What is a Repetitive Strain Injury (RSI)?
RSI is defined as any damage to the body’s soft tissue (muscles, tendons, and nerves), specifically the neck, upper & lower back, chest, shoulders, arms, wrists, and hands. Repetitive Strain Injury is sometimes called “overuse syndrome”.
A Repetitive Strain Injury (RSI) may have significant consequences for a person’s daily life. If your RSI injury occurred during the course of employment, you may be able to claim workers compensation for your injury.
Which occupations are at risk?
RSI is a prevalent occupational ailment, with the majority of patients employed in industrial or manual labour positions. Factory labour, fishing, childcare, hospitality, automotive, trucking and transport, retail, health care, packing, construction, and professions requiring long hours at a desk are among the industries most affected by RSI.
Common repetitive stress injuries in the workplace are caused by doing a certain motion on a daily basis such as constant use of a computer keyboard and mouse that aren’t ergonomic, heavy lifting bending from the knees or back, gripping tools, and a variety of other tasks that are frequently performed in a repeated manner for several hours each day.
What are my entitlements?
- Medical expenses – including but not limited to ambulance services, treatment, rehabilitation
- Weekly payments – depending on your average income, work capacity and chance to return to work
- Lump sum payment – if your whole person impairment is assessed greater than or equal to 11%. If you are an exempt worker, the threshold is greater than 0%
- Domestic assistance – if your whole person impairment is assessed at being greater than 15% threshold
- Common law – if your whole person impairment is assessed at being greater than 15% threshold and your employment was negligent
How to claim?
Contact your employer and report your injury once you notice it. See your doctor for medical treatment and request your doctor complete the Certificate of Capacity. This document will include the doctor’s opinion on the injury and whether it occurred during the course of employment or not. After getting the certificate, fill out the Work Injury Claim Form and send it along with the completed Certificate of Capacity to your employer.
RSI claim time limit
The time limit to submit a Work Injury Claim Form is 6 months from the date of the injury. On the other hand, if your injuries are assessed more than 14%, the time limit is 3 years for a work injury damages claim.
If you sustained an RSI injury during the course of employment more than 6 months ago, you may still be able to claim depending on the circumstances. Please reach our experienced personal injury lawyers as soon as possible to know your entitlements and how to claim them.
RSI compensation payouts
Other than the medical expenses and weekly benefits, you may be entitled to a lump sum payment and a payout by way of a work injury damages claim for your injuries.
Based on our estimated calculations using multiple averages we estimate that the average RSI compensation payout is $100,000. The compensation payout amount is determined according to your whole person impairment assessment, age, the severity of your injury, your estimated recovery time, your capacity to work and so on. You can contact our lawyers to calculate the amount of payout that you may be entitled to.
Workers compensation claim for RSI
The sooner you act, the faster you may start receiving benefits. Our team of workers compensation lawyers can walk you through the process, thoroughly explain your entitlements and act on behalf of you while you concentrate on your recovery.
Total and Permanent Disability compensation claims for RSI
Depending on the type of your insurance benefits within your superannuation policies, you may be entitled to receive a lump sum payment for being totally and permanently disabled to work. TPD claims are different from workers compensation claims, and they can both be lodged separately. You can reach our experienced TPD lawyers to find out whether you are eligible or not!
Reach Withstand Lawyers today!
Withstand Lawyers specialises in repetitive strain injury claims, reach us to talk to one of our friendly personal injury lawyers to know your entitlements and to maximise your compensation. Call us on 1800 952 898 or fill out the free claim check form below.
Issa Rabaya
• Bachelor of Laws
• Graduate Diploma in Legal Practice
• Approved Legal Service Provider to the Independent Review Office
• Member of the Law Society
