Mr W was exposed to excessive levels of noise, whilst working in the refuse collection and recycling industry, from 1978 to the present. Mr W has been employed in this role by Rochdale Metropolitan Borough Council for over 30 years.
Exposure to Noise
Throughout his employment, he has been exposed to noise levels in excess of the safe legal limits from the refuse wagons and recycling processes.
Mr W advised that he was never provided with hearing protection and the issue of noise was simply not mentioned. It was not until very recently that the council started to pay any attention to the matter, by which time, the damage had already been done.
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 £8,250 without the need for court proceedings.