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      What is a Repetitive Strain Injury workers comp claim?

      Repetitive Strain Injury (RSI) covers a range of issues caused by doing the same movements over and over, overusing certain muscles, or having bad posture while working.

      Also known as ‘Repetitive Stress Injury’ or ‘Repetitive Motion Injury’, RSI often affects your muscles, nerves, and tendons, leading to pain, stiffness, and less mobility. All sorts of jobs can cause RSI, from factory work to office tasks involving typing or repetitive motions.

      If you’ve developed RSI because of your job, a workers compensation claim offers weekly financial support.

      Keep reading to find out more about your RSI compensation claim, including how to prove your case and how much compensation you could get.

      Can I claim for Repetitive Strain Injury​?

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      Find out if you’re eligible for RSI compensation today.

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      Generally speaking, you can claim workers comp for Repetitive Stress Injury​ if you develop an injury or illness at (or because of) work. It doesn’t matter:

      In many cases, it’s easy to show that an injury happened at work: you might’ve hurt your back lifting something or broken a leg falling from a height. But since RSI injuries develop over time, it’s not as simple to prove your condition is work-related. You’ll need strong medical evidence and expert testimony to link your RSI to work.

      This evidence is also key if the insurer disputes your claim. Unfortunately, this is all too common with RSI compensation claims because it’s harder to prove exactly when and how the condition developed. Whether they argue that work isn’t the main cause of your RSI or that it was a pre-existing condition, you’ll need strong evidence to counter each of the insurer’s claims.

      Before starting your RSI workers compensation claim, we strongly suggest seeking legal advice. A specialist lawyer can build a timeline of your RSI injury and gather evidence proving it was caused by work.

      Common examples of RSI injury claims

      We’ve spent over 25 years helping injured people claim workers comp for Repetitive Stress Injury​. In our experience, these are some of the most common conditions you can make an RSI claim for:

      • Carpal Tunnel Syndrome: pain, tingling, or numbness in your hand and fingers, often from typing or using a mouse too much.
      • Tendonitis: inflammation of the tendons in your wrist, elbow, or shoulder caused by repetitive motions.
      • Tennis elbow: pain around the elbow, often from repetitive arm motions like lifting or twisting.
      • Trigger finger: when your finger gets stuck in a bent position due to overuse.
      • Bursitis: inflammation in the joints, usually in the shoulder or elbow.
      • De Quervain’s: pain in the thumb and wrist area, often from repetitive thumb movements.
      • Rotator cuff injury: shoulder pain from repetitive overhead work or lifting.

      If your condition isn’t mentioned, don’t worry — this is just a sample of what you can claim for. To find out if you’re eligible for compensation, speak with an expert Repetitive Strain Injury lawyer​ today. In a free consultation, we’ll assess your situation and figure out whether it qualifies for compensation.

      Can you claim compensation for RSI?

      You can make an RSI compensation claim if your condition means you’re unable to work.

      You’ll receive weekly workers compensation payments to cover lost wages and medical bills. If you become permanently impaired because of your RSI, you might get an extra lump sum payout. Plus, if your RSI happened because of your employer’s negligence, you could have a common law damages claim.

      Your exact RSI compensation payout will depend on your specific situation.

      Most RSI workers compensation claims come with a few basic entitlements, like:

      • Weekly payments to cover lost earnings (up to 95% of what you made before the injury).
      • Hospital and medical expenses.
      • Access to rehabilitation, counselling, and other support services.
      • Reimbursement for travel expenses related to your treatment.

      If your RSI causes long-term issues, you could receive an additional lump sum payment. To qualify, you’ll need to meet your state’s minimum impairment level. For example, in NSW, you’ll need a Whole Person Impairment (WPI) of 11% or more to qualify for a lump sum.

      To learn more about how to secure your lump sum, take a look at our comprehensive guide to permanent impairment claims.

      If your RSI is caused by your employer’s negligence, you might have a common law damages claim. To make a successful claim, you’ll need to:

      • Prove negligence: show that your employer didn’t take reasonable care for your safety and how this led to your RSI. Common examples of employer negligence include not providing enough training, pushing you to work unreasonable overtime, or failing to give you proper safety gear.
      • Meet impairment levels: you’ll need to meet your state’s minimum impairment level, which is assessed by a medical professional. In NSW, for example, you’ll need at least 15% Whole Person Impairment (WPI) to make a claim.

      If you win your claim, you could get a significant lump sum settlement — often in the hundreds of thousands. In more severe cases, you could receive millions.

      Your exact compensation will depend on a few key factors, including:

      • The type and severity of your injury.
      • How your injury affects your ability to work.
      • Your future work capacity.
      • Your job prospects down the line.

      How long will my RSI workers comp payments last?

      Your weekly RSI workers compensation payments can last anywhere from a year to five years, depending on how serious your injury is and where you live.

      For instance, in Victoria, you can get payments for up to 130 weeks (about 2.5 years). While in NSW and Queensland, you might be eligible for up to five years.

