Hearing Loss Claim Won for £9,500
What Was the Hearing Loss Claim?
This case involves a former employee who worked for their employer from 1978 to 1997. The client held various positions, including Saw and Swaging Machine Operator, Dogging up Labourer, Slinger, and Remote-Control Crane Driver. They were exposed to loud machinery and worked in close proximity to noise sources. The client noticed a decline in their hearing and experienced tinnitus. No risk assessments were conducted during their employment. The case was settled for £9,500 in compensation for the client’s hearing loss claim with the legal help of Craig Johnson.
Details of Our Client’s Work Hours and Breaks
During our client’s period of employment, he worked in several areas and also completed several jobs. He was primarily based in his first location from 1978 to 1986 until that section was closed down and he was moved to a second location for the remainder of his employment until the site closed.
The client initially worked 40 hours per week across 1 week of day shifts, 1 week of night shifts. In around 1980, the working week was reduced to 37.5 hours (not including breaks). During the whole of his employment, our client would also pick up an additional 12 hours of work across 2 weeks. Our client would get one 10-minute break and a further 1-hour dinner break taken in the canteen.
Saw and Swaging Machine Operator
When he first began his employment, he was employed as a Saw and Swaging Machine Operator. Our client recalls that he was in this position for the first 5 years and that the environment was noisy from the outset. He believes that the noise emanated from the nature of the process and the noise from metal and metal clanging. He recalls that the saw and the swager were both loud machines in their own right but the noise increased when working on the metal tubing. Additionally, our client recalls that he would work with copper, brass, nickel and titanium tubes. The machines would grind a point on the end of the metal tubes ready to be pulled by the next process.
Dogging up Labourer
For the next 1 or 2 years, our client worked on another tube process in the same area and again was subjected to loud noises. He believes it was known in the factory as a Dogging up Labourer. During this process he would have to hook up a metal claw onto a heavy metal chain situated on the metal drawing bench. This then pulled the tube through a dye to shape and narrow the tube. The client would be stood next to the bench.
Work as a Slinger
After the first 7 years, our client was moved to become a Slinger. This entailed in attending the machines that were working on the metal tubing, putting slings on the finished tubes and moving them by crane to the next machines in the process. Our client states that he would spend a lot of his time in and amongst the machinery as it was in operation.
Remote Control Crane Driver
From here he moved to be a Remote-Control Crane Driver due to making the Slinger position becoming redundant. As part of his duties, he would still have to sling his own loads and then move them with the remote control around the mill. Again, our client would be amongst the working machinery.
Transfer to a Louder Worksite
When the Defendant closed their first location our client transferred to the second which was in a separate larger building, housing larger machines. In our client’s opinion, the second location was a louder environment. At the second location, he continued in his role as a Remote-Control Crane Driver as well as slinging his own loads. One of the jobs was to sling and move the pipes to and from the Loma Saw which was in constant use cutting several tubes in one pass. He recalls that this machine was particularly noisy, and he was in close proximity to it when he was unloading tubes pre-cutting and loading the crane with the post-cut tubes.
Employer’s Negligence Resulting in Our Client’s Hearing Loss
Our client does not recall any risk assessments being completed when he changed roles or even during his employment with the Defendant.
He believes that he was exposed to noise during his duties. He personally used the saw swager, the dogclaw and the crane. However, he would have to attend to all the machines in the factory when he was a Slinger / Crane Driver.
Additionally, our client believes that he noticed his hearing had deteriorated in and around June 2020 when the lockdown ceased. He noticed that in social environments he was now struggling to hear others than prior to lockdown he did not. Our client also has issues with tinnitus that he feels he noticed during lockdown as he found himself in quieter environments on a daily basis. He is of the opinion that this can and does cause him issues during the day and when attempting to fall asleep.
Hearing Loss Industrial Disease Case Settled for £9,500
With the experienced legal representation from our industrial disease solicitor, Craig Johnson, our client received £9,500 in compensation for their hearing loss claim.
Making a Claim for Hearing Loss or Damage
If you have experienced hearing loss from your employer’s negligence resulting in 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.
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