UK industrial disease solicitor explains how to claim compensation if you have used vibrating machinery such as a jigger pick, floor bolter, whizzer which did not have appropriate anti vibration protectors.
Hand arm vibration syndrome victim question
Hand Arm Vibration Syndrome Claim
I worked in Salford, Greater Manchester doing a task called dinting, which required the use of vibration machinery including jigger picks, floor bolters and whizzers. All this machinery vibrates excessively.
The fitter at work deliberately removed the anti-vibration protector to the machines as it was believed that the machinery would not break down so fast. This left me exposed 7 hours a day to vibration, which has led to problems with my fingers, hands forearms and shoulders. I went to see my GP who referred me to a specialist and I was diagnosed with hand arm vibration syndrome / HAVS.
My exposure to vibrating machinery ended two years ago and I have since been suffering considerably. I was diagnosed with HAVS approximately 1 year ago.
Am I entitled to claim compensation?
Industrial disease solicitor response
Vibrating machinery such as jigger picks, floor bolters and whizzers should have anti-vibration protection so that workers do not suffer any form of vibration condition.
The fact that the fitter at work removed the anti-vibration protection from the machine, whether or not it is true that this would cause the machinery to break down less often, is clearly negligent and as such puts workers using the equipment at danger from developing vibration conditions, such as vibration white finger / VWF or hand arm vibration syndrome / HAVS.
Vibration conditions such as hand arm vibration syndrome typically lead to symptoms at the time of using the vibrating machinery or within 1 year after using the machinery. It therefore appears that the symptoms you have suffered to your fingers, hands, arms and shoulders were caused by the vibrating machinery and as a result you have been diagnosed only a year ago with hand arm vibration syndrome.
There are three years from date of injury or date of knowledge of injury to make a claim – as you were diagnosed one year ago it appears that you are within time to claim from your employers.
The negligence of the fitter will be considered your employer’s responsibility through a doctrine known as vicarious liability. Your employer must have in place appropriate liability insurance for injuries to workers.
Should you wish to proceed with a claim for your injuries in Salford or anywhere else in the UK or speak to me in person click hand arm vibration claim.
