Vibration white finger compensation claims
If you've been diagnosed with vibration white finger due to your work and your employer's negligence, you might be able to make a compensation claim.
To make a successful claim for vibration white finger compensation, you'll need to prove that your employer was negligent.
If you're thinking about making a claim but aren't sure if you can, get a free case assessment from our legal assessment team. We'll help you understand your rights. And, if you decide to go ahead with a claim, our personal injury solicitors will guide you through the process and offer support.
This guide breaks down the process of making a claim, gives you an idea of the potential compensation, outlines your employer's responsibilities, and provides the steps to make a claim.
We'll look at:
If you qualify for a white finger vibration claim;
What the law says about employer responsibilities;
Time limits for making a white finger compensation claim;
How much compensation you may be able to get from a claim;
Proof required for a claim;
If you can claim against a company that's no longer in business.
What is vibration white finger?
Vibration white finger (or VWF) is a lasting issue that can be caused by using vibrating tools regularly. It shows up as a tingling or numbness in the fingers, usually with the fingertips turning white, which gives it its name.
What is the cause of vibration white finger?
Vibration white finger happens when you use vibrating tools a lot. The constant vibration can disrupt the blood flow to your fingers, leading to feelings of numbness or tingling. The lack of blood flow can also make your fingertips turn white.
VWF usually builds up over years of tool usage, such as:
Chainsaws;
Concrete breakers;
Disc cutters;
Hammers;
Handheld drills;
High-pressure hoses;
Impact wrenches;
Jackhammers;
Road rollers;
Rotary saws.
What are the symptoms of vibration white finger?
Symptoms of vibration white finger include:
Fingertips turning white, starting from the tips and moving down to the palm;
Feeling numbness in your fingers and struggling to use your hands;
A tingling sensation in the fingers;
Finger pain;
Muscle weakness;
Inability to perform hand movements, such as gripping things.
When can I make a vibration white finger claim against an employer?
If you're experiencing symptoms of vibration white finger due to your employer's negligence, you might be eligible for compensation.
Employers are legally bound to take good care of their employees, including making sure they're trained properly and the workplace is safe. Laws like The Control of Vibration at Work Regulations 2005, which falls under the Health and Safety at Work Act 1974, exist to protect workers from developing conditions like vibration white finger.
If you can prove that your employer didn't live up to their duty of care and this negligence led to your injuries, you have the right to claim compensation. Reach out to our legal assessment team today for a free case assessment and discuss claiming with us.
Control of Vibration at Work Regulations 2005
The Control of Vibration at Work Regulations 2005 are in place to keep workers safe from health risks linked to vibrations, such as vibration white finger.
These rules set levels for both hand-arm and whole-body vibration. For hand-arm vibration, employers should put in place safety measures when vibration hits 2.5 m/s². Vibration also shouldn't go beyond 5.0 m/s².
Employer's responsibilities relating to vibration white finger claims
Employers have a legal duty to follow the Control of Vibration at Work Regulations 2005. Here's what they should do to take care of their employees:
Keep vibration exposure at work as low as possible;
Control exposure to vibration;
Limit how long vibrating tools are used and stick to it;
Provide the right protective equipment for handling machinery safely;
Regularly train employees on how to use vibrating tools safely;
Stop unnecessary use of vibrating tools where possible;
Carry out comprehensive risk assessments for any activities involving vibration that could lead to injury;
Upgrade older equipment for safer, newer options to cut down the risk of vibration injuries.
Employers can also promote good habits among their staff to prevent the effects of using vibrating equipment, such as taking regular breaks (at least 10 minutes every hour) and keeping hands warm through the use of gloves to promote good blood circulation.
Vibration white finger caused by employer negligence
Here are instances of employer negligence that may lead to vibration white finger compensation claims:
If you worked extensively with vibrating tools without adequate precautions, such as breaks, your employer may be held responsible.
