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RSI Claims
A recent case involved a secretary to a partner in a leading London law firm who was exposed to ‘excessive keyboarding’. She successfully brought an RSI (upper limb disorder) claim based on a breach of the Display Screen Equipment Regulations 1992.
The case was of interest for two reasons. Firstly, the court upheld the need for a proper risk assessment by the employer, and for that risk assessment to then be actioned (and not ignored). Plus, there was emphasis upon the need for training and a greater responsibility on employers to intervene to prevent excessive keyboard work. As such, it is a reaffirmation of existing principles – and, of course, the need to ensure that there are regular rests from excessive keyboarding.
It is the second aspect of the case that is probably more interesting, however. The defendants argued that an ‘intelligent claimant’ would understand the need to take breaks. In effect, it was being argued that this was contributory, because the secretary failed to take sensible breaks and limit her periods of continuous typing – thus bringing misfortune on herself. That argument was roundly dismissed by the court (which described it as ‘insidious’). So, ‘intelligent claimant’ arguments are not likely to get much sympathy. See useful note on Denton Hall v Fifield [2006] EWCA Civ 169 in [2006] LSG 30 March 22.
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