Potential RSI Work Claim

[thunder786]

Right i have been suffering from RSI from work, standard mouse and keyboard stuff and work were aware of the situation.

 

Upon leaving recently i did not make my employers aware that i was going to potentially seek legal action, only going to proceed if im entitled.

 

Anyway upon leaving i was given a signed letter by my director (not signed by me), nor explained to me which stated the following:

 

"Please note that on acceptance of your final wage you agree that you do not hold any outstanding dues against (company name)"

 

Is this legal and can it protect them from any workplace injury claim? Was really peed when i finally read the letter.

[honeybee13]

"Please note that on acceptance of your final wage you agree that you do not hold any outstanding dues against (company name)"

 

Hello there, welcome to the forum. Does it definitely say outstanding dues agains the company please? That sounds like an odd wording.

 

My best, HB

[Emmzzi]

he can say what he likes but it's not legally binding unless you signed something, as it is an unreasonable term.

[thunder786]

well it doesn't say company name, but thats me protecting the firm name.

 

nothing signed from my end on paper, but they did put the money through into my account, really hope that can't stop my claim.

[Emmzzi]

What is far more likely to stop your claim is a lack of evidence. What's to say you didn't cause the injury at home by eg video gaming or a rubbish chair? No ergonomic assessment, no doctor's report while at work, no request for reasonable adjustments = no opportunity for the company to act. Unless you have something saying the employers action or inaction caused the problem?

 

almost no chance of a claim succeeding I'd say, but try a no-win no-fee for a second opinion.

[thunder786]

What is far more likely to stop your claim is a lack of evidence. What's to say you didn't cause the injury at home by eg video gaming or a rubbish chair? No ergonomic assessment, no doctor's report while at work, no request for reasonable adjustments = no opportunity for the company to act. Unless you have something saying the employers action or inaction caused the problem?

 

almost no chance of a claim succeeding I'd say, but try a no-win no-fee for a second opinion.

 

Yeah alot of people have said need evidence, but there was also no training from my employers what so ever regarding computer use, breakage etc. Plus i advised my doctor that the pain initiated from work and progressed to other areas after months.

[Emmzzi]

Yeah alot of people have said need evidence.

 

Listen to them.

[Sidewinder]

Agree with the above, but as a starting point, any claim investigation should be looking for specific Risk Assessments and policies held by the employer regarding workstations, display equipment etc, training records signed and agreed. Also whether there was previous documented evidence of complaints raised, injury recorded, sickness records associated with the injury.

 

Insofar as a disclaimer is concerned, absolutely would not stand up - especially as far as a H&S issue is concerned. Symptoms can sometimes not show immediately and can only be linked to the possibility of it being due to the nature of work some time later - for that reason there is a general three year time limit from the link being made in which to bring claims. Consider also cases of serious lung disease caused by asbestosis where it may be decades later that a link is made - liability cannot be absolved by a disclaimer.

 

You can refuse to sign the disclaimer and they still have to pay you otherwise you have a valid Tribunal claim for Unlawful Deductions!