Compensation success for construction worker with noise induced hearing loss
What’s My Deafness Claim Worth have recently successfully recovered compensation for a client who suffered noise induced hearing loss as a result of exposure to excessive noise whilst working in a large factory and also working in the construction industry.
Our client’s first noisy employment was working for Cadbury at their large factory on the Wirral.
Our client was employed at Cadbury after he left school. He was exposed to considerable levels of noise at Cadbury in a number of different ways.
Our client had to work in an extremely loud sugar silo for around two to three hours, once or twice a week. The noise from this work would be so loud as to be almost painful.
Our client also worked in other areas of the Cadbury factory. He was exposed to considerable noise from mixing machinery, ovens, conveyors and other equipment in the factory.
Our client was not provided with any hearing protection.
Our client was then employed by a number of different small construction companies. Our client worked as a bricklayer.
When our client was on site he was surrounded by noisy plant and machinery including concrete mixers, hydraulic machinery, JCBs, cranes, jack hammers, kango hammers, dumper trucks and wagons.
Our client was not provided with any hearing protection when working in the construction industry.
Throughout all the period when our client was exposed to excessive noise at work, the noise was so loud that he would have to shout to be heard by somebody a few feet away or at times the noise would be so loud that he would not be able to communicate at all.
As a result of his exposure to excessive noise, our client’s hearing deteriorated over a number of years.
Our client had to go to his GP to have his ears syringed on several occasions. Our client found that this helped his hearing on a temporary basis but his hearing would worsen again.
Our client found that his hearing problem became significant to him around two years before he instructed us. At that time he started to have difficulty hearing people properly when they spoke to him. He remembered one particular occasion when he went to a party at the local golf club and struggled to hear conversations amid the background noise. He went to see his nurse at his GP practice who suggested that our client may have problems with his hearing caused by noise.
Our client was then referred to get hearing aids and he had a hearing test at that time which confirmed noise induced hearing loss.
The Defendants in our client’s case attempted to suggest that he had brought his claim too late, outside of the three year limitation period for bringing this type of claim.
We were able to successfully argue in Court that the three year limitation period should only run from the date when our client’s hearing loss became significant to him and that this date is when our client started noticing difficulty hearing people talking to him.
The Court accepted that on the occasions that our client went to his GP and had his ears syringed for a number of years before he contacted us, that did not amount to a significant injury.
Therefore, we were able to establish that our client had pursued his claim within the three year limitation period.
Once we had successfully persuaded the Court that our client had brought his claim in time, we were able to negotiate a settlement of the claim with the Defendants. Our client received £7,100 compensation for his hearing loss.