Securing Justice for Noise Induced Hearing Loss
At AWH Solicitors, our trainee industrial disease solicitor, Brandon Stevenson, recently assisted a client who had dedicated nearly a decade of service to their employer. Our client was employed as an Apprentice Coach Builder in 1980 but progressed to become a Skilled Man/Coach Builder in 1985. This case study outlines the challenges our client faced due to prolonged exposure to excessive noise in the workplace and the successful outcome achieved with the guidance of our trainee industrial disease solicitor.
Our Client’s Work Background
Our client’s responsibilities included heavy body repair work and refurbishing vehicles in the body shop. This includes panel beating, and other repair work. The work required the utilisation of various tools and equipment such as air drills, air riveter, air grinder, circular saws, planers, guillotines, and folders. The client could also work in the paint shop where he was subjected to needle de-scaling which was air powered.
Excessive Noise Exposure
The workplace environment subjected our client to continuous noise from the tools he used, revving engines, compressors, and generators. Notably, there were no provisions for personal protective equipment (PPE) such as hearing protection, and the management disregarded numerous complaints about general working conditions. Furthermore, no training was provided in relation to health and safety and noise that could cause and injury. The employer also didn’t provide any signage warning that they were in a loud environment. The client was provided with goggles to wear but they were not always available.
Our client worked the standard Monday to Friday shift from 8:30 am to 4:30 pm, with scheduled breaks totalling 50 minutes. Despite a canteen facility, there were no measures in place to address the prevailing noise issues.
The client was not aware of any colleagues making any complaints to the management team with regards to the levels of noise and just got on with his job. However, there were numerous complaints to the management team with regards to the general working conditions that they were subjected to.
Furthermore, the client was not aware of any of his previous colleagues suffering from noise induced hearing loss. However, he noticed during work he would have to shout to speak to a colleague when they were only 2ft away.
Onset of Noise Induced Hearing Loss
In January 2021, our client began experiencing difficulties hearing conversations across the room and in the presence of background noise. These challenges extended to everyday activities, including watching TV, answering the doorbell or telephone, ringing in his ears, and necessitating repeated requests for others to speak louder.
Noise Induced Hearing Loss Legal Action
Recognising the impact on his health, our client decided to pursue a claim for industrial disease: hearing loss. With the legal guidance of our trainee industrial disease solicitor, Brandon Stevenson, a medical report was obtained on this matter. The report was found in evidence and support of our client’s hearing condition and our client.
Noise Induced Hearing Loss Outcome
Supported by the medical evidence, our client successfully secured substantial compensation for the hearing loss claim. This case emphasises the importance of addressing workplace conditions and the rights of employees to a safe and healthy working environment.
AWH Solicitors is proud to have advocated for our client, ensuring they received the justice and compensation they rightfully deserved. This case highlights our commitment to fighting for the rights of individuals facing industrial disease challenges and the importance of addressing workplace conditions to prevent future harm.Get in touch
Hear more about the member(s) of our team featured above:
- Brandon Stevenson Trainee Solicitor view profile