      If you want to keep receiving payments after this period, you usually need to meet your state’s minimum impairment level. In NSW, for example, you’ll need to have over 20% Whole Person Impairment (WPI) to continue getting payments after five years.

      How much does it cost to make an RSI injury claim?

      Absolutely nothing! In NSW, a workers compensation claim for Repetitive Strain Injury​ is fully funded by the Independent Review Office (IRO). This means we can help with your claim at no cost.

      If your RSI causes permanent impairment, you might also be eligible for other claims like Total and Permanent Disability (TPD), which can result in big lump sum payments. Although the IRO doesn’t cover these additional claims, you’re still protected by our No Win No Fee guarantee.

      The RSI claims process

      Every repetitive injury workers comp​ claim is unique, but you’ll likely move through the following steps:

      After a workplace injury, it’s important to follow these steps:

      • Notify your employer: each state has its own deadlines for notifying your employer about your RSI. For instance, in NSW, you need to let your employer know within 30 days of developing the condition. However, since RSI often develops over a long time, the time limit usually starts when you first realise you have RSI.
      • Seek medical care: make sure to see a doctor for treatment of your RSI. They will also provide a ‘certificate of capacity’, which is crucial evidence for your workers compensation claim.
      • Request a claim form: you need to ask your employer for a workers compensation claim form. If you’d rather not deal with them directly, you can get a form from your state’s workers compensation insurer instead.

      It’s really important to talk to a lawyer as soon as you can. In a free consultation, we’ll discuss whether you’re eligible for Repetitive Stress Injury workers compensation​ and put together a plan to get you financial support quickly.

      We’ll also look into your eligibility for a permanent impairment lump sum, plus any extra claims you might have, such as common law damages or Total and Permanent Disability.

      If you choose to work with us, your lawyer will get started on your Repetitive Strain Injury workers compensation​ claim immediately. They’ll apply for any urgent benefits or care you need, such as weekly compensation, medical expense coverage, and any additional support you may require at home.

      Your lawyer might need to get some medical information from your doctors to really understand your injury and how it’s affecting your life. We’ll also leverage our network of medical experts to gather compelling evidence showing the severity of your RSI and its impact on your daily life.

      We’ll lodge your​ claim for you, taking care of all the paperwork and ensuring we meet all the deadlines.

      At this stage, we’ll begin working on securing your permanent impairment lump sum and any additional claims. These claims can result in significant payouts and are essential for making sure your compensation accurately reflects the financial, emotional, and physical impact of your condition.

      Thanks to our strong reputation and careful approach, the insurer is likely to settle your claim quickly and fairly. But if your claim gets denied, don’t worry — we’ll fight back and file a dispute to make sure you receive the compensation you truly deserve.

      Meet the team

      Our team use their extensive experience to increase your chances of success. We’ve won many awards for our work, including ‘Compensation Law Firm of the Year 2020 GBM Global Awards.’

      Leon Monaco
      Managing Partner
      • English, Russian
      • Workers Compensation, TPD, Motor Vehicle Accidents, Public Liability
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      Medea Hanna
      Senior Associate
      • English
      • Workers Compensation, Comcare, Dust Disease
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      Jamie Palivos
      Associate
      • English
      • Workers Compensation
      View full bio
      Meet more of the team

      Frequently asked questions

      While many workplace activities could cause RSI, here are some of the most common:

      • Repetitive activities without breaks: engaging in tasks like picking items from shelves, typing on computers, or operating machinery for long periods without rest can lead to RSI.
      • Production and assembly lines: jobs on production lines often require repetitive actions at high speeds for extended periods, leaving little room for breaks.
      • Heavy lifting: lifting heavy objects puts extra strain on your muscles, nerves, and tendons, increasing the risk of developing RSI over time.
      • Poor ergonomic design: workstations that aren’t set up ergonomically — like some office environments — can heighten the chances of repetitive strain injuries.
      • Using vibrating tools: frequent use of tools that produce excessive vibrations, such as power drills, jackhammers, air guns, and chainsaws, can harm your hands and arms.
      • Operating machinery: jobs that involve repeated actions over long periods, especially in manufacturing and warehouse settings, can contribute to RSI.

      Strict time limits apply to all RSI injury claims. Each state has its own time limit, so you’ll need to ensure your claim is filed before your deadline.

      NSW, QLD, SA and TAS6 months of becoming aware of your RSI
      VIC30 days of becoming aware of your RSI
      WA12 months of becoming aware of your RSI
      NT6 months of becoming aware of your RSI
      ACT3 years of becoming aware of your RSI

      If you’ve missed the deadline to file your claim, don’t panic. Our skilled lawyers understand the time limit exceptions for each state and can apply for an extension on your behalf. Over the years, we’ve successfully helped hundreds of clients get their delayed claims approved.

      How long your RSI claim takes depends on a few factors, like how serious your injuries are, what treatment you need, and — most importantly — how well your claim is put together. Generally, you can expect your claim to be resolved within 12 months of your RSI stabilising, meaning it’s unlikely to get better with time or more treatment.

