WORK RELATED UPPER LIMB DISORDERS (WRULD)

What is it?

The term “Work-Related Upper Limb Disorder” is frequently used as a label for a number of different medical conditions. The term “Repetitive Strain Injury” (RSI) is also sometimes used to describe these conditions.

Repetitive work may cause injury to certain parts of the body such as the shoulders and back, but by far the most commonly encountered conditions affect the hands and arms. These are as follows:-

a) Carpal Tunnel Syndrome

b) De Quervains Syndrome

c) Epicondylitis

d) Golfers Elbow

e) Peri -Tendinitis

f) Tendinitis

g) Tennis Elbow

h) Tenosynovitis

i) Trigger Finger

j) Writer’s Cramp

k) Bursitis

Symptoms

The symptoms include pain, loss of grip, weakness and tingling in the hands and fingers. The pain can be severe and disabling. It can interfere with domestic duties so as to affect the ability to undertake normal household chores such as ironing, lifting heavy items of furniture or twisting open/closing lids on jars.

Causes

The occupations most at risk are as follows:-

a) Assembly workers

b) Packers

c) Chicken Pluckers

d) Chicken Eviscerators

e) Keyboard operators

f) Supermarket checkout operators

g) Printers

h) Brick makers

i) Vegetable peelers

The following factors contribute to the risk of onset of Work-Related Upper Limb Disorders:-

a) Unsuitable or awkward posture, insufficient rotation of duty

b) Working to a bonus

c) Insufficient rest periods

d) Repetition of movement

e) Changing to un-accustomed tasks

f) Working on a poorly designed work station

g) Working with poorly designed tools and equipment

The most important factor is frequency of movement which normally causes the relevant part of the body to become overused and the medical condition to arise.

The Law

There are several statutory provisions which impose duties upon employers to take care for the health & safety of their employees. The relevant provisions are:-

a) Factories Act 1961

b) Display Screen Equipment Regulations 1992

c) Management of Health & Safety at Work Regulations 1990

d) Management of health & Safety at Work Regulations 1999

e) Workplace (Health Safety & Welfare) Regulations 1992

f) Manual Handling Operations Regulations 1992

g) Provision & Use of Work Equipment Regulations 1992

h) Provision & Use of Work Equipment Regulations 1998

i) Personal Protective Equipment at Work Regulations 1992

Should a breach of these regulations be established then the Claimant has a good prospect of succeeding with the claim.

Case Studies

Case Study 1

The Claimant, aged 46 at the date of the trial, developed a partial tear of the common flexor origin in the right elbow (Golfers Elbow) when working on a casting machine for a period of approximately two years. At the trial he had constant pain in both elbows and shoulders and could not grip anything with his right hand. Since August 1993 he had been employed in a job which did not entail any heavy lifting, bending or twisting. He had had time off work because of continuous symptoms. The court awarded him damages in excess of £17,000 because of his injury.

Case Study 2

The Claimant, female, aged 41 at the date of the onset of symptoms and 46 at trial, had been employed as a machine operator for 17 years when she developed Lateral Epicondylitus (Tennis Elbow) in her dominant right arm. She had to have 30 sessions of physiotherapy which were of little benefit to her. Surgery was eventually performed to release the common extensor origin but, again, with no discernable benefit. Her everyday activities were severely restricted and she was dismissed by her employer on the basis of incapacity. The court awarded her damages in the sum of £22,170.

Case Study 3

The Claimant, aged 29 at the date of trial, experienced pain in his wrists, elbows and shoulders in the course of his employment. He was diagnosed as having Tenosynovitis in his left wrist, which caused him to have 8 weeks off of work. He was then in receipt of Invalidity Benefit for nearly two years after which time he obtained work in a tyre factory, but lost that employment during the course of the trial because of a recurrence of Tenosynovitis. He was unable to play with his children properly, garden or do motocross, a previous hobby. Damages of £38,640 were awarded by the court on account of his injury.