Uncontrolled exposure to vibration
If your employer fails to manage and control your exposure to vibrations, especially without implementing safety measures, it could be considered negligence.
Employers are responsible for setting and enforcing time limits on the use of vibrating tools to protect employees from overexposure. If they fail to do this, their actions may be seen as negligent.
Lack of personal protective equipment (PPE)
If your employer doesn't provide essential PPE, like anti-vibration gloves, while working with vibrating tools, it could be a breach of their duty of care.
Employers should, where possible, offer tools with lower vibrations to reduce the risk of injuries caused by prolonged exposure. If you were forced to use outdated, high-vibration tools when more modern and safer alternatives were available, and you've suffered vibration white finger as a result, you may be able to make a claim.
Lack of proper training
If your employer didn't provide the right level of training for the safe use of vibrating tools, it can be seen as negligence on their part.
Irregular maintenance and repair
Employers a responsible for ensuring regular maintenance and repair of tools to prevent malfunctions and reduce the risk of injuries like vibration white finger.
No risk assessment of vibration injuries
Employers are required to conduct risk assessments for potential vibration injuries, the absence of such assessments is a breach of their duty.
What are the time limits for making a vibration white finger claim?
You usually have about three years from when you first notice symptoms of vibration white finger to ask for compensation. This is because there's a standard three-year limit for these kinds of claims.
It's really important not to wait. You need to see a doctor, gather proof, and build your case against your employer within these three years. Sometimes, if there's a good reason, they might give you more time.
So, don't wait too long – take action as soon as you can!
Who pays the injury compensation in vibration white finger compensation claims?
If your employer is found responsible for causing your Vibration White Finger (VWF) due to negligence, they have to cover the costs. Usually, VWF claims, like many other personal injury claims, work on something called "conditional fee agreements," which means you only pay if you win. This helps reduce the financial risk for employees making a claim.
In these cases, you won't need to worry about paying upfront. If your case is successful, the compensation comes from your employer's personal liability insurance.
To find out more about white finger injury claims and conditional fee agreements, get a free case assessment from our legal assessment team today.
How much compensation can I get for a vibration white finger claim?
How much compensation you get for Vibration White Finger (VWF) depends on how serious your injuries are and how they affect your life and work.
Here's a breakdown of what you might get (but it's important to remember that each case and the compensation involved is unique to the circumstances):
Severity of Injury | Potential Compensation |
---|
Minor injuries with little impact on daily life | £2,000 - £8,000 |
Moderate injuries with symptoms in cold weather and slight changes to work schedules. | £8,000 - £16,000 |
Serious injuries with symptoms that interfere with your work and daily life. | £16,000 - £31,000 |
Debilitating injuries with ongoing symptoms that affect daily life and employment. | £31,000 - £38,000 |
You might also be able to claim "Special Damages."
This covers the costs caused by your injury or ones you might have in the future. This can include:
Loss of income and pension;
Medical and rehab costs;
Adaptations to your home;
Care costs, even if a friend or family member is helping;
Expenses for the people taking care of you.
Claiming compensation for an injury you've sustained at work is a way to make sure you're not left out of pocket because of your injury.
Can I be dismissed for making a vibration white finger claim against my employer?
No, you can't be dismissed for making a vibration white finger claim against your employer.
If your employer tries to dismiss you for making a claim, that's considered workplace discrimination. This is because it's against employment law to fire, demote, harass, or limit your career opportunities just because you're seeking compensation for negligence.
For more information on this, see our guide on the hidden signs of workplace discrimination.
As an employee, your rights are safeguarded, and you shouldn't face negative consequences for seeking what you're entitled to.
Vibration white finger and carpal tunnel syndrome are two separate health issues that mainly affect the hands and arms.
Vibration white finger comes from using power tools a lot, while carpal tunnel syndrome happens when the median nerve in your wrist gets compressed. Even though they share similar symptoms, carpel tunnel doesn't lead to the distinctive white and blue finger colour changes associated with vibration white finger.
