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8th August 2011
Noise-induced deafness compensation secured for quarry worker
Having worked for most of his working life operating heavy equipment and vehicles, our client had visited his GP when he was unable to suffer any longer the buzzing in his ears. His GP referred him to ENT (Ear Nose and Throat) at the local hospital, who diagnosed tinnitus.
He asked our specialist occupational disease lawyers to represent him in making a claim for industrial deafness, or noise induced deafness. Although the defendant admitted liability, it was necessary for our specialist personal injury solicitors to issue court proceedings before the other side’s insurers would negotiate an acceptable settlement. We won £10,000 in compensation for our client’s injuries.
Industrial deafness injury caused by constant excessive noise levels
Our client had worked in the same location almost since leaving school, although his employer had changed several times over the years.
His job required him to operate several types of heavy industrial equipment and vehicles such as dumper trucks, digger loading lorries, Caterpillar Loading Shovels and ball drop machines.
Throughout his working day, our client was exposed to excessive noise as he operated all these machines, many of which had no cab that might have afforded him some protection against the worst excesses. Even when there was a cab, often the windows would have to be left open as visibility was impaired by the dust and dirt that accumulated on the windows. When accompanied in the cab, it was necessary to shout to his colleague to make himself heard.
The noise from the engines themselves were above acceptable levels, but breaking, loading and dumping of the stone itself would result in even higher noise levels as they dropped the ball breaker to break the stone, and then as it was loaded into metal skips.
Our client now suffers constant ringing which make it difficult to sleep, and is uncomfortable in crowded environments as he is unable to clearly hear conversations.
No protective equipment or information
For many of the years that our client had been exposed to these excessive levels of noise, his various employers had failed to advise him of the risks of noise-induced deafness. They also failed to provide training on how to reduce the possible damage to his hearing capacity.
Hearing protection was available sporadically and no system was in place to ensure that employees received or wore ear defenders.
Breach of Regulations
Since our client’s negligent exposure to excessive noise had taken place over an extended period, his employers had failed in their duty of care originally under the Noise at Work Regulations 1989 and further under the Management of Health and Safety at work Regulations 1992.
Amongst other failings, his employer had exposed him to excessive noise at work, allowed him to work in a situation of excessive and dangerous levels of noise, and failed to provide a safe and proper system of work, or provide suitable hearing protection.
Making a claim for industrial deafness compensation
Clear Answers has extensive experience of claiming personal injury compensation for all types of injuries at work, whether your injury was due to negligence on the part of an employer, or some other cause. Should you decide to instruct us to represent you in your compensation claim, Clear Answers’ lawyers have teams of specialists waiting to help you.
Clear Answers' solicitors will be happy to provide you with expert legal advice, and our specialist personal injury lawyers will talk you through the claims process in plain English. They will be happy to answer any questions you may have regarding your claim.
Our service will be cost-free for you and you will receive 100% of any compensation awarded to you. The person responsible for your injury will pay our legal fees.
If you or a family member has suffered a personal injury in any circumstances, please ring us on 0800 783 9019 and speak to one of our advisers. Alternatively, if you prefer to complete one of our online compensation claim forms, one of our representatives will contact you as quickly as possible.
