Vibration white finger compensation claims
This guide sets out what you need to know about making a successful vibration white finger compensation claim.
Vibration white finger (VWF) is an industrial injury, caused by prolonged and excessive use of vibrating tools and equipment in the workplace.
A Medical Research Council survey estimated there are 301,000 cases of vibration white finger in the UK. The condition comes under the umbrella term, Hand-Arm Vibration Syndrome (HAVS), which includes Carpel Tunnel Syndrome.
If you have been diagnosed with vibration white finger in the last three years and someone else was to blame, then we can help you make a compensation claim.
Vibration white finger is the result of injury to nerves, muscles and blood-vessels in the arm, hand, wrist and fingers. Symptoms of Vibration White Finger can vary widely. Some people will experience almost all of the common symptoms, while others will experience only one or two. Compensation for vibration white finger takes into account the impact specific symptoms have on a patient's live and ability to work.
Typical symptoms of vibration white finger are:
- Tingling sensations or numbness in the fingertips - these sensations can also extend up the whole length of the fingers. These symptoms can be intermittent, or permanent, causing difficulty in tasks such as fastening buttons, or picking up small objects.
- Cold fingers/ Skin discolouration of the fingers - in some cases fingers can turn from white to blue, or red. These symptoms are caused by a form of Raynaud's Disease, which is often triggered by being out in cold weather, or holding cold objects.
- Aches and pains in the arms, hands and fingers - these symptoms are believed to be caused by damage to muscles, joints or bones. In some cases reduced strength is experienced when trying to grip objects.
I have a strong claim - why won't a solicitor take it on?
The Control of Vibration at Work Regulations 2005 were brought in to protect workers from developing vibration white finger.
Under the Regulations, employers have a duty of care to their employees. Employers should implement measures to minimise the risk of developing vibration white finger, such as:
- Providing regular work-breaks, away from using vibrating tools and equipment
- Providing anti-vibration gloves
- Keeping the working environment temperature within reasonable limits
- Providing the correct tools for the job
- Providing appropriate training on the operation and use of vibration tools
Health and Safety Executive figures show, the introduction of preventative measures is gradually reducing the number of new cases of vibration white finger.
Where the above risk management measures have not been observed, such as an employer providing inadequate protective equipment, it is likely that an injury claim can be made.
Symptoms of vibration white finger often do not show immediately after the vibration injury. Symptoms can take 10 years or more to surface. When seeking initial medical advice, the consulting GP will need a full occupational history. This will help the GP establish a work link to the onset of vibration white finger symptoms.
To establish a vibration white finger diagnosis the consulting GP will require:
- Evidence of long-term occupational exposure to vibration
- Incidents of skin discolouration in the fingers
- Exclusion of other possible causes
- Calluses on the hand, diminished sensation in the fingers and muscle weakness are additional factors which will support a diagnosis
You do not need to have received a confirmed diagnosis to commence your vibration white finger claim. Your lawyer will arrange for an independent medical report to establish your diagnosis for the purposes of a claim.
There is a statutory time limit of three years for making personal injury compensations claims. This time limit is calculated as:
- Three years from the date of the injury or
- Three years from the date the claimant became aware of the injury
If you are making a Vibration White Finger claim, you should commence your claim within three years of receiving a confirmed vibration white finger diagnosis. Due to the nature of the condition, most claims for vibration white finger are not started until many years after the work than caused the injury was performed.
The Courts are recommended to award from between £2,420 and £6,985 where vibration white finger symptoms are relatively minor. For more serious symptoms affecting a younger person and prompting a change of job, the award for general damages will likely be between £25,575 and £31,075.
In addition to the general damages for pain and suffering, compensation can also be claimed for special damages for expenses that have been incurred due to the injury, and for lost earnings.
No Win, No Fee injury claims start once the claimant signs, with a injury lawyer, a Conditional Fee Agreement (CFA).
The CFA sets out the work your solicitor delivers and a percentage-based "success fee" that will be taken from your compensation when they win the case.
There will be no hidden fees using a Quittance solicitor. You can prioritise your recovery, with the knowledge that you will never be out of pocket and there will be absolutely nothing to pay at the outset.
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Quittance Legal Services' nationwide network of solicitors carry out the legal work for all types of compensation claim and have a wealth of experience in short-term, serious and life-changing injury claims. Chosen on the basis of their winning track record, Quittance's panel solicitors have years of dedicated experience recovering compensation for their clients.