Jessica Lunsford Blog

A worker has successfully forced his employer to settle a case out of court to the tune of £10,000 as compensation for being struck by a debilitating condition as a result of his work with vibrating power tools. The case had made the construction industry sit up and take notice.

The 2005 Vibrations at Work Regulations will now have to be strictly and diligently implemented by employers, if they do not wish to face lawsuits similar to the one filed by Keith Rowley against his employers, General Kinematics Ltd., who developed Hand Arm Vibration Syndrome (HAVS).

This syndrome, also known as Vibration White Finger, commonly affects workers who handle vibrating power tools regularly over a long period of time as part of their jobs. The condition causes the sufferer to feel aches and pains all over his arms, hands and fingers, and forces him to wear gloves during the winter. Common symptoms include numb fingertips and the discolouration of skin.

The settlement came after the employers in the case learned that Rowley’s union, the GMB, had authorised Thompsons Solicitors to seek compensation for his condition. Speaking for the union, Andrea Austin commented on the fact that many workers in the construction industry are at risk of developing the condition, which adversely affects victims in both their work-related activities and at home. She also discussed employers’ responsibility to minimise this risk and their liability under the 2005 Regulations. Senior members of management need to be aware of their health and safety responsibilities, click on IOSH Managing Safety, for info on courses to help improve your health and safety management system.

Thompsons Solicitors’ Martin Fell added to these statements by emphasising that if the employer fails to provide workers with adequate safety measures against the condition, they have every right to demand compensation, rather than accepting that they will eventually suffer from it as a result of pursuing their chosen line of work.