Worker wins deafness compensation - 2 employers
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Home > News > Noise-induced deafness compensation for plumber

8th May 2012

Noise-induced deafness compensation for plumber

Despite liability being denied by two employers, our specialist industrial disease lawyers secured occupational disease compensation for our client who had developed noise induced deafness.

For almost three decades, our client had been negligently exposed to excessive levels of noise by two large and well-known organisations. When they refused to negotiate an acceptable settlement in compensation for our client's injury, we were forced to issue court proceedings. However, we continued to negotiate and before trial, we were able to reach a settlement that reflected our client's disability.

Working in areas with excessive noise levels

Working in manufacturing environments, our client worked in areas where others were using grinders, censars, saws, pneumatic saws and other types of pneumatic and vibrating tools, all of which generated excessive noise, frequently for the whole day or shift. During most of the day, conversation was not possible and concentration was affected.

Although ear defenders were provided on a limited availability, they were frequently not in sufficient quantities for everyone, or were not available where needed, or needed prior permission to have them issued. They were not issued to individuals as personal protection.

Frequently, our client worked in confined spaces where it was physically impossible to wear ear defenders.

Noise induced hearing loss as a result of excessive noise exposure

A retired worker, when our client's family persuaded him to seek medical advice, our client initially thought that any hearing loss was due to normal age related changes.

He initially visited his GP who referred him to an Ear Nose and Throat department at his local hospital, where tests, including an audiogram, proved that he was suffering hearing loss and that it was due to excessive noise levels in the working environment.

Obviously his condition has had a considerable impact on his social and personal life as he struggles to hear normal conversations. Now fitted with hearing aids, this has made some improvement, but without his industrial disease compensation, he would be unable to purchase the more advanced type of aid that addressed his hearing problems more effectively. He has been advised that he will need to wear aids for the rest of his life.

Breach of Regulations

Both of his employers had failed in their duty of care under the Noise at Work Regulations 1989 and further under the Management of Health and Safety at work Regulations 1992. Our specialist industrial disease lawyers fought this claim for noise induced deafness compensation on the grounds of these and other failures.

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.

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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