the three year limit. Every case is decided on its merits. Furthermore, with the implementation of the Human Rights Act, article 6 says that everyone has the right to a fair hearing and this could affect the 3 year rule.
Comment 5: Thank you. I should really go on looking into that. Last time I tried my Union. I am still a member even though I had to leave my job, the membership is free now so why not? – managed not to hear what I was saying. My legal insurers’ lawyers were amazed and shocked that I hadn’t sued in the first instance — that is, within time but there were reasons for that. I must see what the law is. (That’s what the legal insurers’ lawyers have been useful for! so far I haven’t had to ask them to fight a case, though there have been 2 they would have supported. I can’t see them backing an out-of-time one, but well as you say, that’s less relevant now.) I hope people do use the Human Rights Act. I must look it up, I’ll have a link to it somewhere.