Yes, I’ve been in similar situations many times before. Firstly, do you not subscribe to any medical insurance service (many employers do). Please don’t run me down for saying the following as I’m thinking and typing my thoughts: How accurate are your HAV’s assessments. My reason for asking is that and some of my colleagues have independently reviewed companies systems regarding HAV’s and regularly find them to be ineffective. Conversely, does your employee only work for you? Do they undertake and work using percussion tools outside of work? This may become a civil claim, however the chance that this will be directed only at your company given the information provided is unlikely. This is due to the individuals own admissions. The fact that you as a company obviously take this issue seriously by dealing with the problem and of course the fact the this employee has not worked for you for any great length of time.

RIDDOR requires you to repor this as a case of industrial disease. Thereafter, HSE may give you further direction! The moral of the tale is of course to invest in effective assessment at recruitment/ conditional employment. Too many "programmes" start of only with a questionnaire, which is no use at all in setting a baseline. Irrespective of veracity of previous employment and likely causes, it is entirely likely your company will face a compensation claim.

Larry, I had a similar situation a few years ago when I worked in the stone industry. HAVS is a very subjective condition and is, for the most part, down to individual susceptability. If you had controls in place before the employee was diagnosed then you have either been unlucky (as has the employee) or the controls have been proved unsuitable. If the employeess condition is deteriorating, then your only sensible option is to remove him from the tasks that expose him to vibration (not always as easy as it sounds in the stone industry). The NHS dont normally provide assessments required to adequately assess the condition so you have little choice to pay for a specialist diagnosis. Its disappointing that your company sees specialist diagnosis as an admission of guilt. By the very fact that the employee has HAVS, then your company is exposed. If it can be proved that the condition was caused in a previous employment or by something the employee does in his private life (might be a jack hammer fan?), then you may then be able to mitigate your liability. Also, if the other company denies or can put up a good case that "it wasnt them", then you will cop for the lot. Similarly if the other company has gone out of business or has no assets. It's a bit like "pocession is 9 / 10ths of the law", you are holding the baby at the moment! Its easy to look back after the event, but I'd certainly recommend good levels of pre employment screening by a occy health person in order to establish the base line. At present, since you dont do this, it may be solely down to your working practises that the employee has HAVS. Don't rely on him saying it was from previous employments as when it comes to civil claims, people tend to change their minds and say different things. We not try and convince your Directors that you should be doing all you can to look after this employee and by spending a bit of money, you are doing the right thing? It will certainly look better in a civil court if you show the caring side, albeit after the event, rather than trying to limit your liability? Incidentally, I had a real struggle to get my Director to "do the right thing", he actually suggested "paying the employee £20 extra a week as part of "on-going" compensation, rather than spend money on diagnosis and other controls! Holmezy

Larry, tell HR that there arent any possibilities. You have an employee that has been diagnosed with HAVS. You need, for the Company's sake, get him looked at by a specialist and get his condition "staged". Based on the reuslts of the specialist report and recommenations, then HR can have a look at the possibilities which would be a) let him carry on with his current job, with regular occy health, hightened controls etc b) find him another job, even if this means re-training him. c) declare him un-fit for his job on medical grounds, write him a cheque (a fairly biggish one, I'd suggest) and regrettably wave goodbye. Obviously you want to be seen as caring, so (C) would be a last option and a difficult decision made by HR on H+S grounds. The small amount you spend now will be insignificant if the employee gets worse and decides he wants a bit of compensation (whether his is employed or not). Plus H+S laws outweigh any HR / Employment law so you could play "top-trumps"? Holmezy