GENERAL ADVICE – OCTOBER 2020

Do Injuries “Occur Over a Period of Time”?

Yes and no!

Injuries occurring “over a period of time” are not of a single type, variety or format. Some injuries are at the minor end of the scale and complete healing can occur during the period of insult application or even after cessation of application of the insults.

Other insults are of such great magnitude that even one application would be sufficient to give rise to some form of permanent impairment and/or disability.

Repetitive strain injuries, or so-called “RSI”, were very common 30 years ago. Every scribe, every typist and every factory worker seemed to suffer with RSI around the wrist or the hand. Many millions of dollars were probably wasted on this alleged condition until the profession finally called a halt.

It should also be appreciated that Plaintiffs not only engage in remunerative activities that could give rise to injuries “over a period of time”, they are also concomitantly leading a normal life. That is to say social, recreational and domestic insults may also be adding to the injury spectrum. Processing all of these components and apportioning blame fairly can be almost impossible. I am not suggesting that we should not try, and neither do I believe that the concept is unreal. Instead, I am simply acknowledging the difficulties that exist.

It is always much easier to deal with the analysis of the aftermath of a single serious injury.