Hello again everyone!,

Since your advice, i have contacted a couple of firms of solicitors to find out if i can possibly claim again my employers for TOS...i did various searches to try and find a firm that has dealt with occupational diseases.

I just had a call back from one of them and they advised that it would be difficult to prove any negligence against my employers at the time (partly due to the fall i had prior to the TOS and the fact that they did make occupational therapy consultations and got me a new chair and keyboard). I did point out that the first chair was deemed i incorrect for my body type by another occupational therapist. (after about 6-9 of using it though!).

Did any of you hit this hurdle at the first attempt of claiming?...

It is harder to claim in the UK i think......

Hi Tracy,
I can only give you the information we experianced. On the original clam from the TOS injury the wmployers carries had a IME doctor state a child hood birth injury caused the TOS. THe Judge ruled it was far too unbelievable to be coincidential to ever expect that after her work injury at age 16 the TOS developed. We had the same pedicatrician and he documented that she was never treated after birth discharge or had any complaints through childhood to relate to the injury an. symptoms on the date she was hurt.

The same judge though on the escalation to point of total disability had nothing to do with the work station, lifting trays of haburger /hotdog rolls, to distributors that did not get the correct orders. Also the equipment, she needed a headset phone spending hours a day resting the phone on her shoulder as she altered or entered orders all day long.
Judge said she had TOS, and it would have gotten worse even if she had been at home not working. We appealed twice after that and ran out of options. There was no evidance entered to ever suggest that she would have gotton worse. There was evidance from esclation of symptoms to the point the employer left ehr go as she was too injured to work for them....

Sucked big time. Orig injury claim was $45 every two weeks, the claim at Holsum Bread distrabution would have been $1,000 every two weeks.
We never got over the life altering affect the legal system can have on a person. Like the coal mine days, disable you and hang you out.

I wish you luck and perhaps if there is a type of social security disability UK offers perhaps that is the best way to go. Did the employer have short term disability insurance? WHen the w/c system is completed here and an award made for settlement many of us are on SSDI instead of W/C.
di

I have WC coverage for my TOS, but mine is traumatic TOS after a specific lifting injury.

I wish you luck, but I think the RSI thing is harder to prove causation (even though we all "know" what did it)

Where is hairdresser ? I know she had to quit because of the RSI, but I'm not sure if she was able to get WC coverage for it

Tracey I'm sorry for your pain, but I wondered if you'd posted in our Worker's Compensation Forum about this at all.

One of our members, lefthanded, has lots of experience in this area and is often kind enough to give an opinion on cases like your own.

Just a thought.

I was alerted to your issue here. I have to say I really know nothing of worker's compensation in anywhere but a couple midwest states and Washington State in the US. Even then, each and every state has a different opinion as to how repetitive use injuries should be handled, as well as whether pre-existing conditions are completely excluded or open to aggravation by work. In the US w/c is a no fault system, but injuries usually must be shown to arise out of or in the course of performance of work duties, or out of a condition of employment. This is the "but for" test: "but for" the accident or activity at work your injury/condition would not have occurred.


I will see if I can find your other posts, as I am sure you have given more details there, but doubt, with my limitations, that I can help much. . . .

Thanks once again for all your replys....i have not been able to reply for a few days as my wrist is playing up again - feels like it is getting a little more bony again! Sometimes im sure i can just feel the muscle wasting away.....feels like a deep itch - im soooo fed up with it!

Im going to contact a couple more firms of solicitors, but feel that your cases may be different to mine slightly (direct injury or congenitial birth defects causing tos) so i dont like my chances of a sucessful claim!

hope everyones well
x