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
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If your employer has failed to take steps to
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provide protective equipment such as ear defenders etc - you may be entitled
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