When it comes to hand arm vibration syndrome (or HAVS / vibration white finger), as an industrial disease case, it usually comes down to what preventative measures your employer could have put in place, and whether you had made complaints about problems and symptoms.
The Control of Vibration at Work Regulations states that your employer must ensure you do not breach the daily exposure limit value and / or exposure action value. But when you make complaints that go unheard, you may have a very good chance at winning your claim.
So if The Injury Lawyers can prove that your employer is in breach of the limits in place according to The Control of Vibration at Work Regulations then you have a good chance at winning a claim anyway. But when it comes to your complaints being raised with your employer, and their failure to take any action on this, there is clear notice of a problem that they have failed to act upon.
As I referenced earlier some industrial disease claims, when it comes to success, can all be about the employer’s notice of a problem. If they were not aware of a problem and there was no way that they ought to have been able to remedy the problem then they can usually defend a claim. But being on notice means there should never be an excuse.
It’s one of the first questions we ask here when we are advising people about the merits of their industrial disease claim, and if your employer has been put on notice, we will likely offer you a no win, no fee agreement.
Whether its handheld power tools, large pneumatic drills, lawnmowers, strimmers, sewing machines, or grinders, there is usually a risk of suffering a vibration injury. Your employer is under a duty to make sure that you do not use such equipment for any duration that can be damaging, and to ensure that gloves and other equipment are supplied as well.
If you have suffered HAVS then we recommend that you definitely give us a call for a free and no obligation chat about your options. When you speak to us, you’re speaking to an actual law firm – not some claims management company or a accident advice service. We’re real lawyers and we represent victims of HAVS, so give us a call 0800 634 7575 for advice.
