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Home > Accident Types > UK Industrial Disease Claims > Vibration White Finger / Hand Arm Vibration Syndrome

 

Vibration White Finger / Hand Arm Vibration Syndrome

If you are suffering from vibration white finger caused by your working conditions, you may be entitled to claim compensation. Our specialist personal injury lawyers can provide expert claim advice and assistance, so contact us on 0800 032 8511 or by completing a claim enquiry form.

What is Vibration White Finger (VWF)?
Employers' Liability Claims
VWF Symptoms

Carpal Tunnel Syndrome
Making a Personal Injury Claim
HAVS / Vibration White Finger Compensation
Our Industrial Injury Lawyers

Successful HAVS / Vibration White Finger Claims

What is Vibration White Finger (VWF)?

Vibration White Finger (also often called Hand Arm Vibration Syndrome, or HAVS), is a condition of the fingers and hands caused by extensive use of vibrating power tools.

Commonly found in workers persistently using pneumatic drills, hammers, grinders, chainsaws, impact wrenches, sanders, strimmers and other power tools, VWF can affect a person’s ability to work or carry out regular daily activities.

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Employers’ Liability Claims

If a person is suffering from an injury related to working with vibrating machinery and tools, it is often possible for them to make an injury compensation claim against their employer. This is because employers have a legal duty to protect their employees from any foreseeable risk of injury.

Although the risks of constant work with vibrating tools is now widely known, this was not always the case. It is considered that after 1976 most reasonable employers should be expected to have had knowledge of the risks of such activities and act accordingly. Injuries caused by carrying out this type of work prior to 1976 would not usually be considered eligible for compensation. If an injury was sustained through working conditions after 1976 however, a claim is usually possible.

There are exceptions to the 1976 rule. The date of knowledge of sufferers previously employed in the mining industry is 1975. In some cases the Courts have found that certain employers did not have knowledge of the risks until a date later than 1976.

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VWF Symptoms

Sufferers of Vibration White Finger or Hand Arm Vibration Syndrome will usually experience tingling and possibly aching in the fingers, accompanied by coldness.  In most cases the symptoms are more noticable in cold weather.

There is often a noticeable colour change, in that the fingers may become whitened or even appear to be a bluish-purple colour.  This is due to disruption in the flow of blood / circulation within the fingers.

The symptoms can be intermittent or more constant and, in some cases there may also be some numbness or loss of grip strength. This can lead to the sufferer having difficulty with handling particularly small objects or carrying out certain domestic or work tasks.  For example VWF sufferers may find it difficult to handle pins or nails, fasten buttons on clothing or pick up coins if their condition is severe.

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Carpal Tunnel Syndrome

Exposure to vibration may also cause a person to develop a nerve disorder known as Carpal Tunnel Syndrome (CTS). Sufferers may experience pain, tingling and numbness in parts of the hand and these symptoms may cause sleep disturbance. The symptoms can be intermittent or constant.

CTS may develop amongst sufferers for reasons entirely unconnected with the use of vibrating tools and medical evidence will be required to establish the cause of the condition.

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Making a Personal Injury Claim

In order to make a successful claim, it is important to seek the advice of a specialist personal injury lawyer, with experience in claming compensation for the victims of industrial injuries and diseases.

In every case, medical evidence will be required and it is necessary to show that the person you are making a claim against owed you a duty of care, that they breached that duty of care (what is known in law as negligent), and that the injury you sustained was a reasonably foreseeable consequence of that negligence.

Your lawyer will be able to collect all of the relevant evidence and information and advise on the best way to pursue your claim.

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HAVS / Vibration White Finger Compensation

There are two elements to a compensation award.

The first, called general damages, is for the pain and suffering you may have gone through and any loss of amenity (perhaps an inability to wash your car, look after your garden, walk the dog). The award for loss of amenity can be for a short period or for ever if that is what the medical evidence supports.

Whereas the first element of compensation cannot make you better and can only really apologise, the second element of a compensation award, for your losses and expenses,
is known as special damages and aims to put you back in a position financially as if the VWF had never occurred. It is important to keep receipts for any expenditure you have related to your condition so that these can be reclaimed.

In serious cases, where a person may no longer be able to continue their employment, this can be taken into account. Costs for care, equipment, transport and housing modifications can also be factored into the calculations. If the person is still able to work but not in the same role as before, particularly if they held a public service role such as a doctor or police officer, an extra amount may be awarded for loss of ‘congenial employment’. A court can also make a financial award to recognise that an injured worker's prospects on the open labour market may be limited.

