Hand-Arm Vibration Syndrome (HAVS) Claims

There are numerous occupations that pose a higher risk to workers for specific medical conditions. The Health and Safety Executive (HSE) reports that as many as 2 million people are at risk of developing a disorder known as Hand-Arm Vibration Syndrome in the UK because of their jobs.

It is believed that up to one in ten people who work with vibrating tools regularly will develop Hand-Arm Vibration Syndrome. Under the Health and Safety at Work etc. Act 1974, employers have a legal duty to minimise the likelihood of health complications arising from work practices.

If an employer does not take reasonable steps to minimise this risk and protect their employees, a Hand-Arm Vibration Syndrome claim may be made against them should health conditions arise as a result. The majority of claims that are made because of this complaint are related to a prolonged and repeated use of vibrating power tools.

To find out if you are eligible for HAVS compensation, call 0800 470 0474 today or arrange a call back for a free consultation with a legal adviser.

Find out if you can claim

Call 0800 470 0474 now or request a call back below:

Call me back

By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.

Table of Contents

• Can I make a Hand-Arm Vibration Syndrome claim?
• What is Hand-Arm Vibration Syndrome?
• Symptoms of Hand-Arm Vibration Syndrome
• Occupations at Highest Risk of Hand-Arm Vibration Syndrome
• Employer Duty of Care and Legal Protection for Workers
• What evidence will I need to claim compensation for HAVS?
• How long do I have to make a claim for HAVS?
• How much is a HAVS compensation claim worth?

Can I make a Hand-Arm Vibration Syndrome claim?

Yes, you may be able to make a HAVS claim if you have developed this condition due to your work practices. During a free initial consultation, an experienced solicitor will ask you a few questions about your circumstances to establish whether:

• Your employer breached their duty of care towards you
• As a result of this breach, you have been diagnosed with hand-arm vibration syndrome by a doctor
• You became aware of your condition within the last three years

You should keep in mind that if you have a valid HAVS compensation claim, your solicitor will offer you a no win no fee agreement*. This is a type of legal funding arrangement under which you do not have to pay any legal fees upfront or during the duration of the case. Instead, your solicitor will only receive a payment, known as a success fee, if the claim is successful. This will be a percentage of the compensation awarded to you and cannot exceed 25% of your settlement.

If the case is unsuccessful, you will not be responsible for paying your solicitor or any legal fees. The After the Event (ATE) insurance policy taken out by your solicitor at the beginning of your HAVS claim will cover all your expenses and disbursements, including:

• The cost of the defendant’s solicitor
• Medical reports and expert witness fees
• Court and council fees
• Travel expenses
• The cost of paralegal, secretarial and other staff time
• Barrister fees if your case goes to court

For a free case assessment, call 0800 470 0474 or fill in our online claim form to receive a call back. A friendly solicitor will let you know whether you can claim HAVS compensation on a no win no fee basis and can help you start legal proceedings.

What is Hand-Arm Vibration Syndrome?

Hand-Arm Vibration Syndrome (HAVS) is a condition that affects the nerves, blood vessels, and muscles of the hand, wrist, and arm due to exposure to high levels of vibration. It is related to the prolonged and regular use of vibrating tools and machinery, such as drills, grinders, chainsaws, and pneumatic hammers.

Symptoms can include numbness, tingling and pain in the fingers, hands, and arms, as well as loss of grip strength and reduced dexterity. These can have a significant detrimental effect on your ability to work and carry out daily activities and affect your overall quality of life. HAVS can generally cause three types of injuries:

• Musculoskeletal injuries: The prolonged use of vibrating tools can damage the muscle fibres and lead to reduced grip strength and dexterity.
• Vascular injuries: HAVS can damage the small blood vessels in the hands and fingers. Repeated exposure to vibrating tools can cause the constriction of blood vessels, reducing the blood supply to the affected area. Over time, this can cause a condition known as Raynaud’s phenomenon, characterised by the fingers turning white and cold and can cause pain and discomfort.
• Neurological injuries: Hand-Arm Vibration Syndrome (HAVS) can cause neurological injuries by damaging the nerves that supply the hands and fingers, leading to decreased sensation, numbness, and tingling in the affected areas.

HAVS is a preventable condition, and employers have a legal duty to protect their workers from the risks associated with vibrating tools and machinery. If an employer fails to do so, and you develop symptoms as a result, you might be able to make a HAVS claim.

Symptoms of Hand-Arm Vibration Syndrome

Hand-Arm Vibration Syndrome occurs when the nerves, joints and blood vessels are damaged through the prolonged use of vibrating tools. The areas affected are the hand, wrist or arm, and the condition can cause significant restrictions to mobility, considerable discomfort and pain.

The initial symptoms of Hand-Arm Vibration Syndrome are loss of sensation, as nerve damage is usually the first noticeable sign. After that, other symptoms will arise. The condition will likely worsen, particularly if the person continues using vibrating tools.

