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PIAB - Repetitive strain injury

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  • 14-11-2019 1:35am
    #1
    househero
    Registered Users Posts: 1,094 ✭✭✭


    The PIAB was set up to avoid the need of solicitors for small injury claims.

    In it you have to identify a party at fault, the responsible person.

    But if the injury is repetitive strain injury, clearly a serious injury experienced over time. Who is identified as the responsible person?


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    #2
    LastStop
    Registered Users Posts: 309 ✭✭LastStop


    Couldn't see how a repetitive strain over time would equate to a Personal injury claim.

    I'm not counsel but I'd be asking, why did you continue to the action if you knew it was causing injuries. Might need a class action like the Army and the gun or bus drivers and back injuries.


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    #3
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,712 Admin ✭✭✭✭✭hullaballoo


    Actionable repetitive strain injuries are usually in the context of an employment where your job requires repetitive strain and that repeated strain causes an injury.

    There, the responsible person is fairly obviously either the employee for not performing the repetitive task correctly in line with training or the employer for not providing training on how to correctly and safely perform the repetitive task. Or a mixture of both.

    Outside of this kind of relationship, it can be difficult to take an action for repetitive strain injury.


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    #4
    nuac
    Moderators, Society & Culture Moderators Posts: 6,769 Mod ✭✭✭✭nuac


    Mod
    Title amended


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    #5
    coylemj
    Registered Users Posts: 25,351 ✭✭✭✭coylemj


    househero wrote: »
    The PIAB was set up to avoid the need of solicitors for small injury claims.

    In it you have to identify a party at fault, the responsible person.

    But if the injury is repetitive strain injury, clearly a serious injury experienced over time. Who is identified as the responsible person?

    Life?

    This is a serious case of putting the cart before the horse.

    I have an injury, I wonder who I can sue?


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    #6
    househero
    Registered Users Posts: 1,094 ✭✭✭househero


    coylemj wrote: »
    Life?

    This is a serious case of putting the cart before the horse.

    Thank you for your deep insight in to the subject.

    However in the book of quantum used by the piab, a wrist repetitive stain injury is indeed included and is a legitimate injury causing serious ongoing disability either temporary or permanent.

    This is a legal discussion about the piab and issues a victim might encounter in making a claim without legal aid.

    The whole point of the piab was to avoid the need of legal assistance.


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    #7
    Eggs For Dinner
    Registered Users Posts: 2,944 ✭✭✭Eggs For Dinner


    PIAB will indeed assess a repetitive strain injury. However, that is miles away from establishing a culpable person or body. Who do you think is responsible for your injury?


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    #8
    coylemj
    Registered Users Posts: 25,351 ✭✭✭✭coylemj


    househero wrote: »
    Thank you for your deep insight in to the subject.

    However in the book of quantum used by the piab, a wrist repetitive stain injury is indeed included and is a legitimate injury causing serious ongoing disability either temporary or permanent.

    This is a legal discussion about the piab and issues a victim might encounter in making a claim without legal aid.

    The whole point of the piab was to avoid the need of legal assistance.

    This is not a legal discussion. What you're about is called a fishing expedition.

    You have a sore wrist and (while providing absolutely zero background) you're asking a bunch of anonymous internet users to tell you who you can sue.


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    #9
    NUTLEY BOY
    Registered Users Posts: 2,344 ✭✭✭NUTLEY BOY


    Many things that we do in life may well cause RSI without there being any issue of fault if I read coylemj correctly. I would agree with that argument.

    As already pointed out above a RSI is most likely to be acquired in a work context making it an employers' liability type claim.
    If a liability for an RSI is to be established the plaintiff has to prove fault on the part of the employer.
    The standard of proof is that of the balance of probabilities

    I have dealt with some RSI type cases over the years where significant injury was experienced by the employee with some plainly observable and clinically diagnosable symptoms.
    Some people look at RSI like whiplash and have equal disdain for it. RSI actually seems to be easier to diagnose than whiplash.

    FYI here is what the NHS says about RSI https://www.nhs.uk/conditions/repetitive-strain-injury-rsi/


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    #10
    randomrb
    Registered Users Posts: 351 ✭✭randomrb


    If you were to bring a claim against your employer for a RSI there are several things you would need to do;

    1. Identify the activity that caused it
    2. Was the risk of RSI identified by employers H & S
    3. Did you raise the issue with your employer
    4. Did you have the correct equipment or training for the job etc

    You can't bring a claim through PIAB if you don't know who caused the injury, that isn't a problem with the system. What we have is bad enough without people submtting claims to PIAB saying "I have a sore back can you find out who is liable? "


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