Thompsons secured £12,000 in compensation for an engineer who developed carpal tunnel syndrome after prolonged exposure to vibration while working for Finning UK Limited. The claim was pursued after medical and expert evidence linked his condition to the vibration exposure experienced during his employment.
What Happened
The claimant worked as an engineer for Finning UK Limited between 2007 and 2016.
During the course of his work, he was regularly exposed to vibrating tools and equipment. Thompsons believed that the level of vibration exposure experienced during his employment breached the Control of Vibration at Work Regulations.
Colleagues provided statements supporting the claimant’s account of regular exposure to vibrating equipment while carrying out his duties.
Injuries and Impact
The claimant developed carpal tunnel syndrome (CTS), a condition that affects the hands and wrists and can cause pain, numbness and weakness.
However, the claim was initially complicated because the claimant’s medical records did not identify occupational vibration exposure as the cause of the condition. CTS can develop for a number of reasons and is not exclusively linked to workplace activity.
Legal Approach
Due to concerns that the claim could become time-barred if action was not taken promptly, Thompsons raised court proceedings in the All-Scotland Sheriff Personal Injury Court.
As part of the case, Thompsons instructed a medical report from a consultant orthopaedic surgeon. The consultant confirmed that the claimant’s carpal tunnel syndrome had been caused by vibration exposure during his employment with Finning UK Limited.
Further expert evidence was obtained from the technical director at Hu-Tech Ergonomic Factors, who concluded that the claimant’s condition was most likely caused by health and safety breaches by the employer.
This expert evidence was presented to the defender during the course of the litigation.
Outcome
Thompsons provided the defender with the medical evidence linking the claimant’s condition to his employment and invited them to settle the claim.
When a satisfactory response was not received, Thompsons continued with the court action.
At a pre-trial meeting, the defender made an initial settlement offer of £5,800. Thompsons advised that the offer undervalued the claim and recommended that it be rejected.
The defender subsequently made a formal offer of £12,000.
Thompsons secured £12,000 in compensation for the claimant and he agreed to accept the offer. The settlement was finalised on 6 June 2019.
Our client said:
“I am very happy with the service provided throughout my claim. I am very thankful for the outcome and everything Claire and Mhari have done for me. Thank you Thompsons.”
What this case shows
This case demonstrates the risks workers may face when regularly using vibrating tools and equipment without adequate protection or control measures.
Employees who develop conditions linked to vibration exposure may be able to pursue compensation through industrial disease claims. Thompsons can often assist clients through the claims process under a No Win No Fee agreement.
Anyone seeking advice about a similar condition can contact Thompsons to discuss their circumstances.
