Oakwood Solicitors has a dedicated team of Solicitors and legal professionals, specialising in Hand Arm Vibration Syndrome claims. With a strong reputation for being tough on defendants, we’re sure to recover the compensation you deserve.
Hand Arm Vibration Syndrome (HAVS) is an occupational health issue usually caused by working with vibrating tools. It can cause symptoms in the hands, fingers and arms, including the loss of feeling, pins and needles or numbness.
Although it is not clear how the vibration causes the condition, it is thought that the vibration causes slight but repeated injuries to the nerves and blood vessels in the fingers and hands.
According to statistics, around one in 10 people who work with vibrating tools may develop HAVS.
It is a preventable condition, but damage can be permanent if these tools are not handled correctly. It is thought that the frequent use of these kinds of tools, without the correct protections could cause HAVS after around 10 years of regular use.
If you are suffering from Hand-Arm Vibration Syndrome due to working with vibrating tools at work you may be entitled to may a claim against your employer.
Vibration White Finger can be another term used to describe HAVS.
However, it was discovered that the symptoms associated with the condition were not solely confined to the fingers so the vibration white finger term was superseded by the more accurate hand arm vibration term, but the same causes and regulations apply.
If you continue to use high-vibration tools these symptoms will probably get worse. For example:
It is thought that the regular use of hand-held vibrating tools can cause HAVS. Some of the common tools which can cause HAVS include the following:
You are particularly at risk if you regularly operate:
Some jobs have a higher risk of workers developing HAVS. According to HSE, this includes the following:
Your employer is responsible for protecting you against HAVS, but you should help to prevent it by asking your employer if there is a way your job can be done differently – without using vibrating tools. If this cannot happen:
What else can I do?
Difficulties can occur because symptoms constituting the syndrome can arise for constitutional reasons and there is no objective test to establish presence of syndrome.
Diagnosis, therefore, involves a three-stage process:
Your employer has a duty to protect workers and ensure you have a safe place of work, with safe machinery and a safe system of work.
The Health and Safety Executive has also published guidelines in regards to how much vibration workers should be exposed to.
If your employer does not follow the regulations and you become ill as a result, they could be found to be negligent and a claim could be made against them. Employers must adhere to the following laws and regulations:
Health and Safety Act 1974
Management of Health and Safety at Work Regulations 1999
Control of Vibration at Work Regulations 2005
Exposure action value of 2.5 m/s2 A(8) at which level employers should introduce technical and organisational measures to reduce exposure.
The Health and Safety Executive (HSE) has created a calculator so you can work out your level of exposure to vibration.
The regulations require employers to make an assessment of exposure in order to identify whether the ‘exposure action value’ or the ‘exposure limit value’ is likely to be exceeded.
The ‘exposure action value’ is the daily level, after which employers are required to take action to control exposure.
The ‘exposure limit value’ is the maximum amount that an employee can be exposed to in a day. The values are measured using a formula which works out the average (A) exposure over an 8-hour day.
To access the vibration calculator, visit the HSE website.
Frequently Asked Questions
How do I make a claim?
If you have read the above and feel that you may be suffering from any of the symptoms of vibration white finger or hand-arm vibration syndrome whilst exposed to vibration at work, contact us to speak to our dedicated Industrial Disease team.
In order to run the majority of Personal Injury claims, you have to have started the claim within three years of the injury.
However, with Industrial Disease claims, it may be that the injury started over a period of time and was only diagnosed within the last three years. We will be able to clarify this for you.
Will I lose my job if I make a claim?
If you are still working for the employer where you believe you have been exposed to vibration, they cannot dismiss you for making or proposing to make a claim.
If your employer attempts to do so, then you are likely able to make a successful unfair dismissal claim.
In our experience, the high majority of insurers understand their duties owed to you and the right you have to pursue a claim for vibration white finger or hand-arm vibration syndrome if this duty has been breached.
In the majority of matters, the claim will normally be transferred from the Defendant directly to their insurer, and it will be the insurer who deals with the Defending of the action.
Why should I choose Oakwood Solicitors Ltd?
Oakwood Solicitors Ltd agrees to work on your Industrial Disease claim on a ‘no-win, no-fee’ basis. If your claim is unsuccessful, you will not be expected to pay us a penny.
If you are successful in your claim, we take a percentage of the compensation meaning that the only time we will receive money is if we have brought your claim to a fruitful conclusion.
You will have a dedicated advisor who will see your claim through from start to finish, assisting you in the event of any queries or issues you may have.
If it is preferable to you, we are able to assign a female advisor to carry out your claim. Your case handler will also continue to provide regular updates until the conclusion of your claim, ensuring the process is as stress-free and effortless as possible.
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