Recovery of Damages for use of Vibratory Hose

We have recently acted for a Claimant in a claim for vibration white finger. This case was unusual in that the Claimant in question never used any vibratory tools in his employment.

From 1996 to 2001 the Claimant was employed as HGV driver. In this role he was required to visit various local authority sites to deliver coal. In order to get the coal into the bunkers the Claimant used a rubber hose which was attached to a blower fixed to the underneath of the lorry. The blower would fire the coal down the pipe. There was no system available for the Claimant to fix the rubber pipe to the bunker and therefore he had to hold the pipe until the full load of coal had discharged. This could be for up 25 minutes each time, with 4 deliveries per day.

The Claimant had noticed symptoms of tingling, numbing and finger blanching and had sought advice from his GP where he was referred to hospital and the condition diagnosed. The Claimant then sought to bring a claim for Industrial Injuries Disablement Benefit, however this was rejected, initially and on appeal, as the Claimant did not used vibratory tools.

The Claimant then instructed us and following the obtaining of supportive medical evidence the Claimant was awarded £10,000 compensation for his injury.

Engineering evidence had not been sought in this matter, however discussion had taken place with engineers as to likely levels of vibration to be experienced. It was thought that the exposure would warrant enough vibration magnitude to cause the onset of symptoms. Also a paper from the Occupational Medical Journal was obtained which showed that this type of exposure had previously been considered.

If you have symptoms of finger blanching and/or tingling and numbness of the fingers and you have used hoses to discharge water, shot, sand, vapour, or air then please contact Deborah Krelle  0161 876 2518 or deborah.krelle@colemans-ctts.co.uk, head of our Industrial Disease Department, as we may be able to assist you in the pursuit of compensation under a No Win, No Fee agreement.