Compensation for vibration damage

What is vibration damage?

Vibrations can cause damage to nerves, dysfunction of blood vessels and pain in the musculoskeletal system. Those who work with vibrating equipment and tools are particularly vulnerable to vibration injuries.

Where does vibration damage occur?

Vibrating tools are used in construction, mining and quarrying, agriculture and forestry, manufacturing, service industries and retail.

Vibrating tools include grinders, drills, pneumatic tools, jackhammers and the like.

Are vibration injuries common in the workplace?

Yes. According to the Norwegian Working Environment Institute (STAMI) In 2016, nearly eight per cent of all working people reported being exposed to vibrations from handheld tools for a quarter of the working day or more. This corresponds to 200,000 working people.

New research shows that women may be more susceptible to vibration injuries than men because many tools are more adapted to men's size and muscle strength.

HAVS stands for hand-arm vibration syndrome, and is a generic term for tissue damage or dysfunction in the vascular, nerve or musculoskeletal system that is caused by vibrating tools. HAVS is also known as Raynaud's vasospastic disease.

The disease normally first manifests itself as seizures with white fingers. Raynaud's vasospastic disease, osteoarthritis, periarthritis, epicondylosis and synoviosis in the bursa or tendon sheath are usually perceived as diseases caused by vibrating tools.

How can you prevent vibration injuries?

According to Labour Inspection Authority the employer has a duty to identify the type of work equipment that generates vibrations and assess the employee's risk of injury. Employers must implement measures to protect their employees from vibration injuries.

See, among other things, Regulations on the performance of work, the use of work equipment and associated technical requirements, Part 3, Chapter 14. «Work that may involve exposure to noise or mechanical vibration».

The Swedish Work Environment Authority in Sweden has created a vibration calculator to calculate the adverse health effects of vibration exposure.

Is there a disability table for vibration injuries?

Yes. Disability table is the starting point for the assessment of the injured party's medical degree of disability (VMI), and thus what you are entitled to in compensation for loss of earnings after a vibration injury.

The Disability Table sets out the medical disability percentage for a number of diagnoses and this sets the framework for the assessment of your medical disability, which is determined by a medical expert.

The extent of the medical disability caused by vibration injuries depends, among other things, on how extensive the symptoms are and whether they affect several fingers, one or both hands, one or both arms.

Severity is most often assessed using the Stockholm Workshop Scales, which also NAV form the basis for their assessments. In the Stockholm Workshop Scales, there are two scales that indicate severity, one with vasospastic grading and one with neurological grading.

Vasospastic grading:

0: no outcome
1: Mild - a few seizures on a few fingertips
2: Moderate - Occasional seizures involving the outer and middle joints of one or more fingers
3: Severe - Many seizures involving the whole of most fingers
4: Very severe - as stage 3 and also thinner skin on the fingertips

Neurological grading:

0: normal
1: intermittent sensory disturbance
2: frequent sensory disturbance, measures reduced sense of vibration and temperature
3: constant impaired sensation, measures ster impaired vibration sense, temperature sense and two-point discrimination

The disability table is set out in a separate regulation called Regulations on workers' compensation for occupational injuries, but is also used in other injury situations, such as after occupational disease, road accidents, leisure accidents, boating accidents and aircraft accidents.

Am I entitled to compensation for vibration damage?

HAVS is recognised as an occupational disease, and you may therefore be entitled to compensation for occupational injury.

Here you can read about Kolbjørn, who received compensation for occupational disease after he contracted HAVS at work as a plumber.

However, it is not a given that you will receive compensation even if you have suffered vibration injuries. This is because many vibration injuries are categorised as strain injuries. These do not entitle you to compensation.

In practice, only vibration injuries in the arms and hands are recognised as occupational diseases, and normally only injuries from the shoulder joint down to the hands.

Vibration-related problems in the neck, back and hips are not normally recognised as occupational diseases. Nor do so-called whole-body vibrations entitle you to compensation.

What types of compensation am I entitled to for vibration damage?

As an injured person, you may be entitled to the following types of compensation:

- Trade compensation
- Incurred and future additional expenses
- Revenue loss incurred
- Future revenue loss
- Inflicted and future loss of ability to work at home (not for occupational injuries)
- Compensation for tax disadvantage
- Compensation for redress

If you have claims related to accident insurances the amount of compensation will depend on your degree of medical disability, the insurance terms and conditions and the amount for which insurance has been taken out.

Is vibration injury recognised as an occupational disease by NAV?

Answer. If the vibration injury occurred at work for the employer at the workplace, and falls under the list diseases, then you can apply for NAV to have the disease recognised as an occupational disease equivalent to an occupational injury. If you receive a decision from NAV that you have an «approved occupational injury», you will automatically receive benefits in the NAV system.

Among other things, you can avoid paying a deductible for treatment by a doctor or physiotherapist by presenting the decision on «approved occupational injury». As a general rule, you can also be reimbursed for dental expenses, medicines and special medical equipment. You may also be entitled to compensation from NAV.

• Read also: How to apply for occupational injury compensation from NAV
• Read more: How NAV assesses whether you have an occupational injury
• Read also: How an occupational injury compensation case works

How much can I receive in compensation for vibration damage?

For occupational injuries, traffic accidents and other so-called liability cases, the amount of compensation depends on the severity of the injury, the consequences it has had for your ability to work and the expenses you have incurred as a result of the injury.

This will need to be assessed in more detail by a lawyer, but the compensation may amount to several million kroner.

Compensation under various accident insurance policies depends on the degree of medical disability (VMI), the insurance terms and conditions and the amount insured.

Do I need a lawyer if I get a vibration injury?

Yes. Vibration damage with personal injury can lead to complicated compensation cases, both legally and medically. It is therefore necessary to contact a lawyer to clarify whether an insurance company is liable for the injury, and the extent of this liability.

Do I have to pay for my own lawyer if I get a vibration injury?

No, not as a rule. Your legal expenses following accidents at work and road traffic accidents will normally be covered by the responsible insurance company. In accident insurance cases that occur, for example, in leisure time you must pay for a lawyer yourself.

Why should I choose Advokatfirmaet Halvorsen & Co?

Over almost 30 years, our clients have received billions of kroner in compensation. Our lawyers are experts in compensation law and help clients all over the country after vibration damage.

We always offer a free assessment of your compensation case. Get in touch with us today.