If you are suffering from Hand Arm Vibration Syndrome (HAVS) caused by your employment then you may be entitled to make a compensation claim. Note that HAVS is also commonly referred to as Vibration White Finger (VWF).
VWF can be caused by excessive exposure to the use of vibratory tools. The symptoms of VWF differ depending on the severity of the condition. Some symptoms can be quite severe, such as loss of grip strength, resulting in sufferers being unable to hold a cup for example. Sufferers also experience increased difficulty with cold weather including whiteness of the fingertips.
VWF claims, as with other industrial disease claims, are historic in nature. You may now be suffering from VWF having worked in industry in the past. You may no longer be working for the company who exposed you to the use of vibratory tools. You may have now retired. Notwithstanding all of the above you may still be entitled to bring a claim for compensation.
Note that you have three years in which to issue proceedings in your claim from the date that you first realised, or should have realised, that you were suffering from a serious condition (i.e. VWF) caused by your employment.
Limitation is always tricky in these cases as the Defendant could argue that a reasonable person would have realised that they were suffering from VWF earlier. Therefore in these cases our advice is always to bring a claim as soon as possible. Obviously you cannot bring a claim until you are aware that you have suffered an injury and this is why the limitation period is adapted to three years from date of knowledge or date a person should have known. In a typical road traffic accident limitation is simply 3 years from the date of the accident itself so you have a clear limitation date. With industrial disease claims such as VWF limitation is 3 years from the date of knowledge of an injury or 3 years from when a person should have realised that they were suffering from a significant injury caused by their employment.
This is just a general rough guide – you should always seek advice from an expert solicitor to confirm when your limitation period may be.
Gloves can protect people against vibration. If you are required to use vibratory tools as part of your employment then you should be provided with suitable gloves. Obviously the best approach would be to try and reduce the vibration a machine or tool emits. Machinery may vibrate more if it is old or if it requires a service or clean. The company should investigate and decide what action to take. Preventing the vibration at source is better than providing protection in the form of gloves. Especially in the case of vibration as gloves only help to an extent and in theory a person may still develop VWF.
If you are suffering from VWF caused by your employment then you may be entitled to make a claim. Even if the employer who exposed you to vibration is no longer trading, this does not necessarily mean that you will not be able to claim. To discuss your potential claim, call 0800 634 7575 to get your claim started today..