Abstract

Summary The number of cases of work related upper limb disorder, or repetitive strain injury (RSI), coming before the courts has increased dramatically over the last few years. Recent judgements, particularly that of Judge Prosser in the Mughal case, have highlighted the complex nature of the complaint and the difficulties in proving a cause/effect relationship in alleged work-related disorders. This paper reviews the legal issues surrounding RSI and the problems associated with the different nomenclature for upper limb disorders. The statutory duties of the employer and the legal issues associated with recent changes to the health and safety legislation, and the conduct of litigation brought by those who believe they have sustained such an injury through their work are also considered. Finally, some of the arguments that are likely to be advanced by both the plaintiff and defendant in any such case are presented.

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