Other Work-related Injuries Solicitors

Osteoarthritis

Osteoarthritis is a painful and serious condition, which can affect your mobility and seriously reduce your quality of life. Typical symptoms include:

• Pain when lifting, bending or performing repetitive movements;
• Decreased ability to walk long distances without pain;
• Stiffness, especially first thing in the morning;
• Dull or sharp pains and aches when moving;
• Intermittent swelling of the joints.

Your employer has to provide reasonable measures to reduce the risk, especially in jobs which could cause symptoms.

Vibration White Finger (VWF)

Vibration white finger is a type of industrial injury. It is a secondary form of Raynaud’s syndrome, in which damage is caused to the nerves, muscles and blood vessels of the hand, wrist and arm by excessive exposure to handheld vibrating tools or equipment.

Duty of care

Employers are required to have safe working practices and to ensure that the equipment they provide is safe. Where the use of vibrating tools is unavoidable, an employer should ensure that your overall exposure to vibration does not exceed limits prescribed by the Control of Vibration at Work Regulations 2005. These limits are calculated by the “force” of the vibrations and the amount of time spent using vibrating tools (known as the “trigger time”). Where the vibrations are mild, the equipment may be used for a longer period, compared to tools that give off powerful vibrations which will require a much shorter period of use.  To comply with these regulations, an employer should try to provide low-vibration tools where possible, and also ensure that the equipment is in a good state of repair, as poorly maintained equipment may vibrate more than it should. Employees and contractors should be encouraged to take regular breaks from using vibrating tools, to keep their hands warm by wearing gloves and move and massage their fingers during break times.  Employers should also provide personal protective equipment, such as anti-vibration gloves, which should in themselves be appropriate for the vibration frequency of the tools to be used.

Hand Arm Vibration Syndrome (HAVS)

Similar to VWF, hand arm vibration syndrome (HAVS) is also a type of industrial injury. It is a secondary form of Raynaud’s syndrome, in which damage is caused to the nerves, muscles and blood vessels of the hand, wrist and arm by excessive exposure to handheld vibrating tools or equipment.

Duty of care

It is not always possible to avoid using these sorts of tools in a job, but where it is unavoidable employers have a responsibility to ensure that the use of such tools does not expose an employee or contractor to a significant risk of developing hand arm vibration syndrome.  Employers are required to have safe working practices and to ensure that the equipment they provide is safe. Where the use of vibrating tools is unavoidable, an employer should ensure that your overall exposure to vibration does not exceed limits prescribed by the Control of Vibration at Work Regulations 2005. These limits are calculated by the “force” of the vibrations and the amount of time spent using vibrating tools (known as the “trigger time”). Where the vibrations are mild, the equipment may be used for a longer period, compared to tools that give off powerful vibrations, which will require a much shorter period of use.  To comply with these regulations, an employer should try to provide low-vibration tools where possible, and also ensure that the equipment is in a good state of repair, as poorly maintained equipment may vibrate more than it should. Employees and contractors should be encouraged to take regular breaks from using vibrating tools, to keep their hands warm by wearing gloves and move and massage their fingers during break times.  Employers should also provide personal protective equipment (PPE), such as anti-vibration gloves, which should in themselves be appropriate for the vibration frequency of the tools to be used.

Ulnar Neuropathy and Cubital Tunnel Syndrome

Cubital tunnel syndrome is a compression or irritation of the ulnar nerve which is located in a tunnel on the inside of the elbow (where the funny bone is located). The ulnar nerve provides sensation to the little finger, part of the ring finger and powers the small muscles within the hand.  Cubital tunnel syndrome is caused by a narrowing of the tunnel that causes pressure upon the ulnar nerve. This narrowing can be caused as a result of an injury or as a result of repeated pressure or strain on the elbow and forearm.  Those working in manual roles such as carpenters, construction site workers, gardeners, glass cutters, miners, production line workers, seamstresses, painters and decorators are most at risk.

