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Judge clarifies key points in determining what is a "Hand Arm Vibration" injury

Maxfield v ATS North eastern Limited discussed

Hand arm vibration syndrome is an occupational injury that develops gradually, and it is not a personal injury that a worker suddenly suffers on one particular day.

earlier this year a county court judge at a trial hearing of a vibration injury compensation claim for a man who worked for a company that had a chain of tyre fitting centres through-out England had to decide whether the man had a type of hand arm vibration syndrome or whether he was suffering some other type of medical condition.  

The judge was of the view that the most important thing when trying to decide whether a worker had suffered a type of hand arm vibration syndrome was to listen to what the worker said about the symptoms that had developed affecting his fingers. If the worker gives a clear description of the onset of symptoms that are typical of hand arm vibration syndrome then the doctor should accept that it is likely that the worker has suffered hand arm vibration syndrome.

In a typical case of a worker suffering a type of hand arm vibration syndrome the symptoms first appear after a number of years of suffering vibration to the hands from using powered tools or equipment. The first symptoms are usually your hands being unusually sensitive when the weather or temperature is cold, or/and tingling in the fingers.

To start with the tingling usually comes and goes. If your hands continue to suffer vibration then the symptoms will gradually get more severe. Your fingers will suffer permanent nerve damage, and you will notice numbness in your fingers as well as tingling. Also, you may notice your finger tips or fingers turning white when they are cold.

Doctors now accept that your fingers do not have to turn white for you to have a type of hand arm vibration syndrome.   In the court case mentioned above, the judge rejected the argument of the medical specialist representing the tyre fitting centre that the worker’s hands had not suffered enough vibration for the worker to develop hand arm vibration syndrome.

The judge accepted the worker’s information that on a daily basis for a number of years his hands suffered vibration whilst he used powered tools, and that as a consequence he had suffered permanent injury to the nerves in his fingers that was a type of hand arm vibration syndrome.  

Read more

Also how to identify whether you might be able to make a claim for vibration injury

You may also wish to learn about the legal issues in vibration white finger claims.

More links:

What is Vibration white finger? - protecting workers against vibration injury - HSE on Vibration injuries

More news:

Vibration injury victim wins compensation - 2nd October 2008

If your employer has failed to take steps to reduce excessive noise in your working environment or provide protective equipment such as ear defenders etc -  you may be entitled to make a claim.

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