How to protect yourself against vibration white finger
Your employer should regularly check equipment, perform maintenance, and carry out risk assessments to protect you as far as possible against vibration white finger. That being said, there are also some ways to help yourself if you have to use vibrating tools at work including:
Asking for tools with less vibration;
Using the right tools for the job you're doing;
Double checking that tools are well-maintained and cutting tools are sharp;
Taking regular breaks;
Staying warm while working;
Wearing anti-vibration gloves;
Doing finger exercises during breaks.
Once you have the condition there are some methods you can take to treat and manage the symptoms you have and their impact on your life and work.
Reducing or stopping the use of power tools;
Quitting smoking to improve blood vessel health;
Limiting work in cold environments – using PPE;
Take prescriptions recommended by your GP;
Make use of pain medications to limit symptoms.
What should you do if you're diagnosed with vibration white finger?
If you are diagnosed with vibration white finger, you should let your employer know as soon as possible. It is your employer's responsibility to implement the appropriate workplace adjustments to minimise vibration exposure or even prevent it.
In some cases, it is possible to make a full recovery if you stop using vibrating tools sooner rather than later. On the flip side, continuing to work regularly with vibrating tools could lead to permanent damage.
When you report a diagnosis of vibration white finger to your employer, they are legally obliged to tell the Health and Safety Executive.
Can you make a vibration white finger claim if you’re self-employed?
You may be able to claim compensation for your VWF while you were self-employed depending on the circumstances of your injury.
The process is much more complicated than for employees. However, you'll still need to be able to be able to show that your injuries were sustained because of the negligence of another responsible party, like a contractor or equipment manufacturer.
What industries are most at risk of vibration white finger?
Vibration white finger most commonly affects people working in the following industries:
Automobile assembly
Automobile repair
Construction
Forestry
Metalwork
Mining
Stone carving
Quarry drilling
Evidence to support a vibration white finger claim
You’ll want to collect as much evidence as possible to support your WFV claim. This can include:
Medical records from your GP that show you have been diagnosed with WFV;
Your employment history, including job start dates, job descriptions, and the tasks you performed with which tools;
Communication with your employer regarding your symptoms before diagnosis;
Photographs of your condition and the equipment used;
Contact details for colleagues who’d be willing to attest to your statements;
Employee health and safety records, policies and procedures, and risk assessments relevant to the tasks you carried out;
Sick notes signed off by your GP to allow you time off work;
Financial records detailing any medical expenses you’ve incurred and employee payslips.
You can support this evidence with a letter summarising the impact your symptoms have had on your life. Include any dates when you couldn’t go to work because of your condition.
How to claim for vibration white finger compensation
To make a claim you will need to provide evidence that your employer was negligent in the events that led up to your injury.
A personal injury solicitor can provide you with expert step-by-step guidance and help you collect and document evidence to build the strongest case possible.
An experienced personal injury solicitor will have won various cases and have the knowledge you need to get the compensation you deserve.
How long will a vibration white finger compensation claim take?
This will depend on the circumstances, some cases take as little as a few months, while other more complex cases could take as long as several years.
If your employer is no longer in business your case claim will take longer to process. Our legal experts will be able to give you a ballpark figure of how long your case will take during your free case assessment.
Can you claim for vibration white finger if an employer has gone out of business?
Yes, but it may delay your claim if your employer is no longer in business. This is because -personal injury claims including VWF are paid from your ex-employer’s personal liability insurance, not the company itself. So, if the insurer is still around, you should be able to make a claim.
Make a vibration white finger claim with Lawhive
Have you or someone you know been affected by vibration white finger caused by employer negligence?
Contact us for a free case assessment to find out if you have a case and how our expert personal injury solicitors can support you through the process and improve your chances of a successful claim.
For qualifying cases, our solicitors may offer a Conditional Fee Agreement. This means:
Don't let the impact of vibration white finger spoil your present or future. Reach out to us today for a free case assessment.