was still there of course. train was 10 minutes late in so the course had started time I got in, but not to worry. a morning on asbestos and control of substances hazardous to health and an afternoon on HAVS (my specialist subject, i was told to just sit and shut up so as not to confuse the beginners!) and Noise induced deafness.
interestingly, there was an american lawyer from Philadelphia there; he works a lot with UK firms on asbestos cases (the same companies either side of the pond!). Apparently they've never heard of HAVS in the states (workers comp or product liability) which amazes me = they've tried Carpal tunnel, which is daft, as HAVs is much more likely ....
Maybe they need some training?
but in america, it is totally different. here we sue the employer; in the states, its workers comp (not the same as an employer's liability claim) or the tool manufacturer for defective product. to my mind a vibrating hand held tool is not a defective product, it is after all doing what it's designed to do!
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4 comments:
HAVS is damage due to vibrating tools? So it is not quite the same as carpal tunnel?
I think the suit here could be against the employer if he/she either did not warn of the potential hazard, did not maintain the tools correctly, did not enforce safety regulations, or created an unsafe environment. Otherwise, it would be a workman's comp case where the employee would get paid through that insurance.
Workman's comp sort of replaces lawsuits, as it automatically comes into play with a job related injury. A worker could sue beyond the workman's comp payments but then would have to somehow prove that the employer was in some way at fault for the injury.
I am not an expert on this, but I think that's the way it operates, as it is basically an insurance policy.
HAVS is hand arm vibration syndrome, you’re right, caused by use of vibrating hand held tools (vhht), anything from grinders to jackhammers or rock drills, and loads of stuff in between.
Carpal Tunnel syndrome (CTS) can also be caused by use of the same tools but is much more common due to some other underlying condition/being female/being pregnant/anything but tool use.
HAVS gives damage to the blood vessels (white fingers…) and/or nerves in the fingers, starting at the tips and working to the palm over time.
CTS gives tingling and numbness to the thumb first &middle fingers, associated with nocturnal wakening, but NO damage to the blood vessels.
There are also other conditions that can also be caused by use of vhht - palmar arch diseease, for instance.
interesting if one can sue the employer in the states, i've certainly been given to understand not, but then i might well have picked stuff up wrong...
As far as I know, if an employer is negligent, an employee can sue. The argument would be that the employer failed to take the proper precautions to maintain a safe working environment.
Employers can also be sued for unfair labor practices such as sexual harrassment, etc.
I think the workman's comp only pays for medical bills, not for any pain and suffering, etc.
Aha!
well maybe that's a training market for people like me (if i could persuade myself onto a plane, of course ...)
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