Hand-arm vibration syndrome (HAVS) is a serious industrial injury that can affect workers who regularly use vibrating tools and machinery.
The condition can cause permanent damage to the nerves, blood vessels, muscles and joints in the hands and arms, making everyday tasks difficult and sometimes impossible.
If your HAVS developed because an employer failed to protect you from excessive vibration exposure, you may be entitled to make a compensation claim.
In this guide, we’ll explain what HAVS is, who can claim, how compensation is calculated, and what evidence can help support a successful case. If you believe workplace vibration exposure caused your condition, Calio can assess whether you may have grounds to claim compensation.
Call 0800 988 8082 or complete our online contact form to speak to our solicitors.
What is Hand-Arm Vibration Syndrome (HAVS)?
HAVS is a long-term condition caused by repeated exposure to vibration, usually from power tools and industrial equipment.
Common tools linked to HAVS include:
- Jackhammers and breakers
- Grinders and sanders
- Hammer drills
- Chainsaws
- Impact wrenches
- Riveting tools
- Vibrating compactors
The condition generally develops over months or years of exposure and may continue to worsen even after vibration exposure stops.
Common symptoms of HAVS
Symptoms can vary in severity and may include:
- Tingling or numbness in the fingers
- Loss of grip strength
- Reduced dexterity
- Difficulty carrying out fine motor tasks
- Pain in the hands and arms
- Finger blanching (white finger)
- Sensitivity to cold temperatures
In severe cases, the effects can be permanent and may prevent a person from continuing in their chosen occupation.
How is HAVS diagnosed?
HAVS is usually diagnosed by considering your symptoms, medical history and history of exposure to vibrating tools.
A healthcare professional may ask about numbness, tingling, loss of grip strength and changes in your fingers when exposed to cold.
If you make a compensation claim, an independent medical examination may be arranged to assess your condition, its likely cause and how your symptoms affect your work and everyday life.
Can I claim compensation for HAVS?
You may be able to bring a claim if:
- You were exposed to excessive vibration at work.
- Your employer knew, or should have known, about the risks.
- Reasonable steps were not taken to protect you.
- You have been diagnosed with HAVS or a related vibration injury.
Employers have legal duties to assess and manage vibration risks in the workplace. The Control of Vibration at Work Regulations 2005 set out requirements for employers to assess vibration risks and take action to protect workers from harmful exposure.
This includes:
- Conducting risk assessments
- Monitoring vibration exposure
- Providing suitable equipment
- Implementing safe working practices
- Offering health surveillance where appropriate
- Training workers about vibration risks
Where an employer breaches these duties and a worker develops HAVS, compensation may be available.
How much compensation can I claim for HAVS?
The value of a HAVS claim depends on several factors, including:
- Severity of symptoms
- Impact on employment
- Future prognosis
- Loss of earnings
- Medical treatment costs
- Care and assistance requirements
Compensation generally falls into two categories:
General damages
These compensate you for the pain, suffering and loss of amenity caused by the injury.
The amount awarded will depend on the medical evidence and the extent of the symptoms.
Special damages
These cover financial losses resulting from the condition, including:
- Past loss of earnings
- Future loss of earnings
- Pension losses
- Medical expenses
- Travel costs
- Rehabilitation costs
- Care and support costs
In many cases, special damages can significantly increase the overall value of a claim.
Typical HAVS compensation amounts
The amount of compensation awarded for HAVS in Scotland will depend on the circumstances of the claim. When assessing solatium for pain and suffering, factors such as the severity and duration of your symptoms and their impact on your work and everyday life may be considered.
Compensation may also account for financial losses, such as past and future loss of earnings, pension losses, treatment costs and care requirements.
The overall value can vary considerably depending on the medical evidence and financial impact of the condition.
Jobs commonly associated with HAVS claims
HAVS claims frequently arise in industries such as:
- Construction
- Manufacturing
- Engineering
- Mining
- Shipbuilding
- Rail maintenance
- Forestry
- Utilities
- Grounds maintenance
Workers who use vibrating tools for prolonged periods are generally at the greatest risk.
How do I prove my HAVS claim?
Successful HAVS claims rely on strong evidence. Important evidence may include:
Medical records
A medical diagnosis is often central to the claim.
