VIBRATION INJURY CLAIM - VWF HAVS WBVS

Vibration injury which includes vibration white finger (VWF), hand arm vibration syndrone (HAVS) and whole body vibration syndrome (WBVS) is a serious financial and safety issue for certain types of industry. VWF, HAVS and WBVS are caused by working with vibrating machinery and whilst many industries are involved in this problem it is probably the miners who have suffered the greatest incidence of vibration injury whilst working at the coal face. Industries most at risk of vibration injury are those using percussive tools including riveting, caulking, fettling and swaging, grinders including pedestal and hand-held grinders, pneumatic drills and hammers including percussive and rotary hammers and garden tools including chain saws.

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The most common vibration injury is VWF which is a type of Raynaud's Disease which is caused by a restriction in the blood supply to the extremities, usually the fingers and toes. During an attack, which may be triggered prolonged exposure to the cold, VWF may cause the fingers to go into spasm or become inflamed causing significant pain, numbness or a tingling sensations.

The main symptoms include:

• One fingertip temporarily turns white and may ache
• That finger turns white with increasing frequency
• Other fingers, excluding the thumb, start to turn white
• The attacks become increasingly frequent painful
• Tingling and numbness often continues after the machinery has been switched off

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New legislation, that it is hoped will reduce vibration injury claim statistics, known as The Control of Vibration at Work Regulations which will implement the European Union’s Physical Agents (Vibration) Directive 1999, came into effect in July 2005 and stipulates the level above which the employer must take measures to control the vibration risk and the level at which further daily exposure must be prevented. The requirement of the new regulations will mean that employers must protect workers (and other persons who may be affected by the work) from the potential long term risks of damage by exposure to vibration injuries at work. Employers will have duties placed upon them to provide the minimum health and safety requirements in order to avoid this risk.

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The TGWU lists the potential risk factors that contribute to a vibration injury as follows:

• amount of vibration
• the length of exposure
• whether exposure was continuous or intermittent
• temperature of the environment
• method of work
• ergonomics of the job
• individual susceptibility to injury

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Diagnosis of vibration injury takes place after physical examination which is often followed by vascular, neurological and musculoskeletal tests and routine laboratory investigations and x-rays to exclude other diagnoses. VWF, WBVS and HAVS is usually confirmed after consideration of the full clinical and occupational history of the sufferer with emphasis on:

• The exclusion of conditions that cause problems with the nerves or blood supply to the hands
• The nature and length of any previous exposure to vibration
• The development of symptoms and signs (including precipitating factors)
• Any vasoconstrictor medication

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Our specialist personal lawyers operate throughout the United Kingdom. Compensation is paid in full with no deductions and you will not be expected to fund or finance your claim as it proceeds to settlement. We guarantee without reservation that our claims are completely risk free.