Vibration White Finger Claim

Vibration White Finger (VWF), also known as Hand-Arm Vibration Syndrome (HAVS), is a condition commonly experienced by workers in industrial jobs using vibrating tools and machinery for extended periods. Symptoms affect the hands, wrists, and arms and can worsen over time and even become permanent.

Construction workers face a high risk of VWF due to the frequent use of power tools like jackhammers and pneumatic drills. Other equipment, such as chainsaws, lawnmowers, disc cutters, sanders, and hedge trimmers, also increase the risk of developing the condition.

Employers are legally obliged to minimise or eliminate any hazardous risks in the workplace to protect their staff. If your employer failed to take adequate safety measures, which has resulted in you being diagnosed with VWF, you might be eligible to make a vibration white finger claim.

To arrange a free case assessment with an experienced solicitor, call free on 0800 470 0474 or enter your details into our online claim form to arrange a call back. If you have a valid claim, they can help you secure vibration white finger compensation on a no win no fee* basis.

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Table of Contents

• What is vibration white finger?
• Symptoms of vibration white finger
• Requirements to make a vibration white finger claim
• Who is at risk of developing vibration white finger?
• How can vibration white finger at work be prevented?
• How long do I have to claim vibration white finger?
• Can my employer penalise me for making a claim against them?
• Will I be offered a no win no fee service?
• How much compensation will I be awarded?
• Want to find out more?

What is vibration white finger?

Vibration White Finger (VWF) is a type of industrial injury caused by prolonged use of vibrating machinery, such as chainsaws, drills, or jackhammers. The precise cause of VWF is uncertain; however, it is believed to result from repeated damage to the blood vessels and nerves accumulated over time in the fingers.

This causes whitening of the fingertips, numbness, pain and weakness in the hands and fingers. As the condition progresses, it can lead to loss of hand strength and difficulty picking up and manipulating small objects, which may severely affect your quality of life.

According to the Health and Safety Executive, the number of new cases per year dropped from 1,210 in 2010 to 80 in 2020. However, the actual incidence may be underestimated for several reasons, such as:

• Exclusion of self-employed workers from the scheme
• A lack of knowledge regarding the possibility of claiming for vibration white finger
• Individuals being unaware of the possible occupational origin of their condition

Some studies estimate that up to 10% of individuals who use vibrating machinery for extended periods may develop VWF. It could take several months or even years between the initial use of vibrating tools or machinery and the onset of symptoms. The risk of developing VWF symptoms increases based on the vibration intensity and the duration for which such vibrations are experienced.

However, this number may vary, and it is important to take appropriate precautions to reduce the risk of VWF and other related conditions. Employers must carry out all reasonable steps to provide a safe working environment and reduce the risk of injury to their workers.

If you have developed VWF due to your employer’s negligence or failure to comply with UK legislation, you may be entitled to start a vibration white finger claim.

Symptoms of vibration white finger

Although the condition is not life-threatening, the symptoms of VWF can substantially impact your life and affect your ability to complete various everyday tasks. Some common symptoms of the condition include a combination of the following:

• Tingling sensation and pain in the fingers
• Numbness
• Coldness
• Pain in the fingers and palm
• White patches on the skin
• Loss of grip sensation and manual dexterity
• Inability to move fingers with ease
• Inability to feel things properly

Symptoms may sometimes show a few months after exposure, but they typically take several years to manifest. Lengthy exposure to vibration can worsen the symptoms and sometimes make them permanent.

If you suspect you have VWF, consult your GP as soon as possible. They will conduct tests to determine the extent and severity of the injury and rule out other conditions.

As the condition cannot be cured, the treatment aims to reduce and manage its symptoms. Your healthcare provider may recommend anti­hypertensive medications to improve peripheral blood circulation or pain relievers to alleviate the discomfort. You should also try to reduce or stop your exposure to vibrating equipment, cold environments and smoking.

If your job requires you to work with vibrating power tools regularly, steps must be taken to try to prevent you from developing this and other similar injuries. Your employer should carry out periodic risk assessments, and you should be offered advice on minimising the potential risks of developing this condition.

Health assessments and advice are often provided by industries whose staff are at risk of illnesses and injuries in the workplace. If they have failed to protect your health and well-being, you might be able to start a vibration white finger claim on a no win no fee basis.

Requirements to make a vibration white finger claim

All employers have a duty of care to their staff to provide a safe working environment and eliminate the potential for injury or illness from job roles. The Control of Vibration at Work Regulations 2005 was introduced to protect workers that use vibrating tools and machinery as part of their job roles.

