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HAVS Compensation Claims: Maximising The Payouts
Hand Arm Vibration Syndrome (HAVS) encompasses various conditions, such as Vibration White Finger (VWF) and carpal tunnel syndrome, which result from prolonged use of vibrating tools and equipment in the workplace. The development of HAVS typically spans several years, with early symptoms often going unnoticed.
If you have experienced hand-arm vibration syndrome due to your employer’s negligence, you may be eligible to pursue a HAVS compensation claim. We can assist you by offering a free initial consultation. If your claim demonstrates viability, one of our personal injury solicitors will converse with you. Should they decide to handle your HAVS claim, they will operate on a No Win, No Fee basis.
We encourage you to continue reading to explore further details regarding claiming compensation for HAVS. Alternatively, if you wish to discuss your options ex immediately, please get in touch with our team today.
Table Of Contents
- Determining Eligibility for HAVS Compensation Claims
- Injuries Caused by Hand Arm Vibration Syndrome
- Common Symptoms of HAVS
- Determining Compensation for HAVS
- Providing Evidence of Negligence for a HAVS Claim
- Time Limits for Claiming HAVS Compensation
- Hand Arm Vibration Syndrome Compensation Claims Against Previous Employers
Determining Eligibility for HAVS Compensation Claims
Your employer is obligated to provide a duty of care for your well-being. The Health and Safety at Work Act obligates employers to take reasonable measures to ensure your safety while working. Additionally, specific regulations, such as the Control of Vibration at Work Regulations 2005, outline further guidelines for employers. These regulations stipulate that employers must:
- Allow regular and frequent rest breaks for individuals using vibrating tools.
- Provide appropriate safety equipment, such as anti-vibration gloves.
- Maintain a reasonable temperature within the workplace.
- Supply suitable tools for the tasks at hand.
- Deliver adequate training on the safe usage of vibrating tools.
- Maintain and repair vibrating tools effectively.
Suppose your employer breaches this duty of care, demonstrating negligence, and you have received a professional medical diagnosis of Hand Arm Vibration Syndrome (HAVS). In that case, you can pursue a HAVS compensation claim. You must note that your employer may be held negligent if they do not conduct regular risk assessments or address any concerns you raise about your safety at work.
If you meet the criteria for a HAVS compensation claim, we encourage you to contact our claims advisors for a complimentary review of your options.
Injuries Caused by Hand Arm Vibration Syndrome
HAVS can profoundly impact your ability to work and engage in your usual activities. There are three primary categories of injuries associated with HAVS:
- Vascular Injuries: Constant exposure to vibration can damage blood vessels and impede blood flow throughout the body. This is particularly evident in Vibration White Finger claims, where blood vessel damage in the hand results in reduced blood supply to the fingertips.
- Musculoskeletal Injuries: Using vibrating tools increases the risk of developing tendonitis and arthritis. Prolonged use of vibrating tools can also damage muscle fibres, reducing grip strength and mobility.
- Neurological Injuries: HAVS injuries are often disregarded as fatigue or a natural consequence of ageing. Unfortunately, neurological injuries tend to be irreversible. You may be eligible to pursue a HAVS compensation claim if you experience numbness or tingling in your fingers and hands, which could be related to using vibrating tools at work.
Common Symptoms of HAVS
According to HSE(The Health & Safety Executive), Hand Arm Vibration Syndrome (HAVS) can cause various symptoms, including:
- Numbness and tingling sensations in the fingers.
- Weakness in the hands.
- Impaired tactile sensation.
- Whiteness in the fingers (blanching) may worsen in cold or wet conditions.
The symptoms of HAVS may take a considerable amount of time, ranging from months to even years before they become noticeable. Notably, the duration of your exposure to vibrating tools plays a significant role in the emergence and severity of these symptoms. The effects of HAVS can have a significant impact, such as:
- Pain and disturbances in sleep.
- Inability to work in damp or cold environments.
- Difficulty performing everyday tasks like fastening buttons or tying laces.
- Impaired ability to perform intricate tasks.
- Reduced strength and grip, posing challenges for safe working conditions.
Determining Compensation for HAVS
When seeking compensation for HAVS from your employer, it’s important to outline how you have suffered (general damages) and the associated costs you have incurred (special damages). General and special damages are further explained in detail. While each HAVS claim is unique based on individual experiences, a possible settlement amount could encompass the following:
Compensation for the distress and physical pain caused by HAVS.
