Burnley man awarded compensation for noise induced hearing loss
Noise induced hearing loss sufferer, Mr W, wins settlement totalling £1,557.45 through WE Solicitors.
Mr W was exposed to excessive levels of noise, whilst working for various different employers throughout his life, and whom exposed him to excessive noise.
Mr W was employed by Crabtree Denims Ltd of Burnley Road, Todmorden, Lancashire, from 1971 to 1975. He was employed as a winding machine fitter and operator, working on a full time basis. His duties involved ensuring the smooth operation of the winding machinery and reparation and maintenance of the same. During his employment, Mr W was exposed to the noise of the winding machinery, carding machinery and some workshop noise. Mr W was never provided with hearing protection during this period and nor was he ever warned or trained on the dangers of excessive noise exposure.
Mr W’s case was not straightforward, as the insurers for this now dissolved company, could not be traced initially. Through further research, the insurers for the majority of Mr W’s period of exposure were traced and the claim could proceed.
Mr W now suffers from mild noise induced hearing loss and a moderate grading of tinnitus, which was confirmed when WE Solicitors arranged a medical assessment of his hearing condition. This was presented to the defendants, as part of the evidence, to support Mr W’s claim.
Some of Mr W’s noise exposure could not be claimed for, as some took place prior to 1963, which is the date of guilty knowledge. Additionally, some of his periods of exposure were only a few months at a time and were therefore too short for claims to be pursued. Finally, some of the insurers of the now dissolved companies could not be traced, leaving no paymaster to pursue. A lot of the time, when a company has dissolved, the former insurers’ details are readily available, so we can still pursue claims against those companies.
Mr W received £459.75 in relation to his claim against Crabtree Denims Ltd and has already received a total of £1,097.70, in respect of previous claims against Joshua Hoyle & Sons Ltd of Plumb Street, Burnley, Southalls (Birmingham) Ltd of Lomeshaye Mill, Nelson and John Stansfield & Son Ltd of George Street, Burnley.
Mr W’s claim was settled without the need for court proceedings. Both Mr W and WE Solicitors are very pleased with the outcome.