Under these regulations, employers must take steps to ensure that safety measures are in place to help prevent workers from contracting industrial diseases such as vibration white finger. Their legal obligation to minimise the risk of injury includes the following:

• Carrying out risk assessments at the workplace;
• Providing workers with regular breaks from vibrating tools;
• Keeping tools maintained in safe conditions;
• Offer advice to employees concerning preventative care and early symptoms of the condition;
• Ensuring there is adequate protection for workers, such as making anti-vibration gloves available;
• Ensuring that workers are given proper training in using power tools so they can carry out their tasks safely.

If you have been diagnosed with VWF or any other work-related injury, you could be eligible to claim personal injury compensation. To have a valid vibration white finger claim, you need relevant evidence to prove that:

• Your employer failed to comply with the Control of Vibration at Work Regulations 2005
• Their breach of duty caused you to develop symptoms of vibration white finger
• This has caused you pain, suffering and financial losses
• You were diagnosed with the condition in the last three years

If your employer’s negligence caused you to develop vibration white finger, you should be eligible to receive compensation for the pain, suffering and any financial losses caused by your injury.

To see if you have a valid claim for vibration white finger, you can request a free case assessment by calling free on 0800 470 0474. Alternatively, you can use our online form to arrange a call back.

Who is at risk of developing vibration white finger?

Vibration white finger is a permanent and painful condition that is usually linked to the prolonged use of handheld power tools. It can occur in a single hand or both following the use of vibrating tools and equipment, such as:

• Rotary saws
• Hand drills
• Concrete breakers
• Hammers
• Angle Grinders
• Road rollers
• Disc cutters
• Impact wrenches
• Chainsaws
• Hedge trimmers
• Jackhammers
• Power drills

These tools can transmit vibrations through the hands and arms of the operator, potentially damaging the nerves and blood vessels. If the exposure to vibrations is regular, it can result in permanent conditions such as vibration white finger. Although this can apply to anyone who uses such tools occupationally or recreationally, research suggests that people in some industries are more at risk of developing VWF:

• Construction
• Metalworking trades
• Mining
• Forestry
• Stone carving
• Automobile assembly
• Automobile repair
• Quarry drilling
• Foundry work

Employers must take all reasonable measures to reduce the risk of developing VWF in the workplace. Failing to comply with the health and safety legislation could make them liable for a vibration white finger claim.

How can vibration white finger at work be prevented?

Vibration White Finger is an occupational injury caused by extensive use of handheld vibrating machinery. While there is no cure for the condition, it can be prevented by following the Control of Vibration at Work Regulations 2005.

According to these regulations, employers should conduct regular risk assessments to identify and eliminate risks linked to using handheld tools. These assessments should:

• Identify the presence of vibration-related risks
• Estimate the employer’s exposure to vibration
• Determine what control measures are necessary to prevent injuries
• Provide health checks for employees exposed to risks
• Encourage workers to notify them if they suffer any early symptoms

Based on the outcome of risk assessments, employers must take all necessary and reasonable measures to prevent employees from developing vibration white finger, such as:

• Seek alternative work practices to reduce or eliminate exposure
• Implement automation where feasible
• Supply suitable and effective PPE, which could include anti-vibration gloves
• Choose tools with the lowest vibration that are fit for the task
• Replace outdated equipment
• Ensure that tools with a proper grip are utilised for each job
• Train the staff in charge of purchasing on the impact of vibrations
• Enhance workstation design to reduce arm strain from poor posture
• Implement rotating employee schedules to limit exposure time
• Maintain a comfortable temperature in the work environment
• Provide ten-minute breaks at least every hour
• Offer sufficient training on the use of vibrating tools

Employers need to take steps to prevent VWF and protect the health and well-being of their employees. Failure to do so could result in liability claims and may entitle you to vibration white finger compensation.

How long do I have to claim vibration white finger?

To make a successful personal injury claim for vibration white finger or any other industrial disease, you must commence legal proceedings within the statutory three-year time limit. According to the Limitation Act 1980, this begins to count down on either:

• The date of an accident or injury
• The date that you are made aware of your condition (the date of knowledge)

In most cases, symptoms of VWF do not become apparent until a number of years after exposure to vibrating tools. So, in most vibration white finger claims, the three-year time limit would be based on the date of knowledge. That is the date that your condition has been diagnosed by your GP or another healthcare professional.

In the UK, there are several exceptions to the three-year time limit to claim for personal injury, including:

• If the injured person is a minor, the three-year time limit begins on their 18th birthday. A litigation friend could claim on their behalf at any point before that.
• If a person does not have sufficient mental capacity as determined by the Mental Capacity Act 2005, they are exempt from the three-year time limit. This could be due to conditions such as:
  • Post-traumatic stress disorder
  • An intellectual disability such as autism or Down syndrome
  • A mental health disorder like severe depression
  • A neurodegenerative condition such as Alzheimer’s disease
  • A traumatic brain injury
• If you developed vibration white finger while working abroad, the time limit to start a legal case might vary based on the particular country’s regulations. It may be shorter than the standard three-year time limit.