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Our Industrial Injury Lawyers

The Legal Line lawyers are experts in all areas of personal injury, with extensive experience in recovering compensation for the victims of accidents at work and industrial diseases, including vibration white finger. They can provide specialist claim advice, assistance and guidance in helping you to pursue your claim to the best possible outcome.

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Successful HAVS /Vibration White Finger Claims

Read some of our successful vibration white finger claims where our clients have received compensation:

  • Hand-Arm Vibration Syndrome (HAVS) is probably better known as Vibration White Finger. Recent evidence that other symptoms may also be experienced, led to the change of name to capture the wider implications of the effects of using vibrating tools over an extended period. Our client had noticed his symptoms over recent years but had not realised the significance until, belatedly, he was shown a video explaining the impact of VWF and how to reduce the risks of suffering the disabling illness.

    Our client had started his working life in the 1970's as an apprentice aircraft fitter. Although working at various locations and departments, he has worked entirely for the defendants. At various times he worked on a variety of engines, with varying degrees of use of vibration (pneumatic) tools. He was primarily engaged in the final assembly of the engines, although for a time he was also engaged on stripping down engines for maintenance. The tools included nut runners, grinders, pneumatic hammers and pneumatic chisels. On some occasions, he would work the whole shift with these tools, and others only a few minutes each shift, and sometimes would go days without using them. In later years, he was promoted to inspection work where the use of the tools was much less.

    In 2004, he noticed numbness in his index finger which spread to other fingers and his thumb as the weather turned colder. He has lost sensitivity in his fingers and his hands feel stiff, which again gets more painful in cold weather.

    The dangers of HAVS were well known, and there were several actions which the defendants could have taken to minimise the risks, not least to warn him of the dangers. Personal protective equipment, including anti vibration gloves, were available, but not provided. Neither was there any attempt to establish rotation of the work to minimise our client's exposure to vibration. No training was provided in how to hold the tools to minimise the effects.

    At the commencement of the VWF claim, the defendants failed to provide requested documentation and our specialist vibration white finger lawyers were forced to issue proceedings to move forward with the claim. Our client had not taken any time off work but only in his early 50's he was naturally concerned about the long-term effects of this progressive disease.

    Our specialist VWF solicitors were able to negotiate a settlement of £12,000 in compensation for this workplace injury claim.
  • Our client had been employed as a sheet metal worker for many years when he asked us for advice on an industrial injury claim. In 2003, he became concerned that his fingers had become white and he was frequently dropping things. His fingers also felt cold to the touch. He visited his GP who diagnosed that he was suffering from the industry related disease, vibration white finger. Only then did it become clear that the bouts of tingling, or numbness, in his fingers over several years, had been symptoms of this developing condition.

    He had worked in a variety of industries, all of which required him to use hand held pneumatic tools such as air impact guns, drills, angle grinders and sanders. Often he would use these for excessive periods every day. Much of the work required drilling out and grinding of rivets and bolts, then using a grinder or orbital sander on the weld to provide a good finish. After using the tools, often for hours at a time, his hands would ache and he would have to shake them to get the feeling back.

    Our client had worked for a number of companies and up to the time of the diagnosis was still employed as a sheet metal worker. Unfortunately, one of his previous employers, who had also exposed him to vibration damage, had gone out of business. Because it was not possible to locate their insurers, the law only allowed us to make the claim against the one previous employer.

    During the relevant periods of employment, at no time was our client advised of the dangers of excessive use of vibrating tools. No risk assessments were carried out and he was not given any training on the use of these tools until near the end of his employment with the defendant. Working for the defendant was a deadline driven environment. The work would come in and the customisation had to be completed on time, often requiring our client to work long hours, including weekends.

    The defendant strongly denied liability throughout the case and fought it hard. It was necessary for us to engage an engineering expert to investigate and support the claim, who was required to travel across the country to where the defendant had since relocated. The defendants' legal representatives often failed to comply with directions, causing delays and frustration, though our specialist vibration white finger lawyers were ultimately successful with the VWF claim and secured £3,500 in compensation for our client.

Further articles can be found in our news section, including:

Vibration White Finger Compensation for Council Gardener

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