Chris* developed hand arm vibration syndrome (HAVS) after years of working as a glass installation technician. We helped him get compensation for his injuries that covered his loss of earnings now he’s had to change jobs.
What happened to Chris?
Chris started working for his former employer in 2005. He initially worked in a warehouse role until 2008, which involved dealing with stock and making sure the glass was ready for the fitters to take out on jobs.
Chris progressed into a delivery role and eventually into a window fitter, working as an installation technician. This role involved removing glass on public transport and refitting glass.
The work done by Chris involved using an oscillating multi tool. Approximately 80% of his work was done using the oscillating multi tool because it was the quickest way through the polyurethane when removing an old window. The tool had six settings, and Chris would use the tool on four or five, depending on how quickly he needed to work. He’d use it for 30–45 minutes per job and completed five or six jobs a day.
After using the oscillating multi tool, Chris would use an L blade to separate the glass from the glue line. He’d use the L blade daily and said there was no real difference between the vibration each produced when being used.
In late 2012, Chris started experiencing symptoms of HAVS. He was still working at this time and would feel tingling down his fingertips when using the multi tool. This continued to get worse, and he started noticing the sensation even when he wasn’t using the tool.
Chris visited his GP in 2013 who explained he had Raynaud’s phenomenon. He continued to work thinking he had Raynaud’s, until 2016 when his symptoms became more severe. Chris started to find that any cold weather or conditions made the symptoms worse, and he had to wear gloves and keep his body warm.
Using independent medical experts, we were able to establish a diagnosis of HAVS from the vibration of the tools he used while working.
How has this impacted his life?
Because of his injuries, Chris has had to change job roles and is now a van driver. He’s also lost out on income because he can no longer do overtime.
His symptoms impact his life every day, his fingers will go white if they’re too cold, he struggles to pick up small objects and has difficulty gripping objects. Chris must wear gloves or hand warmers every day to avoid his hands becoming too cold and causing discomfort.
Before developing HAVS, Chris was a keen mountain biker, but he could no longer go out on his bike. He also enjoyed working on his car, but because of his issues gripping and picking up small objects, he no longer does it.
How did Irwin Mitchell help Chris?
Chris came to Irwin Mitchell to help get answers and support for his HAVS. He worked with Alex Shorey, a Senior Associate Solicitor with extensive experience in HAVS claims.
Alex started by gathering evidence such as Chris’s medical records, employment history, and the opinion of an independent medical expert. It’s here that we discovered his HAVS was caused during his time working for his former employer.
We presented our case to his former employer, who argued against the severity of his symptoms and the amount of vibration he was exposed to. Alex was able to get the employer to admit a breach of duty of care to Chris.
The claim went to a Joint Settlement Meeting, with the former employer offering £50,000 as a starting offer. Alex was able to negotiate a six-figure compensation amount that covers Chris’s loss of earnings and his pain and suffering.
Chris can now look forward to carrying on with his life and working his new job, all while being financially stable despite losing out on earnings.
Expert comment
On the claim, Alex said: “Sadly, HAVS is still all too common, and we see far too many cases of it in individuals who work with vibratory tools in an uncontrolled way and without proper health and safety guidance.
“Chris’s former employer failed to provide Chris with the right protection and support to prevent him from developing HAVS.
“The compensation will help Chris stay financially secure now he can’t work the same job as before.”
*Not real name used.
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