Mr Wilkinson was exposed to excessive levels of noise, whilst working for various different employers throughout his life, and whom exposed him to excessive noise.
Mr Wilkinson was employed as a warehouse worker for John Stansfield & Son Ltd of George Street, Burnley, from 1961 to 1965. This was a textiles mill and Mr Wilkinson’s job required that he spent around 40% of the time in the weaving shed and 40% of the time in the winding department, both of which were very noisy working environments, owing to the looms and winding machinery. Mr Wilkinson advises that he was never provided with hearing protection by the management there and the issue of noise exposure was simply never mentioned.
Mr Wilkinson also worked for Joshua Hoyle & Sons Ltd of Plumb Street, Burnley, from 1976 to 1978. He was employed as a labourer for this textiles company and his duties involved operating the spinning frames and making perns for the weaving department. He would often have to take perns into the weaving shed, meaning that he was not only exposed to the noise of the spinning frames, but also the weaving looms. He was never warned of the dangers of noise exposure and nor was he provided with any kind of hearing protection.
Mr Wilkinson went on to work for Southalls Ltd of Lomeshaye Mill, Nelson, during the years 1978 to 1981. He was employed as a carding machine repairer and was exposed to the noise of carding machinery in the department, which produced feminine hygiene products. His role would also involve using noise tools such as drills and hammers etc. Again, Mr Wilkinson advises that he was never provided with hearing protection or warned of the dangers of noise exposure.
Mr Wilkinson advises that in all those places of employment, the noise was such that if he wanted to communicate with someone a few feet away, he would have to shout, gesture or lip-read. This is indicative of noise levels exceeding a staggering 90dB.
Mr Wilkinson 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 Wilkinson’s claim.
Some of Mr Wilkinson’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 her 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 Wilkinson still has a claim ongoing against another textiles company, the outcome of which is still awaited at this stage.
Despite this, WE Solicitors were able to negotiate an out of court settlement of £1,097.70 for Mr Wilkinson, for his claims against the above mentioned companies, avoiding the need for court proceedings. Both Mr Wilkinson and WE Solicitors are very pleased with the outcome.