Beware hand vibration

Bad vibrations HAND-ARM Vibration Syndrome (HAVS) is a condition that affects the blood vessels in the fingers and hands. Formerly known as Vibration White Finger, it is a progressive condition that can develop over a number of years. The main cause is the continuous use of hand-held vibrating tools such as pneumatic drills, jack hammers, sanders, rivet guns, grinders, chainsaws, hedge cutters and grass trimmers. The vibrations from such tools interrupt blood flow, resulting in constriction of the blood vessels in the fingers and hands. In extreme cases, gangrene may develop and may require amputation. However, in most cases victims will suffer loss of sensation and painful swelling in their fingers. HAVS is irreversible and therefore the sooner you spot the symptoms, seek medical advice and inform your employer, the less damage will be done. The damage will stop when the exposure stops. What are the symptoms of Hand-Arm Vibration Syndrome? There are many symptoms related to HAVS. These can include: G Numbness and tingling in the fingers. G Loss of sensation in fingers. G Sensitivity to cold in fingers and hands. G Painful swelling of fingers. G Blanching in the fingers in cold temper- atures (fingers go white). You may also notice that you begin to have difficulty performing tasks such as: G Fastening buttons or handling small items such as coins and pins. This is due to loss of manual dexterity. What should I do if I think I have HAVS? If you recognise any of the symptoms mentioned above you should speak to your GP or doctor as soon as possible. You should also speak to your employer. Your employer has a duty to provide a safe system of work and this includes the prevention of conditions such as HAVS. If you are a smoker, this may exacerbate the symptoms of HAVS as the chemicals in cigarettes also affect the blood flow in the fingers. Your rights Under the Personal Practice Equipment at Work Regulations 1992 your employer has a duty to provide you with protective equipment if you are exposed to risks to your health and safety in your employment. This is particularly important if you work outside in the cold or rain. If you are involved in the continuous use of hand-held vibrating equipment, your employer has a duty to: RMT solicitors Drummond Miller explain the symptoms of the painful condition known as Hand-Arm Vibration Syndrome and how to deal with it Photo: Paul Box/reportdigital.co.uk 14 Incorporating The MacPhail Lawrence Partnership. 65 Bath Street, Glasgow G2 2DD. 22 Pavement, York Y01 9UP e-mail: mail@drummond-miller.co.uk website: www.drummond-miller.co.uk > Injuries at work > Post traumatic stress disorder > Repetitive strain injury > Road traffic accidents > Vibration white finger > Criminal injuries claims Experts in Employment Law, Accident and Injury Claims > Asbestos related diseases > Unfair dismissal > Discrimination > Conveyancing - Estate Agency > Wills & Executries > Family Law Telephone 0141 332 0086 - Glasgow 01904 - 674061 - York Drummond Miller Drummond Miller ARE PLEASED TO OFFER OUR CONTINUED SUPPORT TO THE RAILWAY, MARITIME & TRANSPORT WORKERS’ TRADE UNION. Legal services helpline for Scottish & North East England members - freephone 0800 328 1014 G Provide you with protective gloves. G Instruct you to take regular breaks. G Ensure that you do not work for periods of time which may increase the risk of you developing HAVS. G Ensure that you do not work for extended periods in the rain or cold weather. G Inform you to the risks of vibrating tools and the nature of symptoms of HAVS. G Advise you to seek medical attention if you have any of the related symptoms. Remember HAVS is irreversible. It is very important that you seek advice as soon as you notice the symptoms. If you don’t, your symptoms will get worse and become more painful. How do I get compensation? If your employer has exposed you to the risk of developing Hand-Arm Vibration Syndrome you may be entitled to compen- sation. If you believe that your employer has failed in their duties, you may be entitled to compensation and should contact us immediately. What can I claim for? Pain and suffering: Minor cases where symptoms are limited may attract awards up to £5,000 However, in cases were the symptoms are severe and the condition is more developed, awards can be up to £20,000. Loss of earnings and employability: In addition to this sum, you may be entitled to an award for loss of earnings or employa- bility. This award depends on a number of factors such as your age, how long you could have continued to work had you not developed HAVS, how much money you earned in that job, and how much money you would earn in alternative employment. RMT and Drummond Miller have been at the forefront of Hand-Arm Vibration cases for the last ten years and obtained hundreds of thousands of pounds for members who have suffered from HAVS. For example, in a case heard in the Court of Session in 2003, an RMT member, who was 38 when he retired from his job due to HAVS, was awarded over £212,000. Time limit In order to raise a claim against your employer for developing Hand-Arm Vibration Syndrome, you must do so within three years of when it was reasonably practicable for you to have been aware of your condition or when the negligent exposure stopped. If you do not, your case will be time barred. This may mean that you have three years from when the symptoms arose. So, if you have the symptoms you must take immediate action. It is very important that you contact your GP and Drummond Miller if you think you may be suffering from Hand-Arm Vibration Syndrome in order to gain advice for your claim. If you put off raising your claim, you may miss the deadline and be unable to claim compensation for the injury you have sustained and any losses you will suffer in the future. G Contact us on our Freephone Number: 0800 328 1014 G Contact: David Wilson, 65 Bath Street Glasgow G2 2DD dwilson@drummond-miller.co.uk www.drummondmiller.co.uk 15