If you operate any sort of machinery at work that vibrates, you run the risk of developing a condition known as hand arm vibration syndrome or HAVS. It is a condition commonly reported that many workers develop which includes vibration white finger and carpal tunnel syndrome because of the jobs they do. If you have developed and suffer from HAVS, you could be entitled to file a hand arm vibration syndrome claim against your employer if it is found there were negligent in the duty to keep you safe from harm in the workplace.

The problem is that the condition can develop over time, taking many years for any symptoms to become apparent. As such, you may find that many of the symptoms go unnoticed until much later on in time. However, you may still be entitled to file for compensation and as such it is best to discuss your case with a solicitor who specialises in hand, arm vibration syndrome in the workplace.

The Definition of Hand Arm Vibration Syndrome Injuries

With HAVS, there are 3 main categories of injuries that you may develop which are detailed below:

• Vascular
• Musculoskeletal
• Neurological

Vascular Injuries Explained

Vascular injuries include vibration white finger which is when blood flow to your hands and fingers are negatively impacted which happens as a result of the constant vibration caused by certain types of machinery and equipment found in the workplace. The vibration damages small blood vessels and these then constrict, resulting in less blood flowing to your hands and fingers. The weather has an impact with colder conditions being the trigger. An affected area of skinchanges colour with fingers turning white and when things get back to “normal”, the pain caused can be quite considerable.

Musculoskeletal Injuries Explained

You can suffer from various types of musculoskeletal injuries as a result of developing hand arm vibration syndrome which includes arthritis and tendinitis as well as having to cope with varying degrees of reduced mobility. The condition can also negatively impact the muscle fibres found in and around your hands with the end result being you find it harder to grip and hold onto things.

Neurological Injuries Explained

As previously mentioned, many of the symptoms of hand arm vibration syndrome can take a long to appear and a lot of the time, they go unnoticed and unreported. The problem is that the symptoms are all too often cause irreversible neurological damage. The main symptoms include the following:

• Numbness
• Tingling in your hands and fingers
• Reduced grip

A lot of people believe these symptoms are associated with ageing or tiredness, whereas in fact, it has been medically proved that they are symptoms of having developed hand arm vibration syndrome.

What are the Most Common Symptoms Associated with HAVS?

The most common symptoms of hand arm vibration syndrome are detailed below:

• Obvious white patches that appear on your skin more especially when the weather is colder
• A tingling, uncomfortable sensation in affected fingers
• A general numbness in one or several of your fingers
• A total loss of feeling and sensation in affected fingers
• Muscle damage which results in a reduced capacity to grip things
• Reduced mobility in your hands and fingers

Are There Any HAVS Regulations in the Workplace?

The Health and Safety at Work Act 1974, states that all workers and employees must be kept safe from harm in the workplace. On top of this, employers are legally required to ensure that staff who use machinery and equipment that vibrates, are not put at risk of developing HAVS which is covered by the Control of Vibration at Work Regulations Act 2005. Your employer’s legal responsibility towards you under the Act is as follows:

• That you take frequent breaks when operating tools, machinery and equipment that vibrates
• To provide you with the appropriate safety equipment which must include anti-vibration gloves when you use tools that vibrate or operate machinery that vibrates
• That the workplace boasts a reasonable temperature for you to work in
• To minimise the risk of developing HAVS by providing you with the correct safety equipment
• That you are given the correct initial and ongoing training in Health and Safety at work

It is worth noting that some symptoms associated with HAVS can take 10 or so years to be correctly diagnosed. However, just because your condition is diagnosed years later, it does not mean that you cannot make a hand arm vibration syndrome claim against a negligent employer.

What Amount of HAVS Compensation Could I Receive?

