Car Manufacturer Wins £5,000 for Hearing Loss Claim
What Was the Hearing Loss Claim?
The client was employed as a Rectifier / Production Operator for a car Manufacturer, between the tax years of 1989/1990 to 2002/2003, our client worked at Lonbridge site in Birmingham. Through the course of his employment, the business made changes to its name on numerous occasions from British Leyland to Rover Group and MG Rover Group. Due to his employer’s negligence, our client was exposed to the general background noise of the car manufacturer with no protection. As a result, our client sought out the help of AWH’s industrial disease solicitors to make a hearing loss claim.
In addition to his role as a Rectifier / Production Operator, our client also worked as a Social Worker. This can be seen on his HMRC Schedule of Employment. Our client confirms that this was in addition to his role at the car manufacturers and at no time was his employment disrupted and was continuous for the entire period in question between January 1990 and November 2002.
The Claimant advises that despite not using the noisy machinery he was always in amongst it. He alleges noise exposure from the machinery manufacturing car parts, air guns, air drills, banding of doors via testing, and putting wheels on the vehicles with air machinery.
He would work between eight to ten hours five days per week. Additionally, on occasions (around one in three) weekends he would work eight to ten hours per day as overtime. He would get a fifteen-minute tea break and a longer break for food. During these breaks, he would sit away from the noise in the canteen or rest area.
Employer Negligence Leading to a Hearing Loss Claim
During his employment, our client was not provided with any hearing protection. He additionally was not provided with any health and safety training in relation to the dangers of working in noise. Finally, he was not subject to any hearing tests during his employment.
A report from an ENT consultant was obtained and it was confirmed that our client had 4.7 dB of noise attributable to noise but with no tinnitus.
Your Employer’s Responsibility
Under the Control of Noise at Work Regulations 2005, businesses are required to protect the health and safety of all their employees by managing noise levels in the workplace to prevent hearing loss.
If your workplace has a lot of loud noise, your employer should:
- Act to reduce noise exposure
- Provide protective equipment
- Ensure legal limits of noise exposure are not exceeded
- Monitor and maintain all equipment and machinery
- Provide health and safety information and training to all staff exposed to noisy environments
- Carry out health surveillance on employees at risk
If your employer is failing to adhere to the above responsibilities, they are likely failing to protect you. As a result, this could result in your hearing loss. If you have experienced hearing loss or damage, speak to our solicitors to start your hearing loss claim.
Making a Hearing Loss Claim with Our Industrial Disease Solicitors
If your employer’s negligence has caused you to suffer from permanent or disabling hearing damage, we can help you with your hearing loss claim to get you the compensation you deserve. Start your workplace hearing loss claim with AWH today on a no-win, no-fee basis.Get a free assessment