17th June 2009
An employee who developed hand arm vibration syndrome (HAVS) due to his work with vibrating tools was awarded compensation recently, in a claim handled by our specialist personal injury lawyers.
Our client worked for a vehicle manufacturer for a number of years and his role was to polish the bodywork of vehicles and remove imperfections. This involved using vibrating tools such as buffers, polishers and denibbers throughout his working day.
His employer did not have a system of job rotation in place, any restrictions on how long the employees could use the tools for or training provisions on how best to use them so as to minimise the risk of harm. They also failed to warn our client about the risks to his health from the vibrating equipment or the importance of reporting any symptoms promptly. In addition the tools were not always routinely maintained and the vibration would become more pronounced as they became older.
He developed HAVS (often referred to as vibration white finger, or VWF) which, in his case, causes symptoms including pain, tingling and numbness in his fingers and hands. This makes it difficult for our client to handle smaller objects or perform certain day to day tasks and he can no longer continue with his previous job. He was moved to a different role as a result and he will be at a real disadvantage if he needs to look for other work.
At The Legal Line, our lawyers are aware of the importance of this part of a claim, which can often be a very significant percentage of the overall compensation, especially for younger workers; a diagnosis of HAVS can destroy the value of the skills they’ve worked to build up.
Our lawyers, who are specialists in personal injury and industrial disease cases, made a compensation claim against the injured man’s employer on his behalf as he felt their negligence caused his condition.
Initially the defendants refused to negotiate a settlement of damages, so we began court proceedings. The claim was successful and our client received £30,000 in compensation.
Hand arm vibration syndrome has a huge impact on those affected. For many it destroys the value of the skills that they have worked for decades to build up, affecting their earning potential and leaving them handicapped if they need to look for work. It is therefore important that employers take their health and safety responsibilities seriously.
If you have developed hand arm vibration syndrome as a result of your working conditions, or any other industrial illness, you may be entitled to make a personal injury claim.
Contact The Legal Line on 0800 0328511, or by completing a claim enquiry form online, for cost free advice and assistance from our expert personal injury lawyers.