Successful Noise Induced Hearing Loss Claim
Whats My Deafness Claim Worth have recently successfully pursued a claim for compensation for noise induced hearing loss and tinnitus for a client who had been exposed to excessive noise whilst employed as a sheet metal worker.
The client was employed by three different metal-working companies over nearly 30 years.
Our client was exposed to very high levels of noise during his working life. He had to carry out processes such as ducting of sheets of metal which involved very loud hammering, guillotine metal using a very noisy guillotine machine, using grinders, hammers, chisels and masonry drills. In addition, our client used a powered spanner called a torque reaction device which was used for tightening bolts.
As well as our client using these tools, at each of his jobs he worked alongside other people also using similar tools, which were also creating similar levels of noise.
Our client was therefore exposed to high levels of noise every day throughout his working life.
None of the employers our client worked for provided him with any form of hearing protection.
In each job the noise was so loud that our client had to shout if he wanted to be heard by colleagues standing near by.
Over recent years our client started to notice a problem with his hearing. He found that he had a particular problem struggling to speak to people when he was speaking to them in a crowded room. He also found that he had to have the volume on his TV turned up very high.
Our client had a hearing test and was diagnosed as having noise induced hearing loss. Our client also had a slight ringing in his ears (tinnitus).
Our client instructed us to pursue his claim for compensation for noise induced hearing loss.
We had to trace the three small companies our client had worked for but these were no longer trading.
Each company had had a number of different employer’s liability insurers over the course of our client’s employment. We found that we were dealing with nine different insurers in total.
Eventually, one of the insurers agreed to coordinate the defence of the claim on behalf of all of the employers and insurers.
The Defendants disputed our client’s claim but we were able to establish that they had been in breach of their duties to our client in that all three companies exposed him to excessive levels of noise and also failed to provide hearing protection.
We arranged for our client to be examined by an independent ENT Consultant who provided a report confirming that our client had sustained a degree of noise induced hearing loss and slight tinnitus. Fortunately for our client his hearing was not greatly damaged, but his hearing loss and tinnitus did have an impact on him on a daily basis.