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Anyyone claimed or had any experience of an RSI claim?

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Postdog | 12:23 Sat 24th May 2008 | Law
9 Answers
It's early days yet, which is why I have not contacted anyone I should about this, but the situation is a bit worrying, and I am just wondering how I might stand.

I have been a delivery postman for just under twenty years, and two months ago, I became aware of a serious problem with my knee which meant taking time off. On seeing my doctor, he provisionally diagnosed it as a torn cartilidge, booked an MRI scan, (which I have just had!) and we are waiting for results.

Whatever the diagnosis, there is something wrong with my knee which until treated (if treatable) effectively stops me from doing my job, and the future of that is in doubt. I am currently working again doing light duties in the office, but long term I would not be happy with that.

Anyway, to my mind I would not be in this situation had it not been for those twenty years of pounding streets, up steps, up stairs etc etc, and I am just wondering if I have any cause to make a claim.

As I say, it is early days - I have yet to be properly diagnosed, so as yet I haven't involved the union until I know the facts of what it is, treatment etc. but with a motgage and commitments etc I am concerned.

Anyone have any views or comments that I should perhaps be aware of?

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I hope your problem gets better and that you can find some suiatble alternative work.
But I'd be very surprised if youwould ahve any chance of success with a claim. I
t seems to me that walking is part of a postman's job- in fact many many workers have to walk, sit down and stand up. pick up phone handsets (must be RSI there?), talk to customers (wear and tear on jaws?), stand up (stress on feet), making decisons (stressful) , using a keyboard (RSI again), carrying files, etc,- so the potential for claims could be enormous.
But I guess there has to be negligence- so you could claim if you were forced to carry an overweight bag or didn't receive training in lifting and as a cosequence you got a back injury. Or you can claim for RSI if you use a keyboard and your company doesn't give DES guidance or do DSE assessments.
But walking? Maybe the Royal Mail is expected to give training in how to walk. Or get lifts installed in all blocks of flats. Or provide bikes (oops, pedalling RSI) or a chauffeur driven car. I suppose there may be an obligation on them to monitor your health though, and there should have been a Risk Assessment done for delivering post. I'd ask your union or manager for a copy of the health and safety risk assessment for postal delivery work, and see if that mentions how to avoid walking injuries- and see whether the company has done what's required.
Question Author
Ta for the (long) answer. Like I said, it is early days, and part of my confusion on the subject is that I have seen claims for RSI being made over some seemingly pathetic things that has made my mind boggle.

There are H & S rules in place obviously, but a lot of these are just token warnings, not worth the paper they are written on. In fact they can conflict - a few years ago rules were brought in to protect one group of workers which only exposed other workers to risk, and I actually had a serious back condition which costs me money to put right - money I would not have had to spend had they investigated the problems these new rules might cause.

I'm going off track a little here, as had it been an accident on duty - even if my fault in a way - I'd probably be in a better position than I am. Walking delivering maIl is not like ordinary walking, as you expose yourself to many different leg movements which you would not ordinarily experience. You cannot "train" anyone to walk as such, and in this case I just think it is the frequency and duration of walking that has done this. Although weight limits per bag are set, we have to carry a lot more these days, which can't help.

My query is based on the fact that I HAVE done this for a long time, and I could possibly be out of a job as a pure result of doing this job. Worse comes to worst, I KNOW I could be medically retired, and get a small pension becsuse of, but thea doesn't help pay the bills.

I guess I will have to leave it all until properly diagnosed, etc.
hi, i can't give you advice on the RSI situation other than to agree with the first poster. However, i have recently had experience of having to give up a career i loved and had trained for (nursing) owing to ill health/mobility problems. I had no idea at the time if i woud be able to work again and i have to say i felt wretched for some time! Not nly was i worrying about not being a nurse any more, but also had to think about mortgage, bills etc too. i couldn't face the world for some weeks. However, where there is a will there is a way. I couldn't bear the thoguht of not working for a living, so found myself a job where the mobility issue dosen't come into play, i just have to get myself to my desk and home again mostly.
It represented a huge change of direction for me, but do you know what? I like it better! i'm really enjoying not mising all the ****** bits of the old job. and really relishing getting new skills
I know its early days for you, and its hard to see the future and what the outcome will be, but i just wanted to remind you it might be better rather than worse!
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Ta bednobs. My situation is a little different - I have never actually loved the job aside from (a) having no bosses to answer to for most of the day, (b) the people I see, some of whom I consider friends now, and most importantly (c) the money. Where I live. the salaries are a joke, and at the moment I am getting (or at least I would if I was working normally) a London salary locally (I live just outside) with no fares to pay and only three minutes drive away from home. There have been times in the past when I wanted to change my job, but nothing came anywhere near money wise, let alone anything else, so that's the thing - if I lose my job because the job has basically done my knee in, I lose the house too. It's bad enough now because I am on basic with no allowances I would normally get, whereas when I was off sick, I spent less and could theoretically claim on my insurances.
if you have insurances, then that is a good thing and shoukd give yu a comfort zone while you find other work. Just because you couldn't find other work that suited you before then dosent mean you cant find it now
sorry pd, just realised my last answer was totally off the q and most unhelpful!
Question Author
No, not really - I have insurances for the main things, and I have my basic for six months sickness, but to be honest I am loathe to use them unless I have to. As far as I know they only pay out for a year top whack and I don't know if they get invalidated for intermediate claims for the same thing. Whatever, as you said, if it comes to it, it's a buffer.
To your mind and quite likely in reality your job has aged your knees prematurely. However proving that it was exclusively your job and not the rest of your lifestyle is not going to be easy. You may have been susceptible due to inherant weaknesses or previous sporting injuries. This is what the defence lawyers will be arguing.

The sad fact is that our bodies wear out with use. We can't do the same jobs as we age. It is hard to swallow but that is how it is. A few years ago I learnt this the hard way. I was diagnosed with osteoarthritis due to hard work on a farm and many miles pounding bitumen as a long distance runner in my youth. Basically I had worn my knee cartilages down to a sliver.

The doctor told me to avoid squating, kneeling, stairs and ladders. He also told me there was nothing that he could do and I needed to learn to live with it until I was old enough to get artificial knees. This was pretty depressing as I had alway been a very fit and active person.

I was regularly in agony and this was just lying in bed at night or driving a car. I backed off and started eating a lot of gelatine. My knees are still not great but way better than they were before. But if I had kept up what I was doing I would be a cripple now.

If your job has taken its toll on your knees you really should be looking at different work to make what is left of your knee cartilages last longer and give them a chanve to recover. You are best advised to get used to light duties. Once you consider the alternatives the choice is pretty easy.
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Ta for the answer. I agree with you on aging, and that it could just be down to that. It certainly isn't down to anything else as literally for the last ten years or so, after work I have always been too tired to do anything remotely strenuous, and I have never been in sports of any kind.

You are probably right in that I am going to have to evaluate a few things. Trouble is, as I said earlier, my income is pretty high in relation to other work in the area, and I will be unable to complete the mortgage. It could well be that I have no choice but to cash in on my house ( I have over �100,000 equity at least ) and move elsewhere - as I said it is all waiting at the moment.

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