      For a better idea of how long your claim might take, get in touch with us today. With decades of experience in Repetitive Motion Injury workers compensation claims, our lawyers will ensure the process is as smooth and fast as possible.

      Absolutely! You can claim workers compensation for RSI even if you’re working from home. However, to ensure your claim is successful, you’ll need to establish two key factors:

      1. The injury occurred during work hours: you need to demonstrate that your injury arose while you were working. This means the incident that caused your injury happened during your designated work hours and at home, which is considered your workplace for this purpose. If you were working remotely with your employer’s approval, you meet this requirement.
      2. Work was the main cause: you must prove that your injury resulted directly from your work duties. In other words, if you hadn’t been performing your job tasks at home, the injury wouldn’t have happened. This could involve showing that specific activities related to your work, like typing or using equipment, contributed significantly to your condition.

      If you believe you meet these criteria, it’s crucial to gather solid evidence to support your claim. This includes things like medical records and documentation of your work activities. The good news? You don’t have to collect this evidence on your own. Our expert lawyers are here to handle that for you. We’ll guide you through each step of your work-from-home claim process and help you secure the compensation you deserve.

      If your RSI workers compensation claim gets denied, you have to right to appeal the decision. The insurer has to give you a notice explaining why they denied your claim, and you can ask them to review it at this time.

      To win your appeal, you’ll need to show that the insurer made a mistake. Since this process can be pretty complicated, it’s a good idea to get legal advice before jumping into an appeal. Our lawyers have a strong history of successfully overturning denied claims. In a free consultation, we can examine your insurer’s decision and come up with the best plan for your appeal.

      To learn more about what to expect, head to our guide to appealing a denied workers compensation claim.

      Temporary income support

      During the appeals process, you might be without income for a while. If that happens, make sure you take advantage of your employment benefits. Start with:

      • Sick leave (since this won’t be paid out if you leave your job).
      • Annual leave.
      • Long service leave.

      Income protection

      Your super policy might automatically include income protection benefits, which offer temporary financial help while you’re unable to work. If you’re unsure about your income protection options or what’s included in your super, reach out to us today. Our team can review your policy and give you a free assessment of your entitlements.

      Government unemployment benefits

      You might also be eligible for government benefits like JobSeeker or the Disability Support Pension, which can offer extra financial support while you’re unable to work.

      Yes, you can — workers compensation is designed to support you financially until you’re able to return to work. Your legal team will guide you through the best options for your situation and assist you throughout the claims process.

      If you’re unable to go back to your previous role, workers compensation offers several alternatives:

      • Suitable duties: your employer may offer a different role that fits your capabilities.
      • Retraining programs: you could qualify for retraining to help you transition into a new job or career.
      • Partial capacity to work: if you can work in a limited capacity, you may still receive compensation to cover the rest of your income.

      It’s illegal for your employer to fire you within the first six months after a workplace injury simply because you can’t return to work. After that six-month period, they can terminate your employment, but they need to show that they’ve fulfilled all their obligations to you.

      This means they have to:

      • Create an injury management plan with you and your workers compensation insurer to help you get back to work.
      • Follow all the steps outlined in that plan.
      • Offer you suitable work options once you’re cleared to return, considering any restrictions (like needing shorter hours or limited repetitive movements).

      Even if you’re fired, your compensation can continue as long as your doctor says you’re unfit to perform your pre-injury job.

      Yes, you might have several claims for the same RSI injury. Your entitlements will depend on factors like your state, the severity of your injury, and your ability to return to work.

      During your workers compensation process, we’ll also assess your other potential claims. In many cases, clients with serious RSIs qualify for additional claims that can be worth significantly more than their initial claim.

      Income protection claims

      If your RSI has temporarily prevented you from working, you might be eligible for an income protection claim. Here’s what you could receive:

      • Monthly payments to replace your wages.
      • Up to 75% of your regular income, including superannuation.
      • Payments for a specific duration, such as 2 years, 10 years, or even until you reach retirement age.

      Total and Permanent Disability (TPD)

      If your spinal injury permanently stops you from working, you could be eligible for a Total and Permanent Disability (TPD) claim. Unlike monthly income protection payments, a TPD benefit provides a significant lump sum meant to support you for life. Many superannuation policies include this insurance, so you might already be covered without knowing it.

      See more FAQs

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      How a Repetitive Strain Injury lawyer​ can help

      With over 25 years’ experience, we know how to secure the Repetitive Strain Injury compensation​ you deserve. As part of our comprehensive service, we’ll always:

      • Explain if you can claim for Repetitive Strain Injury​ and outline the claims process.
      • Ensure you receive the support, treatment, and time off work you need.
      • Gather strong medical evidence to prove that your RSI is work-related.
      • Negotiate with the insurer on your behalf.
      • Challenge any claims from the insurer, like if they say your RSI is pre-existing.
      • Appeal if your claim is denied or if you get an unfair settlement.
      • Identify any additional entitlements, including a common law damages claim.
      • Secure the maximum compensation possible for your Repetitive Strain Injury compensation claims.

      Speak to one of our friendly lawyers

      Email us 1300 769 665

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