When it comes to the amount of compensation you may be awarded in a successful hand arm vibration syndrome claim, this would depend on several factors which are detailed below:

• The severity of your condition
• How your condition impacts your daily life
• How your condition impacts your ability to work

The amount of compensation you may receive having developed HAVS is as follows:

• For conditions that have little effect on your daily life and which affects a few fingers, you may be awarded anything from £2,390 to £6,890
• For conditions that cause moderate damage that cause you discomfort more especially when the weather is colder, you may be awarded anything from £6,890 to £13,360
• For conditions that cause a lot of pain and discomfort, you may be awarded anything from £13,360 to £25,220

It is worth noting that for very serious cases of HAVS which negatively impact your daily life and ability to work, you may be awarded anything from £25,220 to £30,630 in a successful hand arm vibration syndrome claim.

How Do I Prove Negligence In A Hand Arm Vibration Syndrome Claim?

In many cases, the symptoms associated with HAVS go unnoticed and therefore unreported for many years. However, thanks to modern day health testing, it is possible to determine the severity of hand arm vibration syndrome and why you may have developed the condition through the work you do or used to do. As such, even if time has passed, the fact that you used to operate machinery or equipment that vibrated or used tools that vibrated in the past, you may still be able to file a HAVS claim for compensation against a negligent employer.

In order to strengthen your case, you should gather as much evidence as possible which includes witness statements, their contact details, medical reports on your condition and whether any other employees also developed hand arm vibration syndrome at work.

Should I Make a HAVS Claim Against my Employer?

Although many employees worry about filing a HAVS claim against an employer for fear of being treated unfairly or sacked from their jobs, if you develop any of the symptoms of hand arm vibration syndrome and you can prove that your employer was negligent in their duty to keep you safe from harm in the workplace, you have every right to seek compensation for the pain, suffering and out of pocket expenses you incurred. More especially if your condition prevents you from working again.

What Are My Rights if I Develop HAVS at Work?

All employees have rights in the workplace which keeps them safe from harm, being treated unfairly or discriminated against should they decide to file a HAVS claim against a negligent employer. Your rights are as follows:

• That if you suffer an accident at work that leaves you injured, you receive the compensation you are entitled to
• That even if you file a claim for compensation from your employer, you job is safe

 Could I Be Sacked for Filing a HAVS Claim Against My Employer?

Your employer cannot sack you for filing a hand, arm vibration syndrome claim against them and if they do, you would be entitled to file an unfair dismissal against them, providing there are no other valid reasons for your dismissal. If you suffer any sort of injury at work through no fault of your own but rather because of employer negligence or the error of a workmate, you have every right to seek the compensation you rightly deserve for all the pain, suffering and out of pocket expenses you incurred.

Working With a Solicitor on a No Win No Fee Basis

Because work-related compensation claims tend to be long-drawn out legal procedures, it is best to seek legal advice as soon as possible. There is a 3 year time limit associated with all personal injury claims and although it seems like long enough, gathering all the evidence and other relevant information needed to file a successful claim against a negligent employer takes time and a lot of effort.

Once a solicitor has assessed you case which they would do in an initial consultation which is typically free of charge. Once this is established a solicitor would offer to work on your claim on a No Win No Fee basis which means you would only pay a “success fee” which is the percentage you agreed with the solicitor when signing the Conditional Fee Agreement (CFA). This is a legal contract that sets out the “terms and conditions” of the agreement. Should your hand arm vibration syndrome claim not be successful, there would be nothing to pay for the legal representation you received.

If you suffer from tinnitus because you were exposed to a lot of noise in the workplace, you could be entitled to file a tinnitus personal injury claim against your employer. The reason being that your employer could be held negligent in their duty of care to keep you safe from harm and injury in the workplace.

What Are The Symptoms of Tinnitus?

There are numerous tinnitus symptoms which range from minor to much more serious which are detailed below:

• A persistent, ringing in your ears
• A mild buzzing in your ears
• Total hearing loss

Very often you may experience a mild humming or buzzing noise in your ears when you are exposed once to a very loud noise but this disappears over a couple of days or sooner. With this in mind, if you are exposed to loud noises in the workplace on a constant basis, you could end up losing your hearing permanently.

