A Judgment at Newcastle County Court will help many people suffering from the painful hand condition Carpal Tunnel Syndrome.
David Reid had to sue his former Employer, Dane Architectural Services to get compensation. The injury to his hands has been caused by using vibrating tools at work for many years. His Employer had admitted that they were in breach of Health and Safety Regulations by failing to ensure that he was not exposed to excessive amounts of vibration from the tools. However, they tried to argue that his condition was more likely to have been caused by him being overweight rather than his working conditions.
The case had to be fought all the way to Trial by his Solicitor Kirsten Scott of Beecham Peacock based in Newcastle. The Judge hearing his case agreed that his Employer had been at fault and that the true cause of his injury was the vibrating tools and not his weight.
David Reid said “I had to sit in Court for two days listening to arguments about the cause of my injury. My Medical Expert was convinced that it had been caused by my work but the other side had got an Expert to come from Stockport to say that it was my weight that was the cause. I am not obese and never have been. It was a great relief when the Judge said I was entitled to compensation. My Solicitors have had to really battle on my behalf to ensure that I got justice”.
Kirsten Scott of Beecham Peacock said “Carpal Tunnel Syndrome is a condition that affects the hands and can cause painful symptoms. It is very common and many people do suffer from it. You are at a greater risk of suffering the condition if you are overweight but that does not mean it is always the cause. In this case the Insurer’s Company were seeking to avoid having to pay any compensation by arguing that weight was the cause rather than the working conditions. The use of vibrating tools has to be very carefully monitored as excessive use creates a very high risk to workers who can then develop Carpal Tunnel Syndrome or Vibration White Finger”.
Kirsten Scott of Beecham Peacock LLP,
7 Collingwood Street,
Newcastle Upon Tyne,
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Telephone Number – 0191 232 3048.