Vibration white finger compensation claims

When can I make a vibration white finger compensation claim?

You can make a vibration white finger compensation claim if you have developed symptoms caused by your employer’s negligence.

Employers are legally required to provide a duty of care to their employees to protect them. This includes ensuring all staff are appropriately trained, and the workplace is safe. Laws such as The Control of Vibration at Work Regulations 2005, part of the Health and Safety at Work Act 1974, are specifically in place to protect workers from developing conditions such as vibration white finger.

You can claim compensation if you can prove that your employer failed in their duty of care and that this negligence contributed to your injuries. Speak to our no win no fee solicitors today about making a claim.

What is the time limit to claim for vibration white finger?

In most cases, you have up to three years from the date your symptoms started to claim for vibration white finger.

The three-year statute of limitation may not apply in the following circumstances:

• The workplace equipment that caused your injuries was found to be faulty – in these cases, you can claim three years after the equipment was found to be at fault
• You were under 18; you can claim up to the date of your 21st birthday
• In cases where the person has died, the family will have three years from the day your loved one passed or the post-mortem date
• Time limits for claims from working abroad may differ and are usually shorter

How much compensation can I claim for vibration white finger?

Compensation amounts for vibration white finger will depend on the severity of your injuries and their effect on your life. According to the Judicial College Guidelines, settlement amounts range from £2,990 for minor symptoms up to £38,430 for severe symptoms.

compensation amounts for vibration white finger injuries

The figures listed consider only the compensation you could claim for your injuries, known as General Damages.

In addition, you can claim for Special Damages. Compensation for Special damages in vibration white finger cases can be claimed to cover expenses you may have already incurred or will incur because of your injury.

Compensation could be claimed for expenses that may include, but would not be limited to;

• Any loss of income or pension
• Any costs associated with your rehabilitation or ongoing medical treatment
• Any costs related to adaptations you may need to make to your home
• Any costs for the care you may have or will need to receive, even if a family member or friend provides this
• Any out-of-pocket expenses you or anyone who has cared for you may have incurred

Our specialist injury at work solicitors recognise that no amount of money can make up for what you may have suffered, so we take the utmost consideration into ensuring you are compensated correctly in relation to the severity of your injuries, the effects the injury has had on your life, loss of earnings and changes to your lifestyle.

What are my employer’s responsibilities in relation to vibration white finger injury claims?

It is the legal responsibility of your employer to follow the Control of Vibration at Work Regulations 2005, which is part of the Health and Safety at Work Act 1974.

The regulations state that as part of their duty of care to their employees, employers should do the following:

• Minimise exposure to vibration in the workplace
• Exposure to vibration should be closely controlled
• Enforcement of strict time limits for the use of vibration equipment
• Provision of appropriate personal protective equipment (PPE) to handle machinery safely
• To offer regular training for the usage of vibrating tools and equipment
• To regularly assess the workplace and try to prevent unnecessary use of vibrating tools
• Carry out a risk assessment for any vibration-related activities that could result in injury
• To update older equipment to safer, newer alternatives to reduce the risk of vibration injury

Likewise, employers can encourage good practices in the workplace to prevent the effects of using vibrating equipment. For example, they might encourage staff to:

• Grip tools lightly
• Keep hands warm
• Keep active to encourage circulation
• Take breaks of at least 10 minutes per hour
• Seek medical attention if symptoms appear
• Follow all safety guidelines as given by your employer
• Alert your employer if you’re concerned something is unsafe
• Pay attention to your actions and the impacts they have on others
• Use all safety equipment with full training as provided

What are The Control of Vibration At Work Regulations 2005?

The Control of Vibration at Work Regulations came into force in 2005 and outlines limits for hand-arm and whole-body vibration while using vibrating machinery:

• If the action has an ‘exposure value’ of 2.5 m/s2 A(8), employers should introduce technical and organisational measures to reduce exposure
• In general, the exposure value should not exceed 5.0 m/s2 A(8)

The regulations acknowledge that tools built before 2010 may not meet the requirements, so employers are encouraged to use newer alternatives.

Can I make a no win no fee vibration white finger claim?

Yes. Our vibration white finger claims are provided on a no win, no fee basis.

When a no win no fee agreement is set up, your solicitor will take an insurance policy out on your behalf, which protects you in the rare event the claim isn’t successful.

The policy covers any costs incurred relating to your claim. These costs could include legal fees, medical reports, court, and other expenses.

The insurance policy, known as after-the-event insurance, fully protects the person claiming if the claim is unsuccessful and from any costs during the compensation claim process, meaning you can claim without paying a penny.

