£13,200 awarded to claimant for vibration white finger
£13,200 in damages was awarded to a claimant suffering with hand arm vibration syndrome.
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The male claimant aged 62, developed hand arm vibration syndrome (also known as vibration white finger) through his employment as a fitter/polisher engaged in producing surgical implants.
The work involved the claimant applying components to a belt driven polisher and holding and turning it against the polishing belt. He was employed in this role between 1992 and 2008. As a result of being exposed to the vibration, he developed hand arm vibration syndrome.
The claimant's injury was a direct result of his employment and the work that was required of him in his job role. He developed numbness and tingling in his left, non-dominant, hand. This was diagnosed by experts on the Stockholm scale as 2SN, 1V in two fingers of his left hand. The claimant suffered with attacks of numbness ad tingling which were often worse in the colder weather. Experts advised that they did not expect his condition to improve.
Conclusion and Settlement
Liability was admitted and the claimant's and defendant's representatives entered into meaningful negotiations in an attempt to reach an amicable settlement in respect of damages. After extensive negotiations an agreement could not be reached and an application was therefore made to the Court.
The matter as listed for hearing and at the date of the trial the claimant was no longer employed by the defendant. He had chosen to take voluntary redundancy for reasons which were unrelated to his claim for personal injury. Even though this was the case, the Judge still felt that an award should be made to the claimant for being disadvantaged on the labour market.
The claimant was awarded £6,500 in respect of pain, suffering and loss of amenity. The remainder of the compensation was awarded for disadvantage on the labour market and loss of future earnings.
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About the author
Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.
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