Having to put up with a constant humming and buzzing in your ears can ruin your quality of life but it can also do the following:

• Negatively impact your ability to get a good night’s sleep
• It can seriously impact your overall health and well-being
• It can have a negative impact on relationships with family and friends

What are the Common Causes of Tinnitus in the Workplace?

The most common cause of tinnitus in the workplace is being constantly exposed to loud noises which is often the case in the following work environments:

• Manufacturing
• Construction
• Road maintenance
• Farming
• Engineering
• The entertainment industry
• Armed forces

You may not be aware of how your hearing is being negatively impacted to begin with, although if you are exposed to a very loud noise, you may notice a ringing or buzzing in your ears straight away which subsides quite quickly. Even with persistent exposure to loud decibels, the symptoms of tinnitus may not be immediately apparent and sometimes they are so mild, that you may not take much notice of them. Symptoms can be sporadic, which is another reason why you may not take them seriously. However, over time tinnitus symptoms tend to worsen in intensity.

What is My Employer’s Duty of Care Towards Me?

All employers in the UK are legally required to keep you safe from harm and injury in the workplace. If they fail in this duty and you develop tinnitus at work as a direct result, your employer could be held negligent. If you work in a high noise working environment, an employer must provide you with the following:

• Adequate personal protective equipment (PPE)
• They must provide you with sufficient training to use machinery and equipment

If you develop tinnitus because your employer ignored any of the above, you could be entitled to file a claim for compensation from them for the pain, suffering and out of pocket expenses you incurred.

How Much Compensation Could I Receive in a Tinnitus Claim?

The amount of compensation you may be awarded in a successful tinnitus claim, would depend on the severity of your condition and how it impacts your ability to work and your quality of life. As a rough guide you may receive the following amounts in a successful personal injury claim against a negligent employer:

• Mild symptoms of tinnitus, you could be awarded up to £5,590
• Mild symptoms and occasional tinnitus with a slight hearing loss, you could receive anything from £5,870 to £10,040
• Moderate to severe tinnitus and noise induced loss of hearing, you may be awarded anything from £11,890 to £23,670
• Severe tinnitus and noise induced loss of hearing, you may receive anything from £23,670 to £36,310

If you would like to find out whether you have a strong case against a negligent employer, the best course of action is to discuss your tinnitus claim with a solicitor who specialises in accident at work claims.

How Do I Make a Tinnitus Claim for Compensation Against My Employer?

You have 3 years from the time your condition was diagnosed by a medical professional to file a tinnitus claim against an employer who has been negligent in their duty to keep you safe from harm in the workplace. The reason being that symptoms of tinnitus may not manifest themselves for several years. As such, it may take many years to realise just how much your hearing has been negatively impacted by the job you used to do or which you still do.

If you work or worked in a high-noise working environment and developed the symptoms of tinnitus over time, you would need to provide evidence that your employer did not provide you with adequate personal protective equipment (PPE) and as a result of their negligence, you ended up suffering from tinnitus. The best course of action if you would like to file for compensation, is to contact a solicitor who specialises in tinnitus compensation claims.

What Can I Include in a Tinnitus Claim?

There are certain things that can be included in your tinnitus claim for compensation, which could include the following:

General damages

General damages cover the direct effects of how your injury affected you following an incident that left you injured at work. These could include the following:

• The pain and suffering you had to endure as a direct result of suffering from tinnitus
• Physical impairment and injuries which covers the fact that you may have to cope with a disability and with a tinnitus claim, this would be work-related hearing loss which could negatively impact your overall health and well-being
• Mental anguish and pain that you suffer as a direct result of having developed tinnitus at work
• How your life has been impacted and whether your condition means you have a lower quality of life which includes having to depend on others which you did not have to do prior to having developed tinnitus at work
• Loss of companionship which applies to family members who lose a loved one
• Loss of your unique career should you not be able to carry out your job because of your condition
• Problems finding alternative work because your tinnitus prevents you from doing so

