Mr M worked for Sheepbridge Stokes Ltd, which later became GKN Sheepbridge Stokes Ltd for 17 years. He was employed at the site on Dunstone Lane of Whittington Moor, Chesterfield, Derbyshire.
Exposure to Noise
Mr M was employed as a shop floor labourer, a machine operator and a tool setter, during his period of employment. He was exposed to the noise of large grinding machinery, honing machinery and metal cutting machinery. He said that the noise was so loud that in order to communicate with someone at a distance of 3 or 4 feet, he would have to shout.
Later in Mr M’s employment, some hearing protection was made available, however it was not enforced and as such, workers did not use it all the time. Mr M advised that staff were not made aware of the importance of using hearing protection.
Mr M suffered from mild noise induced hearing loss and mild noise related tinnitus.
What did we have to establish?
We had to establish the following basic matters:
- Our client did have noise induced hearing loss
- He was employed by the defendants
- He was exposed to excessive levels of noise
- The defendants owed our client a duty of care and were negligent in failing to provide hearing protection, training and supervision.
How did we help?
In order to progress the case we had to:
- Discuss with our client how and where he worked to establish a picture of his exposure to noise.
- Assess the time limits involved in the case
- Arrange for him to undergo a hearing test
- Establish whether the companies still existed and contact the relevant insures notifying of the claim.
- Arrange a medical report
- Correspond with the defendants insurers and advise them of their breach of duty and negligence
- Advise the client on the prospects of the case and discuss how we had valued the claim.
- Negotiate settlement
Eventually we were able to negotiate a settlement of £4,000 without the need for court proceeding for what was a mild hearing loss and mild noise related tinnitus.