Compensation for Hand Arm Vibration Syndrome at Work
Successful hand arm vibration syndrome case
Ben Mitchell acted on behalf of a 52 year old gentleman in relation to a compensation claim for a condition known as Hand Arm Vibration Syndrome. NB developed this condition as a consequence from working over 20 years in the construction industry using pneumatic vibratory tools such as stihl saws, vibrating pokers, scablers, whacker plates and kango hammers. In the course of his employment as a ganger/supervisor he used these tools in excess of 4-5 hours per day.
The construction company based in Skipton, North Yorkshire who he worked for failed to monitor and limit his use of his vibratory tools in accordance with health & safety guidelines, namely the Provision and Use of Work Equipment Regulations 1992/1998 and the Personal Protective Equipment at Work Regulations 1992.
The company also owed NB a duty of care to ensure that he was not at risk of contracting Hand Arm Vibration Syndrome especially given his work duties required the use of vibratory tools that were well known to cause industrial diseases such as Hand Arm Vibration Syndrome, Vibration White Finger and Carpal Tunnel Syndrome.
The Defendants vigorously tried to defend the claim, but through Court Proceedings NB was successful in receiving £10,000 in full and final settlement.
Ben Mitchell of the Leeds office of Irwin Mitchell Solicitors acting for NB says "the Defendants are a well known, large and established company working in the construction industry throughout the Yorkshire region. They should have been aware of the risk to my client of injury from exposure to excessive vibration. Failure to act promptly and do all that is required within statutory law was unfortunately lacking especially when they were put on notice when my client reported symptoms of Hand Arm Vibration Syndrome to them over three years ago"
If you are experiencing symptoms of tingling, numbness and or whiteness in the fingers and have used vibratory tools for long periods of time in the course of your employment, please contact Ben Mitchell from the Irwin Mitchell’s Industrial Disease and Workplace injury team in Leeds, for a free and no obligation discussion about how we may be able to help you.
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