Special damages

You would be awarded special damages in a successful tinnitus claim to cover all the out-of-pocket expenses you incurred as a direct result of having developed tinnitus at work. The sort of special damages you may be awarded could include the following:

• All the medical expenses whether short-term and long-term that you incurred as a direct result of having treatment for your condition. This includes consultation expenses, prescriptions, medication, hospital stay and diagnostic tests needed to establish your condition
• Travel expenses which covers all the costs of travelling to hospital and other medical facilities for necessary treatments whether you go to and from the treatments by car, bus, train or taxi
• Loss of earnings which includes any perks or bonuses you may have missed out on because you were unable to work
• Loss of future earnings if your condition prevents you from working again
• Care costs should you need help around the home or because you have to go into a care home

Can I Be Sacked for Filing a Tinnitus Claim Against My Employer?

Your employer cannot legally fire you should you decide to file a tinnitus claim for compensation against them and if they do, you may be entitled to make an unfair dismal claim against them too. You have certain worker’s rights in the event of suffering an injury, illness or disease whilst you are at work which are as follows:

• If you develop tinnitus and suffer work related hearing loss, you awarded a level of compensation you rightly deserve for the pain, suffering and out of pocket expenses you incurred
• That your job is safe even when you file a compensation against your employer because you developed tinnitus

There are specific laws that protect all employees in the UK which employers are legally required to follow and should an employer fail in their duty to keep you safe from harm and injury when you are at work, they could be held liable.

What is the Time Limit to Filing a Tinnitus Claim?

As with all personal injury claim that are work-related, there is a time limit associated with filing a tinnitus claim against a negligent employer. However, the difference with this type of claim is that it begins from the time you become aware of you condition which is when it is officially diagnosed by a doctor or medical professional. The reason being that you may not realise you developed the condition for several years because tinnitus symptoms may not present themselves till much later on.

Should I File a Tinnitus Claim Against my Employer?

If you develop tinnitus and as a result suffer from work-induced hearing loss because your employer failed to keep you safe at work, your ability to work and your quality of life may be seriously and negatively impacted. Depending on the severity of your condition, you may find that you are unable to work again. As such you could find yourself in financial difficulties causing more stress and anxiety to your daily life, therefore you have every right under UK law to file for compensation against your employer, providing you can prove negligence in their duty of care to keep you safe from harm and injury in the workplace.

How Do I Start a Tinnitus Claim Against My Employer?

If you suffer from tinnitus and would like to file a personal injury claim against an employer because you strongly believe that they did not set in place measures to keep you safe in the workplace or they failed to provide you with adequate training and personal protective equipment, you should discuss your claim with a solicitor who works on accident at work claims. You would need to gather as much evidence as you can to establish whether your employer was negligent in their duty to keep you safe from harm at work. Most solicitors offer an initial consultation which is free of charge. It allows a solicitor the opportunity assess your claim taking into account the circumstances pertaining to how you first developed tinnitus at work. If a solicitor believes you have a strong claim against a negligent employer, they would work with you on a No Win No Fee basis which in short, means you would not have to worry about finding the money to pay for legal representation.

Working with a No Fee No Win Solicitor on a Tinnitus Claim

If you are planning to file a tinnitus claim for compensation from your employer because you developed the condition in the workplace, the best course of action is to seek legal advice from a solicitor who specialises in this type of work-related injury claim. Most solicitors would offer a no obligation consultation which is free of charge which allows them to assess your case before offering valuable advice on how best to proceed with a tinnitus claim against a negligent employer.

Once the solicitor has assessed your claim, they would typically offer to work with you on a No Win No Fee basis. This means they would request that you enter into a Conditional Fee Agreement (CFA) with them. This is a legal contract that sets out the Terms and Conditions of the agreement and the agreed percentage you would only have to pay for the legal representation you receive on a successful tinnitus claim. Should your claim not be successful, there would be nothing to pay a solicitor who represents you on a No Win No Fee basis thanks to the CFA you signed.