Some of the most common symptoms of Hand-Arm Vibration Syndrome include:

• Numbness or tingling sensations in the fingers
• Loss of strength and dexterity in the hands
• Pain, aches, or cramps in the hands and arms
• Loss of sensitivity in the hands or fingers, which can make it difficult to distinguish between hot and cold
• White fingers (Raynaud’s phenomenon) in cold weather, which can become permanent over time
• Loss of grip strength and coordination
• Reduced ability to perform finer motor tasks, such as buttoning a shirt or writing
• Difficulty sleeping due to pain or discomfort in the hands and arms
• Restricted mobility in fingers, wrist and arms
• Changes in the colour of the fingers. In most instances, the tips of the affected fingers will become pale and then go red

Hand-Arm Vibration Syndrome can significantly impact your life, making it difficult to carry out typical daily tasks. It can cause even worse difficulties in more intricate activities such as undoing shirt buttons, threading a needle and handling coins.

The HSE highlights that the causes of Hand-Arm Vibration Syndrome are preventable, but once the condition arises, it is usually permanent. Therefore, all possible actions must be taken to minimise risk and prevent HAVS from developing. This responsibility is shared between both the worker and their employer. The employer, in particular, has legal obligations to take necessary steps to prevent avoidable injuries and illnesses from occurring in the workplace. Failing to do so would make them liable in a HAVS compensation claim.

Occupations at Highest Risk of Hand-Arm Vibration Syndrome

Anybody who regularly uses hand-operated tools that vibrate for prolonged periods may suffer from this condition. However, some occupations pose a higher risk to workers than others. Some of the most common job roles linked to this medical complaint and a Hand-Arm Vibration syndrome claim include:

• Construction workers using jackhammers, concrete breakers, and other power tools
• Metalworkers using grinders, sanders, and polishing tools
• Shipyard and dockyard workers using pneumatic drills and chisels
• Foundry workers using powered hammers and chisels
• Forest workers using chainsaws and brush cutters
• Assembly line workers using powered screwdrivers, drills and impact wrenches
• Dentists and dental technicians using dental drills and other hand-held instruments
• Gardeners and landscapers using powered hedge trimmers and leaf blowers
• Mechanics using impact wrenches and pneumatic drills
• Miners using hand-held rock drills and bolting machines

Those who work with any of the following tools regularly are most likely to suffer from Hand-Arm Vibration Syndrome if the correct precautions are not in place:

• Hammer action tools, such as SDS and combi-action drills, for more than 15 minutes daily
• Floor polishers and scrubbing tools
• Rotary tools and other action tools for over an hour each day

If you or a loved one developed any of the symptoms of HAVS, you should seek legal advice as soon as possible. An experienced solicitor will assess your circumstances and let you know whether you are eligible to make a HAVS claim for compensation.

Employer Duty of Care and Legal Protection for Workers

Employers have a legal duty to ensure the health and safety of their workers. That includes taking reasonable steps to protect employees from the risk of developing Hand-Arm Vibration Syndrome and other work-related illnesses.

The primary legislation that outlines the employer’s duty of care and legal protection for workers in the UK is the Health and Safety at Work etc. Act 1974. Under this law, employers must carry out risk assessments to identify any hazards that could cause harm to their workers and take appropriate measures to control those risks. That includes providing training and information to employees about the risks associated with their work and how to avoid them, as well as providing suitable protective equipment.

Another law that protects people who work with vibrating tools is the Control of Vibration at Work Regulations 2005. This regulation states that employers are legally responsible for the welfare of their staff and must protect them against risks.

Employers are required to minimise the likelihood of developing Hand-Arm Vibration Syndrome when a job demands using vibrating tools and machinery. To do this, the regulations stipulate that every employer should:

• Assess the risks associated with vibrating tools and machinery used in the workplace;
• Ensure that workers are not exposed to vibration levels above the action levels specified in the regulation;
• Provide health surveillance to workers exposed to vibrations;
• Give employees regular breaks when using vibrating power tools;
• Ensure that the workplace temperature is maintained;
• Ensure that workers have the right tools for the specific job at hand;
• Make sure that vibrating tools and machinery are properly maintained and inspected to reduce the risk of vibration exposure;
• Provide workers with anti-vibration gloves for protection;
• Ensure that each employee has adequate training on the use of vibrating power tools and machinery;
• Provide workers with information and instruction on the risks associated with vibrating tools and machinery and the measures in place to control exposure.

If an employer breaches their legal duty of care to staff and does not follow the contents of the regulations, an employee who suffers a health complaint such as Hand-Arm Vibration Syndrome may be entitled to claim HAVS compensation.

Although many people might worry that they could lose their job or suffer repercussions for making a work accident claim, this is simply not the case. Under UK employment law, taking legal action should not negatively affect your relationship with the employer. If your employer sacks you or makes your life at work difficult, you may have cause for unfair or constructive dismissal.

