Carpal Tunnel Syndrome and HAVS

Mr D was awarded £17,000

JMW has successfully helped a man receive £17,000 compensation following his diagnosis of hand arm vibration syndrome.

Mr D was diagnosed with Carpal Tunnel Syndrome and decided to claim against his employers for his injury.  He was put in touch with JMW Solicitors, who handled his claim. 

The claim

Mr D worked for a test drilling and boring company for 20 years.  He used a range of pneumatic and vibrating equipment and prolonged use of this equipment caused him a lot of pain.  Mr D began to suffer from Carpal Tunnel Syndrome and he believed that his employers didn’t protect him from the side effects the equipment caused. 

Gathering evidence

We began to put together evidence to support Mr D’s claim, including:

  • A witness statement from Mr D. 
  • A copy of Mr D’s medical records. 
  • Mr D’s full employment history from HMRC. 
  • Mr D’s occupational health and personnel records from his employer. 

Once we had this information, we sent a letter of claim to Mr D’s employer, who passed it to their insurer.  We also got a report from a Consultant Engineer which suggested that using these particular power tools beyond 15 to 30 minutes a day was excessive exposure. 

Liability decision

We got Mr D examined by a medical expert and a Consultant Vascular Surgeon specialising in Carpal Tunnel Syndrome, who both found that Mr D’s symptoms indicated he had Carpal Tunnel Syndrome and that a Carpal Tunnel release operation he had, eased those symptoms. 

We sent a copy of Mr D’s report to the defendant’s insurer.  We also prepared a Schedule of Loss, taking into account all MrD’s measurable losses as a result of his injury.  Mr D had to have a Carpal Tunnel release operation on his left hand, and our medical expert made an extra report. 

The defendant’s insurer then admitted liability on Mr D’s injuries, subject to medical evidence.  We sent Mr D’s extra medical report to the defendant’s insurer and asked them if they wanted to settle the case, as we needed to issue protective court proceedings on it.  The case was passed to the defendant’s solicitors. 

Further evidence

We updated Mr D’s Schedule of Loss.  Meanwhile, the defendant’s solicitor decided to defend the case.  They disagreed with our medical reports and wanted another expert to examine Mr D. 

We got court directions on the case as we could not agree with the defendant’s solicitor how the case should proceed.  The court gave us a timetable both parties had to stick to. 

In September 2010, we decided to make a settlement offer of £17,000.  The defendant’s solicitors wanted to wait for their own medical evidence before responding.  After further discussion with the court and the defendant’s solicitor, we agreed both medical experts would provide a joint report in the run up to the trial, as well as the defendant’s medical expert’s own report. 

Hand Arm Vibration Syndrome

The defendant’s medical expert didn’t believe that Mr D’s Carpal Tunnel Syndrome was the result of his workplace, but he did believe Mr D was suffering from elements of Hand Arm Vibration Syndrome.  We believed there was enough evidence to make a claim for Mr D’s Hand Arm Vibration Syndrome and updated his claim. 

We also confirmed a trial date with the court.  We also put together all our evidence for the trial, including an updated Schedule of Loss and the joint medical report. 

Final settlement

We finally received a settlement offer from the defendant’s solicitor a day before the trial.  They agreed to settle the case for the original £17,000 we had offered more than a year earlier.  Mr D was delighted with the settlement and relieved to have his case closed. 


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