Vibration white finger litigation

Rugby Joinery UK Ltd v Whitford CA TLR 31 May

Lawyers for both sides in claims against employers by employees for damages for vibration white finger should be alive to the likelihood that once symptoms of the condition become manifest, the employee’s condition will deteriorate, even if he or she ceases to work with vibrating tools. Where such a phenomenon might apply, expert medical witnesses should be asked to assess the probable extent of the employee’s deterioration. Without such an assessment there was a substantial risk of misunderstanding or error, with increased cost and delay. Quite apart from that, particularly bearing in mind that vibration white finger involves relatively small amounts of money when compared with the likely level of costs involved, it is highly desirable that claims should be settled rather than litigated, and, indeed, settled at an early stage.