What evidence will I need to claim compensation for HAVS?

If you suffer from any of the symptoms of HAVS and have been using vibrating tools or machinery at work, your employer might be liable to pay you damages. To secure compensation for Hand-Arm Vibration Syndrome, you must provide evidence to support a HAVS claim, which may include the following:

• Medical evidence: You will need to provide medical evidence to show that you have been diagnosed with HAVS and that your symptoms are related to your work. This may include reports from your doctor, specialist, or occupational health professional.
• Employment records: You should provide employment records to show you have been exposed to vibration at work. These may include records of the tools and equipment you used, the tasks you performed, and the duration and frequency of your exposure.
• Correspondence: If you shared your concerns about your working conditions with your employer, you should provide your solicitor with a copy of any letters or emails with their responses.
• Witness statements: Witness statements from colleagues who can verify your exposure to vibration and the equipment you used may also be helpful.
• Your own statement: It is a good idea to keep notes about your job duties, how you believe these have caused you to develop HAVS, and how the condition has affected your life.
• Expert evidence: You may need to obtain expert evidence from an occupational health expert or an engineer to support your claim. Your solicitor may also arrange a free visit with a qualified physician to assess the full extent of your condition and how it may affect your life in the long run.
• Financial evidence: To seek compensation for the financial losses you incurred, such as loss of earnings and medical expenses, you will need proof like receipts, invoices or pay slips.

Once your solicitor has all the necessary evidence to prove liability and diagnosis, they will contact the defendant and inform them of your intentions to start a HAVS compensation claim. If they admit liability, you may begin to negotiate a fair settlement. Otherwise, your solicitor might advise you to go to trial and argue your case before a judge.

How long do I have to make a claim for HAVS?

As is the case with other industrial injury claims, you typically have three years to start a HAVS claim. As the condition develops over time due to exposure to vibrating tools and machinery, the time limit will usually begin on the date of knowledge of the injury. That refers to the date when you became aware of the cause of your condition and that it may be linked to the negligence of another party.

There are several exceptions to the three-year time limit:

• In the unlikely event that you were under 18 at the time of the diagnosis, the time starts to run once you become a legal adult, and you will have until your 21st birthday to pursue HAVS compensation.
• If you developed HAVS while working abroad for a foreign company, the limitation date can vary significantly between countries and be much shorter than three years.
• If the claimant lacks the mental capacity to conduct legal proceedings, a litigation friend could start a HAVS claim on their behalf at any point. The injured person might be unable to claim due to several reasons, such as:
  • Post-traumatic stress disorder
  • An intellectual disability like Down syndrome
  • A mental health condition such as schizophrenia
  • A traumatic brain injury or stroke
  • A neurodegenerative condition like Alzheimer’s disease

It is advisable to seek legal advice from a specialist personal injury solicitor as soon as possible to determine the applicable time limit and ensure that you start a HAVS compensation claim on time.

How much is a HAVS compensation claim worth?

The amount of compensation awarded for a Hand-Arm Vibration Syndrome claim varies depending on the severity of the condition and its impact on your life.

Compensation may cover the following:

• General damages: This refers to compensation for pain, suffering, and loss of amenities caused by the condition. The amount of compensation for general damages will depend on the following:
  • The physical pain and suffering caused by the condition
  • Its emotional and psychological impact
  • Whether it has led to the inability to pursue a hobby or leisure activity
  • The loss of life quality the HAVS has caused
  • The physical impairment and disability caused by the condition
• Special damages: This refers to compensation for financial losses and expenses and is calculated based on receipts, invoices, pay slips and other financial documents. Special damages could include:
  • Loss of earnings, if you were forced to take some time off work for a while because of your injuries
  • Loss of earning capacity, if you cannot return to work due to your condition
  • Transportation costs for ongoing visits to the hospital
  • Long and short-term medical expenses like consultation fees, treatments and physical therapy
  • Costs of care and assistance with everyday tasks you were unable to perform

Your solicitor will consider everything you have been through before negotiating HAVS compensation with the defendant. Each Hand-Arm Vibration syndrome claim is unique, but the compensation for general damages is usually awarded based on the guidelines offered by the Judicial College. According to these, you could receive the following:

• £2,990 to £8,640 for a minor injury that affects just a few fingers and has a minimal impact on everyday life
• £8,640 to £16,760 for moderate damage that causes some discomfort and clear signs of HAVS in cold weather
• £16,760 to £31,640 for more severe symptoms of HAVS with some impact on the individual’s ability to work and private life
• £31,640 to £38,430 for the most severe forms of HAVS severely affecting the person’s ability to work and carry out daily activities

To start a HAVS claim or learn more about your compensation prospects, call 0800 470 0474 for a free case assessment with a legal adviser. Alternatively, enter your details into the contact form below to receive a call back with no obligation to proceed with a claim.