- Coverage for stress, depression, or similar conditions resulting from your injuries.
- Reimbursement for care costs if you require assistance with daily activities.
- Compensation for the impact of HAVS on your hobbies and social life (loss of amenity).
- Coverage of medical treatment expenses.
- Reimbursement for travel costs related to medical appointments.
- Compensation for loss of earnings, including future loss of earnings if HAVS has affected your long-term earning capacity.
- Consideration of home adaptations that could alleviate the symptoms of HAVS.
Given these factors’ complexity, seeking legal representation is advisable before filing a HAVS claim. By contacting one of our solicitors, we can assist you in initiating your claim process. Call us today to discuss your case and receive your guidance.
Providing Evidence of Negligence for a HAVS Claim
If you feel any of the symptoms associated with HAVS and have regularly used vibrating machinery or tools, you may have a claim for hand-arm vibration syndrome compensation. Typically, your employer will refer the personal injury claim to their insurer. You’ll need to provide convincing evidence to the insurer to establish your case and hold your employer responsible for your suffering. The following evidence can support your claim:
- Medical records: It is necessary to obtain a medical professional’s confirmation of your HAVS diagnosis. During the claims process, your solicitor can request a copy of the medical records for documentation.
- Correspondence: If you raised concerns about your working conditions with your employer, provide your solicitor with copies of any letters or emails exchanged, including any responses from your employer.
- Witness information: Colleagues who can attest to your working conditions can provide statements to support your claim. Ensure you obtain their contact details and share them with your solicitor.
- Personal statement: Inform your solicitor about the nature of your work and the equipment you used, and keep a diary documenting how HAVS has affected you. This will help explain instances when HAVS prevented you from working or attending family events.
Gathering and presenting this evidence increases your chances of winning your HAVS compensation claim. For expert guidance throughout the process, contact our solicitors today.
Time Limits for Claiming HAVS Compensation
HAVS claims are subject to a 3-year time limit like other industrial injury claims. However, the clock usually starts ticking from the point of your HAVS diagnosis by a doctor. Therefore, if you have recently been diagnosed, there is still time to pursue a compensation claim.
To ensure you have ample time to gather evidence and medical reports in support of your claim, we recommend contacting us promptly after your GP appointment. Our team can initiate the process swiftly, providing your solicitor with the necessary resources and time to build a strong case.
Hand Arm Vibration Syndrome Compensation Claims Against Previous Employers
At Index Claims, our personal injury solicitors specialising in workplace injury claims, including HAVS compensation claims. We can assist you even if you no longer work for the employer or the company is no longer operational. If you believe you have a valid HAVS compensation claim against a previous employer, please get in touch with us with as much detail as possible.
At Index Claims, We understand the challenges of pursuing a HAVS compensation claim and are here to alleviate that burden. With our dedicated team of skilled solicitors, we can ensure you receive the maximum compensation.
No Win, No Fee agreement means you can pursue your claim with peace of mind, knowing you won’t incur any financial risks.
Trust us to handle your claim with expertise, integrity, and a relentless pursuit of justice. Call us for a free initial consultation!
HAVS is typically caused by vibrating power tools such as chainsaws, drills, and pneumatic tools, which transmit vibrations to the hands and arms.
To establish a work-related cause for HAVS, you must provide evidence of prolonged exposure to vibrating tools, medical records documenting your condition, and expert opinions.
The time frame for making a HAVS Compensation Claim is three years from when you were diagnosed with HAVS.
The HAVS compensation payouts can vary depending severity of the condition, the impact on your quality of life, and the financial losses you have incurred.
Compensation claims for HAVS may include damages for pain and suffering, medical expenses, loss of earnings, rehabilitation costs, and future care needs.
Seeking legal advice from a specialist solicitor experienced in HAVS compensation claims is highly recommended to enhance your chances of a successful claim.
The complexity of the case, the evidence, and the defendant’s willingness to settle all affect the duration of a HAVS compensation claim. Consulting a solicitor can help you get a more accurate estimate.
If your employer denies liability for your HAVS, a solicitor can help gather evidence, including workplace records and expert opinions, to build a robust case in your favour.
You can still claim HAVS compensation even if you have changed jobs or no longer work for the same employer. A solicitor can assist in identifying the responsible parties and pursuing a claim on your behalf.