Guide to Vibration Injury Claims | Oakwood Solicitors Ltd

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If you have suffered harm due to a vibration injury at work, you may be entitled to claim compensation.

Vibration injuries are caused by regularly using vibrating tools such as chainsaws, jackhammers and pneumatic drills without the correct protections in place.

Figures show that almost two million people are at risk of vibration injuries, while medical research estimates that around 288,000 already suffer from vibration white finger.

Guide to vibration injury

Workers in industries such as construction, agriculture and maintenance may be exposed to high levels of vibration every day, but your employer has a legal duty to ensure safety procedures are in places to protect you from harm.

The Health and Safety Executive lays out The Vibration Regulations to ensure employers monitor the levels of vibration workers are exposed to, and control the risk of exposure. It states that action should be taken to limit an employee’s daily exposure action value (EAV) is 2.5 m/s2 A(8), and action should be taken to avoid extensive vibration exposure once this level is reached, daily.

Vibration Injuries can severely impact your life and livelihood, as well as causing persistent pain and suffering.

If you have suffered from a vibration injury at work, contact Oakwood Solicitors Ltd today.

What is a vibration injury?

Excessive exposure to vibration in the workplace can cause conditions such as Hand-Arm Vibration Syndrome (HAVS), Vibration White Finger (VWF), Whole Body Vibration (WBV) and Carpal Tunnel Syndrome (CTS).

These conditions can develop when workers use handheld tools and machines or drive vehicles that transmit vibration for prolonged periods.

The effects of vibration injuries can appear months or years after you started using the machinery.

Symptoms of vibration injury

Each vibration injury is slightly different and affect the sufferer in different ways. However, symptoms commonly include the following:

Pain
Tingling
Numbness
Loss of strength
Blanching (such as whitening of fingers)
Poor circulation
Back pain (in the case of WBV)

Types of vibration injures

Carpal Tunnel Syndrome (CTS)

Carpal tunnel syndrome, or CTS, is a painful condition of the hand and fingers caused by compression of a major nerve where it passes over the carpal bones at the front of the wrist. It causes pins and needles, numbness, and weakness of the hand or fingers.

People most at risk are those with jobs or activities that involve repetitive finger use, especially those associated with high-force, long-term use, extreme wrist motions, and vibrations.

Vibration White Finger & Hand-Arm Vibration Syndrome (HAVS)

Hand Arm Vibration Syndrome (HAVS) is a prevalent occupational disease, affecting industrial workers who work with vibrating power tools. It was once called Vibration White Finger, but the name was changed as the condition may occur in other areas of the hands and arms.

HAVS in its later stages can contribute to disability and a poor quality of life. Symptoms include numbness or pins and needles in the fingers, aches and pains and the tips of the fingers going white.

Whole body vibration

Whole-body vibration (WBV) is commonly caused by vibration through the seat of a vehicle, or feet of employees who drive mobile machines, or other work vehicles, over rough and uneven surfaces as a main part of their job. Large shocks and jolts may cause health risks including back pain.

Jobs at risk of vibration injuries

Workers who use vibrating tools regularly may be at risk of vibration. Some jobs and industries include the following:

Construction Workers: Frequently use vibrating tools such as jackhammers, concrete breakers, and handheld drills.
Manufacturing and Factory Workers: Often work with vibrating machinery and equipment like grinders, sanders, and pneumatic tools.
Agricultural Workers: Use vibrating equipment such as tractors, chainsaws, and harvesters.
Forestry Workers: Operate chainsaws and other vibrating equipment.
Miners: Use various vibrating tools and heavy machinery for drilling and excavation.
Railway Workers: Utilise vibrating equipment for maintenance tasks like track tamping and grinding.
Automotive Technicians: Work with vibrating hand tools such as impact wrenches and pneumatic drills.
Shipyard Workers: Use vibrating tools for tasks like welding, cutting, and grinding

How to prevent vibration injuries

Most vibration injuries can be prevented with the correct safety procedures and protective equipment in place. Meanwhile, The Health and Safety Executive issues the Control of Vibration at Work Regulations to protect workers from health risks and sets limits on how much vibration workers can be exposed to.

To prevent vibration injuries, employers should use a combination of proper equipment use, ergonomic practices, and personal protective measures.

Use of tools

Use tools with built-in vibration-dampening features.
Choose the right tool for the job to avoid excessive vibration. Regularly maintain and service tools to ensure they operate smoothly and efficiently.
Replace worn-out parts to minimise unnecessary vibration.

Work Practices

Limit the duration of exposure by rotating tasks among workers.
Implement rest breaks to reduce continuous exposure to vibration.
Train workers on the proper use of tools to minimize vibration transmission.
Design workstations to minimise awkward postures that can exacerbate the effects of vibration.
Use anti-vibration pads or mounts to isolate vibrating equipment from work surfaces.

Personal Protective Equipment (PPE)

Use anti-vibration gloves specifically designed to reduce the transmission of vibration to the hands.
Ensure gloves fit properly and are suitable for the specific tools being used.

Risk Assessment

Implement regular health screenings for workers at risk of vibration injuries.
Educate workers on the early signs and symptoms of vibration injuries, such as numbness, tingling, and loss of grip strength.
Regularly assess the vibration levels of tools and equipment.
Educate workers about the risks associated with vibration exposure.
Provide training on best practices for minimizing vibration exposure and recognizing early symptoms of injury.

Laws surrounding vibration injury

There are several health and safety laws and regulations in place to protect workers from vibration injuries. However, if your employer has failed to comply with these, and as a result, you have suffered harm, you may be entitled to compensation.

Here are some of the laws employers are obliged to follow:

Under the 1974 Health and Safety at Work Act, every employer has a duty so far as is reasonably practicable, to ensure the safety and welfare of employees.

Under Management of Health and Safety at Work Regulations 1999 it is your employer’s duty to undertake adequate risk assessment and undertake health surveillance

Control of Vibration at Work Regulations 2005 states that workers must not be exposed to more than these limits:

Limit 1 – Exposure Action Value ( EAV) – 2.5 m/s (Reg 4(1)(b))
Limit 2 – Exposure Limit Value (ELV) – 5 m/s2 (Reg 4(1)(a))

The EAV is the maximum amount of vibration an employee may be exposed to before an employer is required to take certain actions to reduce exposure.

Personal Protective Equipment at Work (Amendment) Regulations 2022 places a duty on every employer in Great Britain to ensure that suitable PPE is provided to ‘employees’ who may be exposed to a risk to their health or safety while at work.

I have suffered a vibration injury – What should I do next?

If you have read the above and feel that you may be suffering from any symptoms whilst exposed to repetitive tasks at work, call Oakwood Solicitors Ltd to speak to our dedicated Industrial Disease team and ask about our ‘No-Win, No-Fee’ agreement.

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 Defendants they cannot dismiss you for making or proposing to make a claim. If your employer attempts to do so when you are likely able to make a successful unfair dismissal claim.

Generally, in our experience, the majority of insurers understand their duties owed to you and the right you have to pursue a claim if this duty has been breached.

In the high majority of matters, the claim will normally be transferred from the Defendants directly to their insurers and it will be the insurers who will deal with the Defending of the action.

A Guide to Vibration Injury Claims