Vibration White Finger Compensation
Ex-Miners Have Second Chance at Compensation
Vibration White Finger (VWF) is a condition caused by excessive exposure to hand and arm vibrations, often the result of using particular types of machinery such as angle grinders or power tools. Initially, VWF may only manifest itself as a tingling in the tips of the fingers. If the condition progresses, the fingers may become white and there can be significant loss of feeling, dexterity and sensation. Loss of manual dexterity can also manifest as painful episodes that last up to an hour and result in a weakening of the grip. In extreme cases, fingers may be lost. VWF is a cumulative condition that occurs over years of exposure to vibration.
A matter taken seriously by the HSE
In 2005, legislation was passed in the form of The Control of Vibration at Work Regulations. This was passed to govern and regulate the amount of time for which a worker can be exposed to vibration. The responsibility ultimately falls at the feet of the employer to ensure his workers are not over-exposed. In 1995, the government launched a scheme to compensate ex-miners who incurred, among other conditions, VWF as a result of using mining tools. A group of miners’ solicitors and the Department of Trade and Industry drew up to legal agreements to allow miners’ claims to be settled outside of the courtroom. Solicitors who rendered their services under the terms of the agreement were paid by the DTI, but only if the claims were found to be successful. This was to ensure that miners with comparable complaints were paid similar amounts in compensation.
However, Parliament has discovered that there have been some significant differences in payouts, according to which firms were used. In addition, the process for the medical assessment was a complicated and time-consuming one. The sufferer was subject to a number of tests and a report written up by a medical specialist. However, some classifications of VWF were not available at the time, which lead to problems within the compensation scheme.
In addition, a deadline for compensation claims was set: March 31st 2005. It was found that some miners were given either inadequate advice or no advice at all, and either received insufficient compensation or none at all. However, using compensation claims specialists, ex-miners may now be in a position to claim compensation for their losses. Many ex-miners have been left unable to complete even the simplest of household tasks, such as DIY, car washing, maintenance or washing the windows.
Taking a second look at the figures
In North Wales, an investigation has revealed that families who were overcharged are missing out on an average repayment of £908. In Delyn alone, approximately 186 families have lost out on payments through bad advice or being overcharged by solicitors for services rendered. Those who feel they have not been fully compensated are being asked to come forward to establish just how much is owed.
By March 2005, approximately 170,000 VWF claims had been lodged and, once they had been processed, around £1.7billion had been paid out to miners and their families. Yet, according to the findings of the National Audit Office, there may be many more claims yet to be processed and claims that were not settled in the proper manner are still outstanding even today.
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