Repetitive Strain Injury (RSI)

If you have sustained a repetitive strain injury (RSI) due to your work or working environment then you may be entitled to compensation.  Employers have a duty to ensure that their employees are protected from health risks in the workplace as far as is reasonably practicable. This could include operating an appropriate rota system so that one person is not doing the same job all of the time, thus reducing the risk of a repetitive strain.  In many cases, symptoms will disappear almost as soon as you have a break (such as a 2 week holiday) from doing the work that is causing the problem but will reappear as soon as you go back to your normal working routine.

Accidents or injuries while working abroad

Many of us now choose to work overseas as a result of the exciting opportunities that there are for exploring new cultures, new work environments and new career paths.

Duty of care

If you are working overseas and your employer is based in England, Scotland or Wales then the fact that the accident happened abroad makes little difference. Your employer will still owe a duty of care to you under UK law.  The situation becomes a little more complicated if you are employed by a multinational company overseas. However, if that company also has a registered office in the UK then it still may be possible to begin proceedings through the UK courts.  If you are working internationally for a company with a presence both in the place you are working and the UK, your contract may define whether UK or local liability will apply.  It becomes even more complex if the company you work for is based outside of the UK. Whilst your employer will almost certainly still have a duty of care over you, it will be in accordance with the laws of the country where you are working.  You may be entitled to make a claim for compensation if the accident has been caused by the negligence of another.

Harassment and violence at work

Harassment and violence against workers, whether committed by a co-worker, manager or third party is not acceptable and employers are responsible for ensuring that appropriate measures are in place to prevent and deal with harassment and violence when foreseeable.  Harassment and violence in the workplace can be:

• physical, psychological and/or sexual
• a single incident or a systematic pattern of behaviour
• amongst co-workers, managers, subordinates, clients, customers, patients, pupils and other third parties

Duty of care

Employers have a responsibility to identify and manage the risk to their employees of harassment and violence in the workplace and should provide clear policies that detail:

• the responsibilities of the employee and the employer
• set workplace behavioural standards
• raise awareness

In large organisations these policies are likely to be formalised so as to ensure that they are applied fairly. In smaller organisations they are likely to be less formal but the principle still applies that if there is a risk of harm to an employee that steps should be taken by the employer to protect them.  Common situations where an employer may be found to be responsible for an injury as a result of an assault or attack at work include but are not limited to situations where:

• An employee is working alone or is short-staffed – Employees such as care home workers, security guards and prison officers are particularly exposed to attacks or assaults and it is essential that there are adequate staffing levels in place to help prevent or minimise an attack or an assault in the workplace.
• The employer has disregarded previous violent behaviour or high risk environments – If an individual such as a client, inmate, patient or another employee has displayed violent behaviour in the past and no preventative action has been taken by the employer to avoid a reoccurrence then the employer may be held responsible for the assault or attack.
• Insufficient personal protective equipment – personal protective equipment (PPE) must be supplied in appropriate circumstances and should be in full working order. PPE is designed to raise awareness and to help prevent or limit the extent of an injury.
• Lack of adequate training – whilst training is not a substitute for safe systems of work it is an essential part of any strategy to reduce work-related violence. Training should be appropriate for the risk and particular circumstances; despite this many employers offer the same type of training to all staff regardless of the effectiveness of doing so. For instance ambulance staff responding to emergencies could face pushes, punches and kicks; and as such the training should focus on diffusion of a confrontational event and positioning to prevent injuries. However, those working in healthcare or the education sector may require training in breakaway techniques and guidelines that help them to manage violent patients or pupils. Failure to provide adequate training to help workers protect and manage harassment or violence in the workplace could be deemed as a failure by the employer to protect the employee.

If the attack or assault was not foreseeable or in any way attributable to your employer then you may have a Criminal Injuries Compensation Authority (CICA) claim and should visit our CICA page for further advice.