We helped John* get compensation that’ll help him retire now he can’t work after getting hand-arm vibration syndrome (HAVS) from working with an oscillating multi tool.
What happened to John?
John started working for a company that specialises in glass fitting and deliveries. The company are known for removing and re-fitting screens and bay windows on trains, buses, and coaches.
John started as a second man, which is the equivalent of a junior or trainee installation technician. He was required to work various shift patterns, consisting of 12-hour shifts, with two days a week off.
John was eventually promoted to first man in 2015 and worked on trains, trams, and coaches as the senior technician. His work as a senior technician involved removing windows that were fitted with polyurethane backfill. This backfill was connected to the body of the vehicle and would become difficult to remove and cut over time.
John used an oscillating multi tool. He’d use the tool on the highest setting because he found that it was the only way to cut through the backfill and window.
The oscillating multi tools he used were either old or refurbished to a bad standard. This meant the tool vibrated violently, and the vibration would travel up his hands and arms.
John would often work on projects where he’d have to remove and refit all windows on two trains a weekend. These projects would usually take two to three weekends a month to get the work done. He’d be using an oscillating multi tool for 12 hours a day on some occasions.
In October 2018, John completed a HAVS screening questionnaire. He didn’t know much about HAVS or the risks of HAVS before this assessment.
How has this impacted John’s life?
Since mid-2017, John has experienced symptoms of numbness and tingling in his fingers. As time has passed, the frequency and severity of the numbness and tingling has worsened. John has also started suffering from whiteness in his fingertips, which is where his fingertips will turn white and go numb.
John can’t handle small objects, such as Lego, which can make it hard to play with his children. He has two young children and HAVS makes it difficult to do regular activities with them.
He used to play the guitar regularly but can’t because the strings are too difficult to play and cause him pain when he tries.
John can no longer work, which means he’s going to significantly lose out on earnings.
How did Irwin Mitchell help John?
John came to our occupational and industrial disease team to understand what had caused the issues with his fingers. Alex Shorey, a Senior Associate Solicitor with extensive experience in making HAVS claims, supported John and his family with his claim.
Alex started his investigation by gathering John’s medical records and employment history. He also used an independent medical expert who diagnosed John using the Stockholm Workshop Scale (SWS), which is used to grade the severity of HAVS. The expert graded John on the SWS as one vascular (whiteness) bilaterally and three Sensorineural symptoms in both hands, both of which are high gradings.
We took John’s claim to his former employer. They argued against some of the points we presented, such as the amount of vibration he was exposed to and the severity of the symptoms.
However, after being presented with more evidence, they admitted a breach of duty. They admitted he was exposed to vibration that went over the safe level.
John’s claim went to a Joint Settlement Agreement and involved lots of discussion with his former employer about the settlement. They originally offered £25,000, but we were able to settle on a six-figure settlement. This considered his loss of earnings, and the pain and suffering caused to John.
John can use this money to make sure he and his family are financially secure, while enjoying time with his young children.
Expert opinion
On John’s claim, Alex said: “It’s sadly all too common for employers to not provide the right protection and equipment to their employees. Because of this, John’s employment prospects have been severely limited and even outside of work he struggles to do many of the things he used to enjoy.
*Not real name used.
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