Independent medical experts may assess:
- The presence of HAVS
- Severity of symptoms
- Likely cause
- Long-term prognosis
Employment records
Evidence showing your work duties can be valuable, including:
- Job descriptions
- Training records
- Risk assessments
- Exposure records
Witness evidence
Statements from colleagues may help confirm:
- Frequency of tool use
- Lack of protective measures
- Working practices
Financial documents
Keep records of:
- Lost wages
- Overtime losses
- Benefits affected by the injury
- Medical and travel expenses
How is liability established in a HAVS claim?
Establishing liability may involve examining the level and duration of your vibration exposure and the steps your employer took to manage the risk.
Risk assessments, training records, working practices and health surveillance records may form part of this investigation.
Medical evidence can help assess whether your condition is consistent with occupational vibration exposure. Your solicitor can consider this evidence alongside your employment history when investigating responsibility for your injury.
Is there a time limit for making a HAVS claim?
HAVS claims often involve symptoms that developed gradually over time.
In many cases, the time limit for bringing a claim is linked to the date when you first became aware, or reasonably ought to have become aware, that your condition was connected to your work.
Because limitation rules can be complex, anyone concerned about timescales should seek specialist legal advice as soon as possible.
What should I do if I think I have HAVS?
If you experience numbness, tingling, loss of grip strength or other symptoms that may be linked to vibration exposure at work, seek medical advice and report your symptoms to your employer.
Keep a record of your symptoms, the vibrating tools you have used and how frequently you used them. Medical and employment records may help if you later decide to make a HAVS compensation claim.
What is the HAVS claims process?
The HAVS claims process involves gathering medical, employment and financial evidence to investigate how your condition developed and assess its impact.
Here is how a typical claim may progress:
Step 1: Initial Assessment
Your solicitor will review your employment history, the vibrating tools you used, how often you used them and your symptoms. They will assess whether there is evidence linking your condition to workplace vibration exposure.
2: Medical Examination
You may be examined by an independent medical expert who will assess your symptoms, diagnosis and prognosis. Their report can help establish whether you have HAVS and the extent to which it affects your daily life and work.
Step 3: Investigation
Your solicitor will gather evidence about your working conditions and your employer’s safety procedures. This may include risk assessments, training records, exposure information, employment documents and statements from former colleagues.
Step 4: Valuation
Your solicitor will assess the value of your claim using medical evidence and details of your financial losses. Compensation can reflect pain and loss of function, lost earnings, pension loss, treatment expenses and future care needs.
Step 5: Negotiation
Your solicitor may negotiate with the employer or its insurer once liability and the value of the claim have been assessed. Many HAVS claims are resolved through negotiation without requiring a final court hearing.
Step 6: Settlement or court decision
If an acceptable settlement is agreed, the claim can conclude and compensation will be paid. Where the parties cannot agree on liability or compensation, court proceedings may be needed for a judge to decide the case.
The exact process can vary depending on the circumstances of your claim, including whether your employer accepts liability. Your solicitor can explain each stage and keep you informed as your claim progresses.
Is HAVS a permanent condition?
In many cases, the damage caused by HAVS cannot be reversed. Early diagnosis and removal from excessive vibration exposure can help prevent further deterioration.
Can I claim if I have retired?
Potentially, yes. Retirement does not automatically prevent a claim if the condition arose because of workplace exposure.
Can I claim against a former employer?
Yes. HAVS claims are frequently brought against former employers, particularly where exposure occurred many years earlier.
What if I worked for several employers?
It may still be possible to claim. Liability can sometimes be investigated across multiple periods of employment.
Will I need a medical examination?
How long do I have to make a HAVS claim?
Usually, you have three years from when you became aware your condition may be linked to workplace vibration. Exceptions can apply, so it is important to seek legal advice promptly.
Hand-arm vibration syndrome compensation claims
HAVS is a potentially life-changing occupational disease that can affect your ability to work and enjoy everyday activities.
Where an employer has failed to protect workers from harmful vibration exposure, compensation may be available to recognise both the physical impact of the condition and any resulting financial losses.
While some claims may settle for several thousand pounds, more serious cases involving permanent disability and lost earnings can be worth tens of thousands of pounds or more.
The overall value of a claim will depend on the severity of the injury, the evidence available and the financial consequences suffered by the individual claimant.
Contact our hand-arm vibration syndrome claims solicitors
If you have developed Hand-Arm Vibration Syndrome after using vibrating tools at work, our solicitors can assess your circumstances and advise whether you may be able to claim compensation.
Call Calio on 0800 988 8082 or complete our online contact form to speak to a member of our team about your claim.