You will only pay a fee if your claim is successful, and the amount will be agreed upon when you enter into the agreement at the start of the claim process.

What evidence do I need to provide to help with my claim?

Our specialist accident at work solicitors will ask you for evidence to prove that your vibration white finger injury was caused by activities at work and resulted from your employer’s negligence. Such evidence could include (but not limited to) the following;

• All medical records relevant to your condition, including a diagnosis of vibration white finger
• A record of your employment history, including dates of employment, job descriptions, and details of the equipment you used that may have caused your condition
• Any photographic or video evidence of the faulty equipment that may have caused your condition
• Contact information and statements from work colleagues willing to speak on your behalf
• Copies of accident reports, health and safety records, and risk assessments
• A record of all loss of earnings, including any relevant receipts and expenses you have incurred because of your condition

Don’t worry if you do not have all of this information. Our expert injury at work solicitors have extensive experience building evidence to support your claim and will ensure you receive the maximum amount of compensation possible.

What tools can cause vibration white finger?

Vibration white finger and other vibration injuries are caused by excessive use of handheld vibrating tools commonly used in the workplace. The types of machinery that can lead to vibration white finger include:

• Pneumatic drills and hammer drills
• Concrete breakers
• Jackhammers
• Chainsaws
• Jackhammers
• Riveting tools
• Fettling tools
• Grinders
• Sanders and disc cutters

For this reason, vibration injuries are very common among those who have worked in the mining industry. They can also affect those who have worked in agriculture, construction and engineering.

How long will my vibration injury compensation claim take?

There is no set amount of time for vibration white finger claims – they can range from a few months to several years, depending on complex your claim is and how difficult it may be to prove liability.

Some claims can take longer if your employer disputes the claim or is no longer in business. Our expert accident at work solicitors will be able to provide an approximate time frame at the beginning of the claim process.

Can I claim for vibration white finger if my employer has gone out of business?

In most cases, yes. This is because your claim is paid from your employer’s liability insurance company rather than the business itself. This means that even if the company is no longer in business, the compensation can still be claimed as long as the insurance company is in business.

Will I lose my job if I make a claim against my current employer?

While making a claim against your current employer may be uncomfortable, they cannot sack you because you have made a claim.

Legally, your employer cannot fire, demote, or prevent you from accessing any opportunities that are usually available because you have started a claim. If they did, you would have the right to claim for constructive or unfair dismissal should any of these actions occur following your claim starting.

Your employer is legally required to have liability insurance. This insurance policy is in place for circumstances such as compensation claims, and your employer’s liability insurance company will pay the compensation rather than the business or any individual at the business.

What are the most common examples of injuries caused by vibration?

Unlike many accidents at work involving sudden injury, vibration injuries can develop over time, from a few months to a few years. The following are the most common types of vibration injury for which you can claim compensation:

Vibration white finger syndrome

Vibration White Finger Syndrome is a permanent, painful numbness and stinging up the arms and hands. It can also lead to painful joints and general muscle weakness due to constricted blood vessels. Visual symptoms appear in the form of ‘white’ fingertips due to a lack of blood supply.

Long-term effects include:

• Carpal Tunnel Syndrome
• Fingers turning white or blue
• Nerve damage
• Reduced ability to move and grip
• Osteoporosis
• Bone cysts

Hand-arm vibration syndrome

Hand Arm Vibration Syndrome is a type of nerve damage that results in numbness, tingling or both. In more extreme cases, it can lead to Vibration White Finger Syndrome. Sufferers may also experience weakness and discomfort in the hands, wrists, forearms and elbows. It is less extreme than Vibration White Finger as it usually only affects one digit.

Carpal tunnel syndrome

Carpal Tunnel Syndrome refers to pressure on the nerves in the wrist and can be a side effect of Vibration White Finger. Symptoms include tingling, numbness and pain in the hand and fingers, while you may also have trouble gripping or using your thumbs. Symptoms can come and go, making it challenging to live with.

Whole body vibration

Whole Body Vibration Syndrome goes beyond the hands, arms and wrists and is usually caused by driving work vehicles over uneven surfaces. The sudden shocks and jolts may result in bone damage and back pain, while the condition can also affect your hands and fingers.

Some sufferers may also experience fatigue, headaches, loss of balance or stomach problems.

Why choose Express Solicitors?

At Express Solicitors, we understand the long-term effects a vibration injury can have on your life.

Our expert accident at work compensation solicitors have over 20 years of experience settling millions of pounds worth of compensation. Speak to our solicitors today to find out your rights to claiming for vibration white finger.