To ensure you do not miss out on the compensation you are legally entitled to, it is always best to get legal advice as early as possible after being diagnosed with hand-arm vibration syndrome.

Can my employer penalise me for making a claim against them?

All UK employees are legally entitled to claim against their employer for any injuries incurred as a result of workplace liability. It is, therefore, unlawful for your employer to penalise you or make your working life difficult if you have made a vibration white finger claim against them.

If your employer discriminates against you for making a work accident claim, whether by dismissing you or treating you unfavourably, you would likely be able to make a further claim against them at an employment tribunal.

In the UK, unfair dismissal laws are employment regulations that protect workers from being terminated from their job without a just cause. Employment laws regulate the circumstances under which you can legally be dismissed, and the procedures your employer must follow during the process. You have three months to take legal action if you are sacked without a just cause.

Many employers see a claim for compensation against them as an alert of further potential hazards within the workplace. Claims can therefore result in safer working environments for all members of staff.

Furthermore, the Employers’ Liability (Compulsory Insurance) Act of 1969 requires employers to have insurance coverage for liability claims made against them by their employees. If you win your claim for vibration white finger, their insurer will pay your compensation award rather than your employer.

Will I be offered a no win no fee service?

No win no fee is a type of legal fee arrangement between a claimant and their personal injury lawyer. Under this arrangement, your solicitor agrees to represent you in a claim for vibration white finger on the condition they will only receive a payment if the case is won.

This gives every victim of negligence the chance to pursue compensation for their injury or illness. Since the solicitor is taking on the risk of the outcome, this makes legal services more accessible to people who may not have the financial means to pay for legal services upfront.

After a free consultation, your solicitor will determine whether your case has merit and if it is likely to be successful. If that is the case, they will provide you with a conditional fee agreement, which means that:

• They will offer their expert knowledge and experience to secure the maximum amount of vibration white finger compensation;
• They will help you gather and preserve evidence that can strengthen the case and support your claim;
• They will use their negotiation skills to ensure that you receive the full amount of compensation to which you are entitled;
• They can provide representation in court if your case is complex and you cannot settle;
• They will take care of the legal process, leaving you free to focus on your recovery, saving you time and making the process less stressful;
• They only receive a success fee of up to 25% of the compensation award upon winning your vibration white finger claim;
• If your case fails, you will not be required to pay anything to your solicitor or anyone else.

A no win no fee service protects you from incurring any legal fees if your case fails. This is made possible by the After the Event (ATE) insurance policy that your solicitor will secure at the beginning of legal proceedings. The ATE covers fees and disbursements that you would otherwise be liable for if your claim was unsuccessful, such as:

• The defendant’s solicitor
• Court and counsel fees
• Medical reports
• Expert witness fees
• Paralegal, secretarial and other staff time
• Barrister fees if your case goes to court

To find out if you have a valid vibration white finger claim, call 0800 470 0474 or arrange a call back for a free case assessment with an experienced legal adviser. If you have a valid claim, your injury solicitor will be pleased to offer their services on a no win no fee basis.

This means you can claim the compensation you rightly deserve for your condition without putting you and your family at financial risk. You only pay your solicitor a fee if and when they successfully win your claim, and if your case is lost, you will not pay a penny.

How much compensation will I be awarded?

The amount of compensation that a person may receive in a vibration white finger claim depends on various factors. These include the severity of the condition and the effect it has on the claimant’s life. For relatively minor cases of VWF, the Courts recommend compensation of between £2,420 and £6,985. If the symptoms suffered are more serious, the compensation awarded could be around £25,575 to £31,075.

These sums refer strictly to the compensation awarded for general damages, which include non-pecuniary factors such as:

• Physical pain and suffering
• Emotional and psychological distress
• Loss of enjoyment of life
• Reduced quality of life
• Physical impairment and disability
• Loss of consortium
• Disfigurement

Further damages may also be granted for any financial losses suffered as a result of the illness. This is known as special damages and includes:

• Loss of earnings and earning capacity
• Medical costs for prescription and interventions
• Travel expenses for medical visits
• The cost of rehabilitation and physical therapy
• Care costs if you are unable to care for yourself
• Loss of benefits or pension entitlement

Your solicitor will be able to assess your circumstances and provide you with an estimated vibration white finger compensation figure during a free consultation. This will give you an idea of how much you could be entitled to receive for your damages and help you manage your expectations from the outset of your claim.

Want to find out more?

At InjuryClaims.co.uk, you have the opportunity to discuss your case with an experienced personal injury solicitor during a free, no-obligation consultation. As well as finding out if you are eligible to claim for vibration white finger, this is the ideal time to ask any questions about your case and the process of making an injury claim.

To arrange your free consultation, call free on 0800 470 0474 or enter your details to request a call back.