Hand Arm Vibration Syndrome Claims
Hand arm vibration claims can help those who suffer from the condition as a direct result of their work or working environment.
If you suffer hand arm vibration syndrome (HAVS) you may be entitled to make a claim for compensation.
For people who believe that they have the warning signs of hand arm vibration syndrome but are unclear of what steps they should follow next contact are solicitors to have your case assessed.
Hand Arm Vibration Syndrome (HAVS) compensation claims eligibility
If you are also looking to claim compensation for hand arm vibration syndrome, there are certain requirements and limitations in place.
Here, you can gain a general overview of whether or not you are entitled to bring a claim against your employer.
Let us help you assess if you have a Hand Arm Vibration Syndrome claim.Get in touch
The publication and distribution of the DD43 ‘Guide to the Evaluation of Exposure of the Human Hand/Arm System’ in 1975 provided employers with a good understanding of hand arm vibration syndrome. Meanwhile, the Taylor-Pelmear scale was introduced and used to assess the condition.
Therefore, 1975 is recognised as the date when employers first gained responsibility for protecting their employees from hand arm vibration syndrome.
This means that if a worker was exposed to vibratory tools prior to 1975, their employer cannot be liable for any damage sustained.
However, there have been cases where people developed HAVS symptoms before 1975, but the exposure and damage continued following this year, meaning that they became eligible to make a claim for the worsening of their pre-existing condition.
Of course, any workers who developed hand arm vibration syndrome following 1975 as a result of their employer failing to adequately protect them from the industrial condition are entitled to pursue claims.
Limitation of Actions for Hand Arm Vibration Claims
In accordance with the Limitation Act 1980, there are three factors that a claimant must prove when claiming compensation, which are:
- They have an injury
- The injury has a cause
- They can identify someone (i.e. their employer) as the source of the cause
There are two tests that can be carried out to determine these.
One is an objective assessment from the perspective of an outside person looking in, while the other is subjective and from your own viewpoint.
The subjective test is the easiest to apply. If you recognise that you have HAVS by way of diagnosis and know that it has been caused by work, you have three years from that moment to bring a claim.
If a subjective test cannot be applied, AWH Solicitors can carry out an objective test by asking the following questions:
- Do you have an injury? (it does not have to be diagnosed)
- Did you know and/or ought to have known what and who was the cause of that injury?
You will then have three years from the point we determine that you noticed HAVS symptoms in which to bring a claim against your employer.
We can help assess if you can claim compensation for HAVS today.Get in touch
Pursuing a Compensation Claim with AWH Solicitors
AWH Solicitors are committed to providing HAVS sufferers with honest and straightforward legal advice and support so that they fully understand the options available to them. We have years of experience helping people like you pursue hand arm vibration claims after developing the syndrome due to their workplace.
Whether you are worried that you are suffering from symptoms or have already been medically diagnosed with hand arm vibration syndrome, we can help you to determine whether you are entitled to pursue a claim.
Our expert team can then build your case and negotiate your compensation on your behalf, making sure that you get the best possible result.
If you would like to talk further about hand arm vibration syndrome compensation or discuss starting your claim with AWH Solicitors, please contact us on 0844 414 0667 or use the contact form below.Get in touch
Why Choose AWH Solicitors
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Our solicitors are highly experienced and have an abundance of experience in their field of law, ensuring you the best chance at a successful outcome of your case or claim.
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How to get StartedTo get your case started with AWH Solicitors you can simply pick up the phone or request a call back from our friendly solicitors at a time that suits you.
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Let us know how AWH Solicitors can help you by providing us with your details in the form below.
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