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Home > News > Noise-induced deafness compensation awarded to mechanic

3rd August 2009

Noise-induced deafness compensation awarded to mechanic

At a hearing test, our client was advised that he had suffered a hearing loss, which may be attributable to his exposure to excessive noise levels. Our client was also suffering from a buzzing in his ears and was told by another medical professional that this is a symptom of potential noise damage.

He asked us to represent him in making a compensation claim for industrial deafness. The defendant admitted liability for our clients’ industrial injury. However, it was necessary for our specialist personal injury solicitors to issue Court proceedings before the other side’s insurers would negotiate an acceptable settlement, based upon the seriousness of the symptoms, and the claim settled out of Court for £10,000 in compensation.

Industrial deafness injury

Our client had worked for the same organisation since leaving school. His job required him to use several types of noisy tools, including air ratchets, air drills, large and small impact air guns, etc. Even when he was not using the tools himself, he was one of several workers within a workshop and there would always be noise from tools being used by his colleagues within a few feet of where he was working.

Our client’s exposure had occurred over a number of years. Despite information being available to employers regarding the risks of noise-induced deafness, his employer failed to provide training, advice on the risk of hearing damage or, until recently, adequate hearing protection. It was only recently that notices were erected in the workplace to advise employees to wear ear protection.

Breach of Regulations

In exposing our client to excessive levels of noise, his employer had been in breach of both the Factories Act 1961 and the Noise at Work Regulation 1989.

Time Limits

Specialist solicitors are needed in deafness claims, as there can be a significant difference between the time that has elapsed from being exposed to noise and when a person actually notices their hearing losses. Industrial disease compensation claims for noise-induced deafness can be pursued against companies if a person no longer works for them, and even if a company has shut down. We have the expertise to attempt to trace a company’s history and find their insurers, or see if the company has actually changed name or have merged or been taken over.

However there are strict time limits as to when Court proceedings must be commenced and therefore if a person thinks their hearing loss or tinnitus might be attributable to noise they need to obtain legal advice as soon as possible.

Making a claim for industrial deafness compensation

Clear Answers has extensive experience of claiming personal injury compensation for all types of industrial injuries, 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 industrial disease compensation claim, Clear Answers’ lawyers have teams of noise-induced deafness 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 compensation claim.

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.

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